The current policy of tax refund for retained funds
I. main contents of the new policy of tax refund for retention; This year's new policy of tax refund for retention has three characteristics: First, it focuses on "small and micro enterprises and key supporting industries"; Second, "incremental allowance and stock allowance" and retreat; Third, the arrangement of "institutional, one-off and phased" should be carried out simultaneously. Specifically, the New Deal mainly includes two categories: First, the tax refund policy for small and micro enterprises, that is, in 222, all small and micro enterprises that meet the requirements in all industries will be refunded the stock tax allowance at one time, and the incremental tax allowance will be refunded monthly; Second, the tax rebate policy for manufacturing industries, such as manufacturing industry, scientific research and technical service industry, electricity, heat, gas and water production and supply industry, transportation, warehousing and postal industry, software and information technology service industry, ecological protection and environmental governance industry, will refund the stock tax rebate in one lump sum and the incremental tax rebate in full every month. Here, five issues are highlighted and emphasized: First, the policy scope of monthly refund of incremental tax allowance for advanced manufacturing industries is extended to all small and micro enterprises and six key industries as a long-term policy. Second, all eligible small and micro enterprises and manufacturing enterprises will be refunded the stock tax allowance formed before April 1, 219. This stock tax refund policy is a one-off policy. The "one-off" here means that taxpayers will no longer have the stock tax allowance after they get the stock tax allowance. Third, the universal tax refund policy implemented in 219 has set a tax refund threshold of "the incremental tax allowance for six consecutive months is greater than zero, and the sixth month is not less than 5, yuan". This time, this tax refund threshold is phased out for small and micro enterprises. The first article of Announcement No.14 stipulates that the implementation period is before December 31, 222. Fourth, the applicable subjects of the tax refund policy for small and micro enterprises and manufacturing industries not only refer to enterprises, but also include individual industrial and commercial households that pay taxes according to the general tax method. Fifth, from the perspective of policy classification and conditions, the applicable subjects of the tax rebate policy for small and micro enterprises and the tax rebate policy for manufacturing industries may overlap, that is to say, a taxpayer, such as small and micro enterprises in manufacturing industries, can apply the tax rebate policy for small and micro enterprises as well as the tax rebate policy for manufacturing industries, and taxpayers can choose to apply it independently, and the effect of its policy implementation is the same. Second, the determination of the applicable subject of the new policy of tax refund is about the determination of six industries such as manufacturing. The determination of taxpayers who apply the tax refund policy for six industries, such as manufacturing industry, continues the principle of "subordinate" application of the tax refund policy for advanced manufacturing industry, and judges whether the taxpayer meets the relevant conditions of the industry according to the main business of the taxpayer, rather than the industry registered by the taxpayer. That is to say, as long as the total value-added tax sales of taxpayers engaged in six industries such as manufacturing accounts for more than 5% of the total value-added tax sales, it meets the main conditions of six industries such as manufacturing. There are three issues that need to be emphasized here: first, the calculation interval of sales proportion. The proportion of sales is calculated and determined according to the sales of taxpayers for 12 consecutive months before applying for tax refund. It should be noted that when calculating the proportion of sales, the numerator of the calculation formula is the total value-added tax sales under six industries. Second, about industry registration information. For taxpayers whose six types of income account for more than 5%, but the industry information registered by taxpayers does not belong to these six industries, especially when a certain type of income in the six industries is the highest value of the taxpayer's various types of income, taxpayers are advised to change the industry registration information in time according to regulations. Third, the policy of tax refund for advanced manufacturing industry stopped. After the incremental tax refund policy for advanced manufacturing industries was extended to six industries, such as manufacturing industries, and the tax refund was implemented for the stock tax allowance, the tax refund policy for six industries, such as manufacturing industries, has completely covered the previous incremental tax refund policy for advanced manufacturing industries. Therefore, after the implementation of the New Deal, the incremental tax refund policy for advanced manufacturing industries stopped at the same time. The second is about the standard of enterprise scale. At present, there are two main classification standards announced by relevant departments: one is the Standard Provisions on Classification of Financial Enterprises issued by the People's Bank of China and other five departments, which classifies financial enterprises according to the index of "total assets"; Second, the Standard Provisions on Classification of Small and Medium-sized Enterprises issued by the Ministry of Industry and Information Technology and other four ministries and commissions uses one or a combination of three indicators, namely, operating income, total assets and employees, to classify 16 industries respectively. In addition, there are six types of industries such as "education" and "health" that are not included in this classification standard. In order to effectively ensure the implementation of the tax refund policy, adhere to the principle of standardization, unity and full coverage, the tax refund policy adopts two indicators of "operating income" and "total assets" in the above two standards to determine the scale of enterprises. At the same time, for industries that have not set the indicators of "operating income" or "total assets" in these two standards, and industries that have not been included in the two standards, the classification