Legal analysis
The input tax on the purchase of loan services cannot be deducted, but the related expenses should not be deducted. If the expenses paid directly to the borrower cannot be deducted, it may happen that the borrower pays to the third party first and then the third party pays to the borrower. The reason is that the purchased goods and services are used for items that cannot be deducted from the input tax according to the tax law (such as collective welfare and tax-free items), so they cannot be deducted; However, some of them are definitely not deductible in the tax law. Whether it is used in the above-mentioned projects, such as purchasing catering services, it is not deductible in the tax law itself. Whether it is inviting customers to eat, employees to work overtime for dinner, or when corporate executives go home for a class reunion during the Spring Festival, catering is "related to production and operation". According to the relevant laws and regulations, the purchased loan service shall not be deducted from the output tax, and at the same time, it is stipulated that the investment and financing consulting fees, handling fees, consulting fees and other expenses directly related to the loan paid by the taxpayer to the lender by accepting the loan service shall not be deducted from the output tax. The directly related expenses such as interest expenses paid by enterprises need to pay 6% value-added tax after the reform of the camp, which cannot be deducted from the input. If the interest rate is high, the repayment amount of the borrower will increase after the loan term, otherwise it will decrease. There are three factors that determine loan interest: loan amount, loan term and loan interest rate. The input tax of the following items shall not be deducted from the output tax: (1) Goods, services, intangible assets and real estate purchased for simple taxable items, items exempted from value-added tax, collective welfare or personal consumption; (two) abnormal losses of purchased goods and related labor and transportation services; (3) Goods purchased (excluding fixed assets), services and transportation services consumed by products in process and finished products with abnormal losses; (four) other projects stipulated by the State Council.
legal ground
Article 670 of the Civil Code of People's Republic of China (PRC) * * * Loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.