To apply for a loan in a bank, you need to pay a certain loan interest every month and every year according to the loan interest rate. Especially for corporate loans, the amount of loans generally applied for is large, and the loan interest will be more. Many borrowers have asked, can bank loan interest be deducted by opening a special ticket? Can bank loan interest be deducted before tax?
Can bank loan interest be deducted by special ticket? According to the regulations, the bank's loan interest can be used to issue special invoices for value-added tax, but such special invoices cannot be deducted from taxes. It is stipulated in detail that the interest paid for loan services accepted by enterprises and the investment consulting fees, handling fees and consulting fees directly related to loans shall not be deducted from the input tax. The bank's loan interest is essentially a loan service and cannot be deducted by special votes. Except for bank interest, the purchased passenger services, catering services, daily services of residents and entertainment services are not deductible for input tax. Expenses unrelated to loan business, such as account opening fees and account management fees paid by banks, are directly collected financial services, and can obtain special invoices for value-added tax, and can be deducted from input tax according to regulations. Can bank loan interest be deducted before tax? If the enterprise has obtained the interest invoice, it can be deducted if it does not exceed the loan interest rate for the same period. However, not all bank loan interest can be deducted before tax. For example, if an enterprise obtains an irregular invoice, it cannot be deducted before tax if it fails to obtain the invoice. Corporate bank loans are obtained through the guarantee of related parties, and the debt ratio exceeds the standard, which cannot be deducted before tax. The above is "Can the bank loan interest be deducted with a special ticket?" I hope I can help you!
2. Can a special VAT invoice be issued for loan interest?
Legal analysis: bank loan interest cannot be invoiced for special value-added tax.
According to Article 27 of the Measures for the Implementation of the Pilot Reform of Business Tax to VAT (Cai 1 Measures for the Implementation of the Pilot Reform of Business Tax to VAT), the input tax amount of the following items shall not be deducted from the output tax amount:
(1) Purchase and purchase services, intangible assets and real estate with goods, goods exempted from VAT, collective welfare or personal consumption. Among them, intangible assets and real estate only refer to fixed assets and intangible assets dedicated to the above projects (excluding. Taxpayers' social and entertainment consumption belongs to personal consumption.
(two) abnormal loss of purchased goods, and related processing, repair and replacement services and transportation services.
(3) Goods purchased (excluding fixed assets), processing and repair services and transportation services consumed by products in process and finished products with abnormal losses.
(four) the abnormal loss of real estate, as well as the commodity procurement, design services and construction services consumed by the real estate.
(5) Goods procurement, design services and construction services. Real estate newly built, rebuilt, expanded, repaired and renovated by taxpayers is not
(six) the purchase of passenger services, loan services, catering services, residents' daily services and entertainment services.
(seven) other circumstances stipulated by the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China.
Sales of goods or services (hereinafter referred to as services), services, intangible assets, real estate and imported goods within the territory of People's Republic of China (PRC) shall be subject to value-added tax in accordance with the provisions of Article 1 of the Provisional Regulations.
3. Can a special VAT invoice be issued for bank loan interest?
The special VAT ticket for loan interest issued by the bank shall not be deducted.
The loan interest, investment and financing consulting fees, handling fees, consulting fees and other expenses directly related to loans paid by taxpayers to lenders when accepting loan services shall not be deducted from the output tax.
According to Caishui [2065438+06] No.36 Annex 1 Financial Services Bill, the fees paid by banks that have nothing to do with loan business are directly charged financial services, and special invoices for value-added tax can be issued, and the input tax can be deducted according to regulations.
Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on Promoting the Pilot Work of Changing Business Tax to VAT (Caishui [20 1 6] No.36): Annex1Implementation Measures for the Pilot Work of Changing Business Tax to VAT;
Article 27 The input tax of the following items shall not be deducted from the output tax:
(1) Goods purchased, processing, repair and replacement services, services, intangible assets and real estate used for simple taxable items, items exempted from value-added tax, collective welfare or personal consumption. The fixed assets, intangible assets and real estate involved only refer to the fixed assets, intangible assets (excluding other equity intangible assets) and real estate dedicated to the above projects.
Taxpayers' social and entertainment consumption belongs to personal consumption.
(two) abnormal loss of purchased goods, and related processing, repair and replacement services and transportation services.
(3) Goods purchased (excluding fixed assets), processing and repair services and transportation services consumed by products in process and finished products with abnormal losses.
(four) the abnormal loss of real estate, as well as the commodity procurement, design services and construction services consumed by the real estate.
(5) Goods purchased, design services and construction services consumed by the real estate under construction with abnormal losses.
Taxpayers' newly built, rebuilt, expanded, repaired and renovated real estates are all real estate projects under construction.
(six) the purchase of passenger services, loan services, catering services, residents' daily services and entertainment services.