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On the time of VAT tax obligation
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Time and place of VAT liability

1 Provisional Regulations on Value-added Tax in People's Republic of China (PRC) (Order No.538th of the State Council of the People's Republic of China)

Article 19 Time of occurrence of VAT tax obligation:

(1) For the sale of goods or taxable services, it is the day when the sales price is received or the evidence for claiming the sales price is obtained; If the invoice is issued first, it is the day of invoice issuance.

(2) the date of customs declaration and import of the imported goods.

The time when the VAT withholding obligation occurs is the day when the taxpayer's VAT payment obligation occurs.

Article 22 VAT payment place:

(a) fixed business households to the local competent tax authorities to declare and pay taxes. If the head office and branches are not in the same county (city), they shall declare and pay taxes to the competent tax authorities in their respective places; With the approval of the competent financial and tax authorities in the State Council or the financial and tax authorities authorized by them, the head office can report and pay taxes to the competent tax authorities where the head office is located.

(2) Fixed business households selling goods or taxable services in other counties (cities) shall apply to the competent tax authorities where their institutions are located for issuing tax management certificates for overseas business activities, and report and pay taxes to the competent tax authorities where their institutions are located; If no certificate is issued, it shall report and pay taxes to the competent tax authorities at the place of sale or where the labor service occurs; Failing to declare and pay taxes to the competent tax authorities in the place where the sales or services occur, the competent tax authorities in the place where the institution is located shall pay taxes.

(3) Non-fixed business households selling goods or taxable services shall report and pay taxes to the competent tax authorities in the place where the goods are sold or where the services occur; Failing to declare and pay taxes to the competent tax authorities in the place where the sales or services occur, the tax shall be paid by the competent tax authorities in the place where the institution is located or where it lives.

(4) Imported goods shall be declared and paid to the customs at the place of declaration.

Withholding agents shall report and pay the tax withheld to the competent tax authorities at the place where their institutions are located or where they reside.

2 "Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-added Tax" (Decree No.2004 of the Provisional Regulations of People's Republic of China (PRC) Municipality on Value-added Tax). DecreeNo. fiftieth of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) and Ministry of Finance)

Article 38 According to Item (1) of Paragraph 1 of Article 19 of the Regulations, on the date of receiving the sales payment or obtaining the certificate for claiming the sales payment, according to different sales settlement methods, the details are as follows:

(a) the sale of goods by direct payment, whether the goods are sent or not, shall be based on the day when the sales money is received or the evidence claiming the sales money is obtained;

Tax office reminder-According to People's Republic of China (PRC) State Taxation Administration of The People's Republic of China Announcement No.20 1 "Announcement of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Issues Related to the Occurrence Time of Value-added Tax Obligation", since August of 20 1,1,the goods have been sold by direct collection, and the goods have been transferred to the other party and the estimated sales revenue has been recorded, but neither the sales amount nor the sales amount has been issued.

(2) Goods sold by means of collection and acceptance or entrusted bank collection shall be the day when the goods are sent out and the collection procedures are completed;

(3) In the case of credit sale or installment payment, the payment date agreed in the written contract shall prevail; If there is no written contract or a written contract does not stipulate the date of payment, it shall be the date of delivery of the goods;

(4) If the goods are sold by prepaid payment, it is the day when the goods are delivered, but the production and sales of large machinery and equipment, ships, airplanes and other goods with a production period of more than 12 months are completed, and it is the day when the prepayment or the payment date agreed in the written contract is received;

(5) Entrusting other taxpayers to sell goods on a consignment basis is the day when the consignment list of the consignment unit is received or all or part of the payment is received. If the consignment list and payment are not received, the consignment goods will be issued 180 days;

(6) The sale of taxable services refers to the day when the services are provided and the sales amount is received or the evidence for claiming the sales amount is obtained;

(7) Where a taxpayer sells the goods listed in Items (3) to (8) of Article 4 of these Rules, it shall be regarded as sales, and it shall be the date of goods transfer.

3. Measures for the implementation of the pilot reform of the camp-Cai Shui (2016) No.36

Article 45 The occurrence time of VAT tax obligation and withholding obligation is:

(1) The day when the taxpayer conducts taxable activities and receives the sales payment or obtains the voucher for claiming the sales payment; If the invoice is issued first, it is the day of invoice issuance.

Sales revenue refers to the money received by taxpayers during or after the sale of labor services, intangible assets and real estate.

The date of obtaining the sales payment voucher refers to the payment date determined in the written contract; If a written contract is not signed or the date of payment is not determined in the written contract, it is the date when the transfer of labor services and intangible assets is completed or the ownership of real estate is changed.

(2) If a taxpayer provides construction services or lease services in the form of advance payment, the time of tax payment obligation shall be the day when the advance payment is received. Tax office prompt-Caishui [2065438+07] No.58 has deleted the construction service and changed it into prepayment obligation.

(3) If the taxpayer is engaged in the transfer of financial commodities, it is the day when the ownership of financial commodities is transferred.

(4) Under the circumstances as stipulated in Article 14 of these Measures, the taxpayer's tax obligation occurs on the day when the transfer of labor services and intangible assets is completed or the ownership of real estate is changed.

(5) The time when the VAT withholding obligation occurs is the day when the taxpayer's VAT payment obligation occurs.

Article 46 The place where VAT is paid is:

(1) Fixed business households shall report and pay taxes to the competent tax authorities where their institutions are located or where they live. If the head office and branches are not in the same county (city), they shall declare and pay taxes to the competent tax authorities in their respective places; With the approval of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China or its authorized financial and tax authorities, the head office may report and pay taxes to the competent tax authorities where the head office is located.

(2) Non-fixed business households report and pay taxes to the competent tax authorities in the place where the taxable behavior occurs; If the tax is not declared, the tax shall be paid by the competent tax authorities at the place where the institution is located or where it is domiciled.

(3) Where other individuals provide construction services, sell or lease real estate, or transfer the right to use natural resources, they shall report and pay taxes to the competent tax authorities where the construction services occur, the real estate is located, and the natural resources are located.

(4) Withholding agents shall report and pay the tax withheld to the competent tax authorities where their institutions are located or where they reside.