Stamp duty is a kind of tax levied on the act of signing books and obtaining legally effective certificates in economic activities and economic exchanges. It is named after the use of stamping on taxable documents as a tax payment symbol. Taxpayers of stamp duty include enterprises, administrative units, institutions, military units, social organizations, other units, individual industrial and commercial households and other individuals established in China and receiving prescribed economic vouchers.
1. According to the announcement number, the Ministry of Finance, State Taxation Administration of The People's Republic of China10 In 2022, small-scale taxpayers, small-scale low-profit enterprises and individual industrial and commercial households will be levied stamp duty by half. It should be noted that stamp duty on securities transactions is not included.
2. Stamp duty on "fund account book" will be levied by half from June 30, 2022 to1October 65438, that is, stamp duty will be calculated at the rate of 0.25‰.
It should be noted here that the stamp duty rate of "fund account book" will remain unchanged from July 1 2022, but the statutory tax rate of "fund account book" will be 0.25‰ from July 1 2022. Because the Stamp Tax Law of People's Republic of China (PRC) will be officially implemented on July 1 2022.
What is the scope of stamp duty?
The scope of stamp duty is all kinds of taxable documents written or received in China. The stamp duty project reflects this. Those included in the tax items belong to the scope of taxation, and those not included are not taxed. Specifically, it includes the following contents:
(1) Various contracts or documents of a contractual nature. Including purchase and sale, processing contracts, construction contracts, property leasing, cargo transportation, warehousing, loans, property insurance, technology contracts or other documents with contractual nature. Documents with contractual nature refer to agreements, contracts, contracts, documents, confirmations and other documents of various names.
(2) Transfer of property rights. It refers to the written evidence of the sale, inheritance, gift, exchange and division of property rights of units and individuals. Specifically, it includes transfer documents such as property ownership, copyright, trademark right, patent right and proprietary technology right.
In addition, the land use right transfer contract, land use right transfer contract and commercial housing sales contract are subject to stamp duty according to the transfer of property rights.
(3) Business books. Refers to the financial accounting books of units or individuals that record production and business activities. Business account books can be divided into account books for recording funds and other account books according to their contents. The account book for recording funds refers to the general classification of account books containing the original value of fixed assets and its own liquidity, or a specially set account book for recording the original value of fixed assets and its own liquidity. Other account books refer to account books other than the above account books, including diary account books and various detailed classification of books.
(4) Rights and licenses. Including housing property certificate, business license, trademark registration certificate, patent certificate and land use certificate issued by government departments.
(5) Other tax vouchers determined by the Ministry of Finance. Such as various taxable vouchers signed by taxpayers in electronic form.
According to the principle of territoriality of tax jurisdiction, the scope of stamp duty is not limited to vouchers established and collected in China, but also includes vouchers established and collected abroad but used in China, which have legal effect in China and are protected by China laws.
To sum up, according to the relevant laws and regulations of our country, stamp duty should be paid attention to even if it is a small tax, and the tax payable should be paid.
According to Article 13 of the Stamp Tax Law of People's Republic of China (PRC) (Decree No.89 of the President) (implemented on July 1 2022), if a taxpayer is a unit, it shall report and pay stamp duty to the competent tax authorities where its institution is located; If the taxpayer is an individual, it shall report and pay stamp duty to the competent tax authorities where the taxable certificate is located or where the taxpayer lives.
Article 15 The obligation to pay stamp duty occurs on the day when taxpayers issue taxable vouchers or complete securities transactions.
The withholding obligation of stamp duty on securities transactions occurs on the date of completion of securities transactions.