Stamp duty is levied only on loan contracts signed between banks and other financial institutions and borrowers (excluding interbank lending).
The tax rate of the loan contract stamp duty is 0.5% of the loan amount (excluding interest). 05‰。
A loan contract refers to a loan contract between a banking financial institution, other financial institutions established with the approval of the the State Council Banking Regulatory Authority and the borrower (excluding interbank lending). Private lending contracts are not taxable contracts.
Stamp duty *** 13 tax item, in which 10 economic contracts include purchase and sale contracts, processing contracts, construction engineering survey and design contracts, construction and installation engineering contracts, property lease contracts, cargo transportation contracts, storage contracts, loan contracts, property insurance contracts and technical contracts. In addition to the contract, the tax items also include the transfer of property rights, business account books, rights and licenses.
Characteristics of Stamp Duty on Loan Contract
(1) has a wide range of tax sources. With the establishment and development of market economy, people's economic exchanges are frequent, and the phenomenon of keeping accounts, getting coupons and using coupons is becoming more and more common. Therefore, there are a wide range of tax sources for the taxation of accounting vouchers and payment vouchers.
(2) simple collection and low cost. Stamp duty is paid by taxpayers themselves, and the tax authorities are only responsible for inspection and other work. Therefore, the collection is relatively simple and the collection cost is low.
(3) No tax refund or deduction is allowed. The overpayment or overpayment of taxes by enterprises shall not be refunded or deducted.
(4) light taxes and heavy penalties. Stamp duty is relatively light, with the highest tax rate of 1‰ and the lowest tax rate of 0. 5‰, but those who don't stick, stick less or take off reusable seals may be severely punished.
1。 Taxpayers of stamp duty include:
(1) Units and individuals that have obtained taxable vouchers (including contracts, property transfer vouchers and business account books listed in the Table of Tax Items and Rates attached to the Stamp Law) in People's Republic of China (PRC) are also called "contractors, account books and account books";
(2) Units and individuals that conduct securities transactions within the territory of People's Republic of China (PRC) shall collect stamp duty on securities transactions from the transferor, but not from the transferee;
(3) Units and individuals that use taxable vouchers within and outside China are also called "users".
2。 About the "contractor"
(1) If a contract or a taxable certificate is signed by two or more parties, and both parties who signed the contract or the taxable certificate are taxpayers, they shall fulfill their tax obligations on the taxable amount of the contract or the taxable certificate held by them.
(2) Stamp duty is levied on all kinds of taxable documents signed by taxpayers in electronic form.
(3) The undertaker refers to the units and individuals that have direct rights and obligations to the vouchers, but does not include the guarantors, witnesses and appraisers of the contracts.
Understanding of Stamp Duty on Loan Contract
1. The bank loan contract shall be calculated at 0.5 ‰ of the loan amount according to the provisions of the Stamp Tax Items and Rates Table.
2. In other words, loan contracts signed with banks and other financial institutions (including financial lease contracts and mortgage loan contracts signed with financial institutions) need to pay stamp duty.
It is emphasized here that the target of signing the contract is banks and other financial institutions. Other financial organizations refer to units established with the approval of the People's Bank of China, except the People's Bank of China and specialized banks, and obtained the financial business license certificate.
To sum up, it is Bian Xiao's relevant answer about the stamp duty rate of loan contracts, hoping to help you.
Legal basis:
People's Republic of China (PRC) Stamp Tax Law
Article 5 The tax basis of stamp duty is as follows:
(1) The taxable basis of a taxable contract is the amount listed in the contract, excluding the specified value-added tax;
(2) The taxable basis of the taxable property right transfer certificate is the amount listed in the property right transfer certificate, excluding the specified value-added tax;
(3) The taxable business account books are based on the paid-in capital (share capital) and total capital reserve recorded in the account books;
(4) The tax basis of securities trading is the transaction amount.
Article 6 If the amount is not specified in the taxable contract or property right transfer document, the tax basis of stamp duty shall be determined according to the actual settlement amount.
If the tax basis cannot be determined according to the provisions of the preceding paragraph, it shall be determined according to the market price at the time of conclusion of the contract and transfer of property rights; If government pricing or government-guided pricing should be implemented according to law, it shall be determined in accordance with relevant state regulations.