Legal analysis: 20%. Deduct 1000 yuan before tax every month, which can only be deducted for 20 years at most. If a taxpayer or his spouse uses a personal housing loan from a commercial bank or housing provident fund alone or together to purchase a house in China for himself or his spouse, the interest expenses incurred on the first housing loan shall be deducted according to the standard quota of 1000 yuan per month in the year when the loan interest actually occurs, and the maximum deduction period shall not exceed 240 months. Individual residents who have obtained comprehensive income (including income from wages and salaries, income from remuneration for labor services, income from royalties) and did not enjoy the special additional deduction of the first set of housing loan interest when paying personal income tax in advance can fill in relevant information and apply for tax refund when making final settlement. The interest expense of the first home loan of individual residents can be deducted from the total income for one year12000 (1000×12), and the pre-tax deduction can be enjoyed if the relevant information is not provided in the pre-payment salary tax stage; Or taxpayers who have no income from wages and salaries, but have other comprehensive income, such as income from labor remuneration, income from royalties, cannot enjoy pre-tax deduction at the stage of paying taxes in advance. When making final settlement, they can enjoy pre-tax deduction by filling in relevant information.
Legal basis: Article 3 of the Individual Income Tax Law of the People's Republic of China, the tax rate of individual income tax:
(1) For comprehensive income, an excess progressive tax rate of 3% to 45% shall apply (the tax rate table is attached);
(2) For operating income, an excess progressive tax rate of 5% to 35% shall apply (the tax rate table is attached);
(3) Income from interest, dividends and bonuses, income from property leasing, income from property transfer and accidental income shall be subject to a proportional tax rate of 20%.
How to deduct the mortgage interest deduction ratio?
There are two main forms of deduction.
Lawyer analysis:
There are two main forms of deduction for mortgage deduction.
The first one is that both husband and wife participate in the real estate loan repayment, and both parties deduct 50% respectively.
The second is that either husband or wife repays the loan, and the personal deduction is 100%.
In the column of spouse information, if no spouse is selected, the personal deduction ratio defaults to 100%. If you choose to have a spouse, you need to add spouse information.
At this time, both husband and wife need to negotiate. If only one party meets the tax deduction standard, then one person can deduct 100%, and select "No" in the deduction ratio option.
If both of them meet the deduction standard, then choose "Yes" in the deduction ratio, so that both husband and wife will deduct 50% respectively.
Legal basis:
Article 14 of the Interim Measures for Special Additional Deduction of Individual Income Tax
If a taxpayer or his spouse uses a personal housing loan from a commercial bank or housing provident fund alone or together to purchase a house in China for himself or his spouse, the interest expenses incurred on the first housing loan shall be deducted according to the standard quota of 1000 yuan per month in the year when the loan interest actually occurs, and the maximum deduction period shall not exceed 240 months. Taxpayers can only enjoy the interest deduction of the first home loan once. The term "first home loan" as mentioned in these Measures refers to the housing loan that enjoys the interest rate of the first home loan when buying a house.
Article 15
Upon the agreement of both husband and wife, one of them can choose to deduct it, and the specific deduction method cannot be changed within a tax year. For the first set of housing loans that occurred when the husband and wife bought houses separately before marriage, they can choose one set of houses purchased after marriage, which will be deducted by the buyer according to 100% of the deduction standard, or by both husband and wife according to 50% of the deduction standard, and the specific deduction method cannot be changed within a tax year.
Personal income tax housing loan interest deduction ratio
The specific proportion of personal income tax deduction for housing loan interest is: before marriage, the interest expenses of housing loans for husband and wife are deducted separately, and one of them can be deducted by the buyer 100% after marriage, or both husband and wife can deduct 50% of their respective houses according to the deduction standard. Article 9 of the Individual Income Tax Law stipulates that the individual income tax shall be paid by the taxpayer and the unit or individual who pays the income shall be the withholding agent. If the taxpayer has a China citizenship number, the China citizenship number shall be the taxpayer identification number; If a taxpayer does not have a China citizenship number, the tax authorities shall give it a taxpayer identification number. When a withholding agent withholds tax, the taxpayer shall provide the withholding agent with the taxpayer identification number.
Housing loan interest deduction standard
Personal income tax housing loan interest deduction refers to one of the special additional deductions for personal income tax. The first set of housing loan interest expenses incurred shall be deducted according to the standard quota of 1000 yuan per month in the year when the loan interest actually occurs, and the maximum deduction period shall not exceed 240 months.
The taxpayer or his spouse alone or * * * with the use of commercial banks or housing provident fund personal housing loans for himself or his spouse to buy housing in China, the first set of housing loan interest expenses; In the year when the loan interest actually occurs, it shall be deducted according to the standard quota of 1000 yuan per month, and the maximum deduction period shall not exceed 240 months. Taxpayers can only enjoy the interest deduction of the first home loan once.