standards are as follows: the standard for micro-enterprises is the value-added tax sales (annual) of less than 1 million yuan (excluding 1 million yuan); The standard for small enterprises is that the value-added tax sales (annual) is less than 2 million yuan (excluding 2 million yuan); The standard for medium-sized enterprises is the value-added tax sales (annual) below 1 million yuan (excluding 1 million yuan). Three issues are emphasized here: first, the total assets index is determined according to the taxpayer's value at the end of the previous fiscal year. Second, the operating income index is determined according to the taxpayer's VAT sales in the previous fiscal year. Value-added tax sales, including tax declaration sales, inspection and compensation sales, and tax assessment and adjustment sales. Where the difference in value-added tax policy is applicable, it shall be determined by the sales amount after the difference. Thirdly, in the application of classification indicators in the Standard Provisions on Classification of Small and Medium-sized Enterprises, some need to meet two indicators at the same time, and some only need to meet one of them. Taxpayers should apply the corresponding classification indicators according to their different national economic sectors. Iii. Basic Conditions for Tax Refund: The New Policy of Tax Refund for Tax Refund for Tax Refund for Tax Refund for Tax Refund in 222 continued the basic tax refund conditions for the incremental tax refund policy for advanced manufacturing industries, that is, the following four conditions need to be met at the same time: (1) The tax credit rating is Grade A or Grade B; (2) 36 months before applying for tax refund, there is no case of defrauding the tax refund, defrauding the export tax refund or falsely issuing special invoices for value-added tax; (3) Not being punished twice or more by the tax authorities for tax evasion within 36 months before applying for tax refund; (4) Since April 1, 219, you have not enjoyed the policy of "refund on demand" and "return after collection". There are three problems to be explained here: first, these four conditions are equally applicable to the tax refund policy for small and micro enterprises and the tax refund policy for manufacturing industries; Second, these four conditions are equally applicable to incremental tax refund and stock tax refund; Third, after the introduction of the New Deal, the general tax refund policy stipulated in the Announcement of the General Administration of Customs of the State Administration of Taxation of the Ministry of Finance on Deepening the Reform of Value-added Tax (No.39 of 219) means that the old policy will continue to be implemented. Compared with the new policy, in addition to meeting these four conditions, the old policy still needs to meet the tax refund threshold requirement of "the incremental tax refund for six consecutive months is greater than zero, and the sixth month is not less than 5, yuan". IV. Calculation of Tax Refund Allowance The first is about stock tax allowance and incremental tax allowance. The allowable refund of tax allowance is calculated on the basis of the balance of tax allowance, which includes incremental tax allowance and stock tax allowance. Stock tax allowance refers to the tax allowance formed by taxpayers before the implementation of the tax refund system. When determining the stock tax allowance, the final tax allowance of the taxpayer at the end of March 219 is the standard value. If the taxpayer's current ending tax allowance is greater than the ending tax allowance at the end of March 219, the end of March 219 will be used as the stock tax allowance. If the taxpayer's current ending tax allowance is less than the ending tax allowance at the end of March 219, the taxpayer's current ending tax allowance will be used as the stock tax allowance. It should be noted that after the one-time refund of the stock tax allowance, the stock tax allowance is zero. Incremental tax allowance refers to the newly increased tax allowance of taxpayers after the implementation of the tax refund system, that is, after April 1, 219. As mentioned above, if the taxpayer's current ending tax allowance is greater than the ending tax allowance at the end of March 219, the increase is the incremental tax allowance. It should be noted that once the taxpayer obtains the stock tax rebate, it is no longer necessary to compare it with the ending tax allowance at the end of March 219, and the ending tax allowance at the current period is the incremental tax allowance. The second is about the provisions on the proportion of input. In order to simplify the operation and reduce the taxpayer's accounting burden, the new tax refund policy does not distinguish between stock tax refund and incremental tax refund, and all set a unified input composition ratio. At the same time, the calculation range is the same as the old policy, and it is uniformly set from April 1, 219 to before applying for tax refund. It should be noted that the fully digitized electronic invoice with the words "special VAT invoice" and the toll road toll VAT electronic ordinary invoice included in the input deduction voucher are added as the numerator of the input composition proportion calculation formula, and this adjustment is also applicable to the old policy that continues to be implemented. The third is about the refundable tax allowance. Multiply the taxpayer's current incremental tax allowance or stock tax allowance by the input proportion, that is, calculate the taxpayer's current refundable incremental tax allowance or stock tax allowance. V. About the time of tax refund application This year's new policy of tax refund, distinguish between increment and stock, focus on key time nodes, and implement step-by-step tax refund. The specific time schedule is as follows: (1) About the incremental tax refund. Eligible small and micro enterprises, manufacturing enterprises and other industries can apply to the competent tax authorities for monthly refund of incremental tax credits from April 222. (2) Tax refund for stock allowance. Micro-enterprises, small enterprises, medium-sized enterprises and large enterprises can apply for refund of the stock tax allowance from April, May, July and October, 222, respectively. Here, the following matters need to be emphasized: first, taxpayers should complete the current VAT tax return before applying for tax refund. Second, the general rule of the application time for tax refund is that taxpayers should apply for tax refund within the VAT tax declaration period; At the same time, considering that