When the equity is transferred to an individual, tax can be paid in the following ways: generally, the balance of the property transfer income after deducting the original value of the property and reasonable expenses is the taxable income, and personal income tax is paid at the rate of 20%. Corporate income tax, stamp duty and deed tax shall be paid for the transfer of equity to the company.
Legal objectivity:
Individual Income Tax Law of the People's Republic of China
essay
Personal income tax rate:
(1) For comprehensive income, the excess progressive tax rate of 3% to 45% is applicable (the tax rate table is attached);
(2) For operating income, the excess progressive tax rate of 5% to 35% shall apply (the tax rate table is attached);
(3) Income from interest, dividends and bonuses, income from property leasing, income from property transfer and accidental income shall be subject to the proportional tax rate of 20%.
Individual Income Tax Law of the People's Republic of China
Article 12
Taxpayers obtain business income, calculate individual income tax annually, and submit tax returns to the tax authorities within 15 days after the end of each month or quarter, and pay taxes in advance;
The income shall be settled before March 3 1 of the following year.
Taxpayers' income from interest, dividends and bonuses, income from property leasing, income from property transfer and accidental income shall be calculated on a monthly or quarterly basis. If there is a withholding agent, the withholding agent shall withhold and pay taxes on a monthly or quarterly basis.
Measures for the Administration of Individual Income Tax on Equity Transfer (for Trial Implementation)
Article 4
When an individual transfers equity, the taxable income shall be the balance of the equity transfer income after deducting the original value and reasonable expenses, and personal income tax shall be paid according to the "property transfer income".
Reasonable expenses refer to the relevant taxes and fees paid in accordance with the regulations when the equity is transferred.
People's Republic of China (PRC) tax collection management law
Article 62
Taxpayers fail to file tax returns and submit tax information within the prescribed time limit, or withholding agents fail to submit tax withholding and collecting reports and relevant materials to the tax authorities within the prescribed time limit, and the tax authorities shall order them to make corrections within a time limit and may impose a fine of less than 2,000 yuan;
If the circumstances are serious, a fine of not less than two thousand yuan but not more than ten thousand yuan may be imposed.