Financing sale and leaseback is a kind of financial service business, and the provision of paying value-added tax is clear in our tax policy. According to the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on comprehensively pushing forward the pilot project of changing business tax into value-added tax, the financing sale and leaseback service belongs to loan service, and value-added tax should be paid according to financial services.
The tax basis of financing sale and leaseback business is the total price and extra-price expenses obtained by providing financing sale and leaseback service, and the balance after deducting the loan interest paid externally (including foreign exchange loan and RMB loan interest) and bond issuance interest.
It should be noted that the lessee's behavior of selling assets in the financing sale and leaseback business does not belong to the scope of collection of value-added tax and business tax, and value-added tax and business tax are not levied. However, the lessor needs to pay value-added tax for renting assets.
Matters needing attention in tax payment after financing:
1. Calculation and payment of value-added tax: According to the regulations of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC), the sales amount in the financing sale and leaseback business shall be determined according to the total price and other expenses paid by the lessee, including principal, interest and other expenses. Therefore, before signing the contract, the enterprise needs to clearly agree with the leasing company on the amount and proportion of various fees.
2. Calculation and payment of enterprise income tax: In the business of financing sale and leaseback, enterprises need to calculate and pay enterprise income tax according to regulations. Specifically, enterprises need to calculate and pay enterprise income tax as a part of taxable income.
3. Calculation and payment of stamp duty: In the financing sale and leaseback business, enterprises and leasing companies need to pay stamp duty according to the prescribed tax rate. The specific tax rate and tax basis can be consulted with the local tax authorities.
4. Application and enjoyment of tax incentives: enterprises can also apply for relevant tax incentives if they meet the conditions stipulated by the state. For example, small and low-profit enterprises that meet the requirements can enjoy the preferential policy of collecting enterprise income tax by half.
Reference to the above content: Baidu Encyclopedia-VAT