this year's tax rebate involves many small and micro enterprises and other market entities, in order to better serve taxpayers, the time for applying for tax rebate from April to June 222 has been extended from the tax declaration period to the last working day of each month. From July 222, the time for applying for tax refund will be restored to the period of VAT tax declaration. Third, the extension of the application time for tax refund from April to June is not only applicable to the new policy introduced this time, but also to the old policy that continues to be implemented. Fourth, there is a certain difference between the application time of stock tax refund and incremental tax refund. In order to avoid unnecessary burden to taxpayers, taxpayers can apply for stock tax refund and incremental tax refund at the same time if the application time is in line with the provisions. For example, in April, 222, micro-enterprises can apply for both stock tax refund and incremental tax refund. Therefore, after completing the current VAT tax return in April, micro-enterprises only need to submit a tax refund application to the competent tax authorities, and they can apply for both stock tax refund and incremental tax refund at the same time. Fifth, the above-mentioned time is the starting time for applying for a one-time stock tax refund. If the taxpayer fails to apply in the current period, it can also apply in the future tax declaration period as required. For example, micro-enterprises can apply for tax refund from the tax declaration period in April 222. If they do not apply in April, they can also apply for tax refund in May and beyond. VI. Linking up with the Policy of Refund on Demand, Refund after Levy (Refund) According to the current regulations, taxpayers cannot apply the policy of tax refund for retention and refund on demand and refund after levy (Refund) at the same time, that is to say, those who have enjoyed the policy of tax refund on demand and refund after levy (Refund) may not apply for tax refund for retention; Those who have obtained the tax refund for tax retention shall not be entitled to refund on demand, refund after collection (refund). After the tax refund for tax retention is strengthened, there may be taxpayers who have previously chosen to enjoy the tax refund on demand and return (refund) after tax collection, hoping to re-choose the tax refund for tax retention; At the same time, some taxpayers did not consider comprehensively when applying for the tax refund, and they also hoped to give them the opportunity to re-choose and enjoy the immediate refund, the first levy and then return (refund). In response to the concerns of the above-mentioned taxpayers, Announcement No.14 clearly stipulates that taxpayers can apply for the policy of VAT refund immediately after collection, and return after collection (refund) in accordance with the regulations after all the tax refunds have been paid back in one lump sum before October 31, 222. Taxpayers who have enjoyed the policy of VAT refund upon collection and refund after collection (refund) since April 1, 219 can apply for refund of the tax credit in accordance with regulations after all the refunded VAT refund upon collection and refund before October 31, 222. What needs to be emphasized here is that, first, taxpayers need to complete the return of all the tax refunded before October 31, 222. Second, the taxpayer must pay back all the remaining tax refund to the warehouse before it can be transferred to the input tax for further deduction; Not all returned to the warehouse, shall not be transferred to continue to deduct. VII. Provisions on the Collection and Management of Tax Refund for Retained Credits When the tax refund system for retained credits was established in 219, the State Administration of Taxation issued the Announcement of State Taxation Administration of The People's Republic of China on Handling Tax Refund for Retained Credits at the End of Value-added Tax (State Taxation Administration of The People's Republic of China Announcement No.2 of 219, hereinafter referred to as Announcement No.2), which clearly stipulated the collection and management matters related to the whole process of tax refund for retained credits, such as application, acceptance, review and refund. The tax refund policy issued this time has not substantially adjusted the current tax refund handling process. In terms of links, the specific provisions are as follows: First, about the taxpayer's application for tax refund. When taxpayers apply for tax refund, they only need to submit an Application Form for Tax Refund (Refund), which can be submitted in person through the Tax Service Office or online through the Electronic Taxation Bureau. According to the new policy, the filling content of the Application Form for Tax Refund (Offset) has been adjusted accordingly, with some columns added and some column descriptions adjusted. At the same time, in order to facilitate taxpayers to apply for tax refund, local electronic tax bureaus have realized the pre-filling function of most data in the Application Form for Tax Refund (Offset), and taxpayers can also modify the pre-filling content according to actual business conditions, and finally confirm it before submitting tax refund applications. The second is about the approval of the tax refund. After accepting the taxpayer's application for tax refund, the tax authorities will review the tax refund according to the regulations and issue the audit results according to different situations. In the first case, the taxpayer meets all the conditions for tax refund, and has not found any risk doubts and unprocessed matters, and is allowed to leave the tax refund. In the second case, if the taxpayer does not meet one or more conditions for tax refund, the tax refund will not be allowed. In the third case, although the taxpayer meets the conditions for tax refund, but there are risk doubts or related unprocessed matters, the tax refund will be suspended, and the related risk doubts will be investigated and the unprocessed matters will be dealt with. After the treatment is completed, the tax refund will be continued according to the regulations. The third is about the link of issuing tax revenue refund book. When the tax authorities make a decision to grant the tax refund, they will issue a refund of tax revenue and send it to the treasury department at the same level. The fourth is about the tax refund link. The treasury department shall, after receiving the tax revenue refund book sent by the tax authorities, conduct the refund examination according to the regulations.