When defining the meaning of fixed assets, both the tax law and the accounting system stipulate that the taxpayer's fixed assets refer to: (1) houses, buildings, machines, machinery, means of transport and other equipment, appliances and tools related to production and operation; (2) Items that are not the main equipment for production and operation, with a unit value of more than 2,000 yuan and a service life of more than 2 years should also be regarded as fixed assets. Fixed assets are important assets of enterprises. Once purchased and built, they are usually not easy to handle. In recent years, the Ministry of Finance and State Taxation Administration of The People's Republic of China issued a series of regulations on the disposal of fixed assets, which, together with the original provisions of the 94 tax reform, basically standardized the tax-related treatment issues, which are briefly summarized as follows.
I. value-added tax
Notice of Finance and Taxation [2002] No.29 issued by the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on March 13, 2002 stipulates: 1. Taxpayers sell second-hand goods (including second-hand goods sold by second-hand business units and taxable fixed assets for taxpayers' own use), whether it is a general VAT taxpayer or a small-scale taxpayer, or whether it is an approved second-hand commodity adjustment pilot unit. 2. Taxpayers selling used motor vehicles, motorcycles and yachts for which consumption tax is levied, if the price exceeds the original value, the value-added tax shall be levied at a reduced rate of 4%. If the selling price does not exceed the original value, the value-added tax shall be exempted. Business units selling used motor vehicles, motorcycles and yachts shall be subject to VAT at a reduced rate of 4%.
Second, business tax.
1, selling real estate. Refers to the paid transfer of real estate ownership, including the sale of buildings or structures and the sale of other land attachments. It stipulates: ① When the land use right occupied by real estate is transferred together, business tax shall be levied according to the sales of real estate. (2) Business tax is not levied on the behavior of investing in shares with real estate, participating in profit distribution and sharing investment risks. (3) Giving real estate to others for free is regarded as selling real estate and business tax is levied. ④ Implement the business tax rate of 5%.
2. Operating financial leasing business. Turnover is the balance after deducting the actual cost of the leased goods borne by the lessor from the total price and extra-price expenses (including salvage value) charged to the lessee. The actual cost of the leased goods includes the purchase price of the goods, customs duties, value-added tax, consumption tax, transportation and miscellaneous fees, installation fees, insurance premiums and interest expenses on overseas foreign exchange loans. The business tax rate is 5%.
Third, property tax.
The Provisional Regulations of People's Republic of China (PRC) Property Tax stipulates that the rental income of real estate is the tax basis of property tax, including monetary income and physical income. If the rental income is paid in the form of labor services or other forms, the standard amount of rent shall be determined with reference to the local rent level of similar real estate. The tax rate is 12%. From 2006, 5438+0, 1, 1, public housing and low-rent housing, including self-owned housing rented to employees by enterprises and self-supporting institutions, are temporarily exempt from property tax.
Four. contract tax
The tax object of deed tax is the ownership of land and houses transferred within China. Specifically, it includes the transfer of state-owned land use rights, the transfer of land use rights, the sale of houses, the donation of houses and the exchange of houses. The deed tax rate is 3% ~ 5%, which is based on the property price and collected by the financial department. However, the special situation in enterprise restructuring is as follows: 1, corporate system reform. (1) No deed tax shall be levied on corporate enterprises that do not change the investment subject and the proportion of capital contribution after reconstruction and bear the ownership of the original enterprise's land and houses. (2) A joint stock limited company independently initiated and established shall be exempted from deed tax if it undertakes the ownership of the land and houses of the promoters. (3) State-owned and collective enterprises are transformed into limited liability companies or joint stock limited companies with full shareholding, and the land and housing ownership of the original enterprises are exempted from deed tax. 2. In business combination, the newly established party or the surviving party shall assume the ownership of the land and house of the dissolved party. If all parties are the same investor before the merger, no deed tax will be levied, and the rest will be levied. 3. Separation of enterprises. When the enterprise is divided, if the derivative party and the newly established party bear the ownership of the original enterprise land and house, no deed tax will be levied. 4. Equity restructuring. In the transfer of equity, units and individuals bear the equity of enterprises, and the ownership of land and houses of enterprises is not transferred, and deed tax is not levied; In the process of capital increase and share expansion, the deed tax is levied on the ownership of land and houses as shares or as a contribution to the enterprise. 5. Enterprise goes bankrupt. During the bankruptcy liquidation of an enterprise, if creditors (including employees of bankrupt enterprises) obtain the ownership of land and houses of bankrupt enterprises to pay off debts, they shall be exempted from deed tax; Non-creditors levy deed tax on the ownership of land and houses of bankrupt enterprises.
Verb (abbreviation of verb) stamp duty
Stamp duty is a tax levied on units and individuals who set up, use and receive legally effective certificates in economic activities and economic exchanges. The stamp duty involved in the disposal of fixed assets is: 1, and the tax rate for purchase and sale contracts is three ten thousandths. 2. For property lease contracts, the tax rate is one thousandth.
Intransitive verb enterprise income tax
The problem of enterprise income tax involved in the disposal of fixed assets by enterprises is more complicated, because the accounting system has formulated a set of accounting methods based on the prudent principle of timely resolving business risks and steady operation; Based on the principle of historical cost and the principle of income-cost ratio, the tax law has also formulated corresponding tax treatment methods. Because of their different starting points, there are also some differences in specific treatment. Only equity investment and debt restructuring are analyzed here.
1, fixed assets equity investment business. The Notice of State Taxation Administration of The People's Republic of China on Some Income Tax Issues Concerning Enterprise's Equity Investment Business (Guo Shui Fa [2000]1KLOC-0/8) stipulates that if an enterprise invests abroad with some non-monetary assets obtained from its business activities, including corporate shareholders of a joint-stock company buying shares from a joint-stock company with some non-monetary assets obtained from its business activities, when an investment transaction occurs, income tax shall be paid on two economic businesses related to non-monetary assets and investment respectively. If the amount of the above-mentioned assets transfer is relatively large, that is, the above-mentioned income incurred by the taxpayer in a tax year accounts for 50% or more of the taxable income, it can be used as deferred revenue, and the taxable income of each year will be evenly spread in the current period and not more than five tax years thereafter.