How to deal with tax in financing sale and leaseback business?
Excuse me, if the lessee only signs a sale and leaseback agreement with an enterprise engaged in financial leasing business, but fails to issue a sales invoice to the financial leasing company after obtaining the money, does it meet the requirements of the above documents if the lessee does not pay enterprise income tax, value-added tax and business tax? Reply: Hello, the tax consultation question you submitted on the website of our bank has been received, and the brief reply to the information you provided is as follows: According to the Announcement of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Tax Issues Related to the Sale of Assets by Lessees in Financing Sale and Lease-back Business (State Taxation Administration of The People's Republic of China AnnouncementNo. 10), "Financing sale and leaseback business refers to the sale of assets by lessees for financing purposes, the ownership of assets and. "According to the relevant provisions of the current value-added tax and business tax, the lessee's sale of assets in the financing sale and leaseback business does not fall within the scope of value-added tax and business tax collection, and value-added tax and business tax are not levied." Therefore, the sale and leaseback agreement is not the only condition to judge whether it belongs to the financing sale and leaseback business. Only when it has the essence of financing, sale and leaseback business can it be exempted from value-added tax and business tax according to regulations. In addition, according to the current enterprise income tax law and related income recognition regulations, in the financing sale and leaseback business, the lessee's sale of assets is not recognized as sales income, so there is no obligation to pay enterprise income tax. People's Republic of China (PRC) State Taxation Administration of The People's Republic of China 2011/0119