What is the standard for special additional deduction of housing loan interest?
There are many types. The first type: when a taxpayer or his spouse purchases a house in China for himself or her by using a personal housing loan from a commercial bank or housing accumulation fund alone or together, the interest expense of the first housing loan (the house that enjoys the interest rate of the first housing loan when buying a house) can be deducted at a fixed rate of 1000 yuan per month during the loan repayment period, and the maximum deduction period can not exceed 240 months. Taxpayers can only enjoy the first set of housing loan interest deduction once;
The second type: after the agreement of both husband and wife, one of them can choose to deduct it, and the specific deduction method cannot be changed within a tax year; The third type: for the first set of housing loans incurred when the husband and wife buy houses separately before marriage, they can choose one set of houses purchased after marriage, which will be deducted by the buyer according to 100% of the deduction standard, or both parties can deduct the houses purchased separately according to 50% of the deduction standard, and the specific deduction method cannot be changed within a tax year; Taxpayers should keep the housing loan contract at the same time, and the loan repayment voucher.
Mortgage deduction special tax deduction ratio
Legal analysis: the special deduction standard for personal income tax mortgage is 50%.
Taxpayers can only enjoy the interest deduction of the first home loan once. The term "first home loan" as mentioned in these Measures refers to the housing loan that enjoys the interest rate of the first home loan when buying a house. Upon the agreement of both husband and wife, one of them can choose to deduct it, and the specific deduction method cannot be changed within a tax year. Calculation of taxable income:
(1) For the comprehensive income of individual residents, the taxable income shall be the balance after deducting expenses of 60,000 yuan from the income in each tax year and special deductions, special additional deductions and other deductions determined according to law.
(2) For the income from wages and salaries of non-resident individuals, the taxable income shall be the balance after deducting expenses of 5,000 yuan from the monthly income; Income from remuneration for labor services, remuneration for manuscripts and royalties shall be taxable.
(3) For operating income, the taxable income shall be the balance after deducting costs, expenses and losses from the total income in each tax year.
(4) If the income from property leasing does not exceed 4,000 yuan each time, the expenses shall be reduced by 800 yuan; If it is more than 4,000 yuan, 20% of the expenses shall be deducted, and the balance shall be taxable income.
(5) For the income from the transfer of property, the taxable income shall be the balance after deducting the original value of the property and reasonable expenses from the income from the transfer of property.
(six) interest, dividends, bonus income and accidental income, with the amount of income for each taxable income.
Legal basis: Measures for the Administration of Individual Housing Loans
Article 7 A borrower shall directly apply to the lender for a loan. The lender shall give a formal reply to the borrower within three weeks from the date of receiving the loan application and the materials that meet the requirements. After reviewing the cover of the same draft, the lender shall issue housing loans to the borrower in accordance with the relevant provisions of the General Rules for Loans.
Article 8 The amount of loans granted by the lender shall not be greater than the value of the house to be purchased as assessed by the real estate appraisal agency.
Article 9 If an applicant applies for using a housing provident fund loan to purchase a house, after the loan application is approved, the lender will transfer the funds to the account opened by the selling unit in the bank by means of transfer according to the time specified in the loan contract. The maximum amount of housing provident fund loans shall not exceed 2 times the amount of housing provident fund paid by the borrowing family members within the retirement age.
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Special deduction standard for personal income tax mortgage
The personal income tax deduction standard for housing loans is 1000 yuan/month. You can choose to deduct 100% by yourself or 50% by your spouse. Deduction standard: RMB 1000 per month, which can be deducted according to the ratio of the principal lender 100%, or it can be deducted by both husband and wife in half, with 50% deducted each. The special additional deduction of personal income tax refers to six special additional deductions such as children's education, continuing education, serious illness medical treatment, housing loan interest or housing rent, and supporting the elderly as stipulated in the personal income tax law.
legal ground
Article 2 of the Individual Income Tax Law of the People's Republic of China shall be subject to individual income tax:
(1) Income from wages and salaries;
(2) Income from remuneration for labor services;
(3) Income from remuneration;
(4) Income from royalties;
(5) Operating income;
(6) Income from interest, dividends and bonuses;
(7) Income from property lease;
(8) Income from property transfer;
(9) Accidental income.
Individual income tax shall be calculated on a consolidated basis according to the tax year when individual residents obtain income from items 1 to 4 of the preceding paragraph (hereinafter referred to as comprehensive income); Non-resident individuals who obtain income from items 1 to 4 of the preceding paragraph shall calculate individual income tax on a monthly basis or by sub-item. Taxpayers who obtain income from items 5 to 9 of the preceding paragraph shall calculate individual income tax separately in accordance with the provisions of this law.