1. VAT and business tax. According to the relevant provisions of the current value-added tax and business tax, the assets sold by the lessee in the financial sale and leaseback business are not within the scope of value-added tax and business tax collection, and are not subject to value-added tax and business tax (the lessee cannot issue sales invoices to the lessor, and the lessor in the business must be an enterprise approved to engage in financial leasing business, specifically the financial leasing company licensed by the China Banking Regulatory Commission and the foreign-invested leasing company licensed by the Ministry of Commerce. Moreover, there is no value-added tax and business tax only applicable to the lessee, and the lessor still has to pay business tax. If it belongs to the leasing company in the pilot area of "VAT reform", it can also issue a special VAT invoice for the interest received, and the lessee can deduct the input tax. As the current "VAT reform" tax policy is not clear about the financial leasing business, it will not be repeated here).
2. Enterprise income tax. According to the current enterprise income tax law and related income determination regulations, in the financing sale and leaseback business, the assets sold by the lessee are not recognized as sales income, and the depreciation of the financial leased assets is still based on the original book value of the lessee before the sale as the tax basis. It meets the requirements of tax law and does not need to be adjusted. When the present value of the minimum lease payment is greater than the fair value, there is no tax and accounting difference in asset depreciation; Otherwise, there will be differences. During the lease period, the part of financing interest paid by the lessee is required to be deducted before tax as the financial expenses of the enterprise in the lease period. The unconfirmed financing expenses allocated in the annual accounting and financial expenses need to be adjusted accordingly, and those with more records need to be increased and those with less records need to be reduced, while the unrealized profit and loss of the allocated after-sale leaseback need not be adjusted.
Specific Provisions of State Taxation Administration of The People's Republic of China on the decals of loan contracts (1988) No.30 IV of the State Administration of Taxation Di Zi. On the decal of financial lease contract. The financial leasing business operated by banks and their financial institutions is a kind of business that achieves the purpose of financing by melting things. In fact, this is a fixed capital loan that is repaid in installments. Therefore, for the financial lease contract, according to the total rent contained in the contract, the stamp can be temporarily applied according to the "loan contract".