Can personal charitable donations be deducted from personal income tax? Can reduce the taxable income
The Regulations for the Implementation of the Individual Income Tax Law stipulates that individuals can deduct their income from their taxable income if the amount of donations they make to education and other public welfare undertakings, as well as areas suffering from serious natural disasters and poverty-stricken areas through social organizations and state organs in China.
The following policies are specifically aimed at the Wenchuan earthquake:
1. Donations made by individuals to the disaster-stricken areas through withholding units shall be deducted by withholding units according to the facts when withholding taxes, based on the summary donation credentials issued by * * * organs or non-profit organizations and the detailed list of individual donations recorded by withholding units.
Second, individuals directly through the * * * organs, non-profit organizations, donations to the disaster areas, tax withholding, the donor should promptly show the withholding unit the donation credentials issued by the * * * organs, non-profit organizations, and the withholding unit will deduct the tax according to the facts; If an individual declares and pays taxes by himself, the tax authorities shall deduct it according to the facts according to law on the basis of the receipt of donations issued by the * * * organs and non-profit organizations.
Three, withholding units in the tax authorities to declare the full withholding of individual income tax, should be submitted together by the * * * organs or non-profit organizations issued a summary of the receipt of donations (photocopies), the unit of each taxpayer's total donation and the current deduction of donations.
Four, the tax authorities at all levels should be in the spirit of encouraging taxpayers to donate, while strengthening the management of donation deduction, widely publicize the policies, methods and procedures of donation deduction through various media, and provide high-quality tax payment services to facilitate the specific operation of withholding units and taxpayers.
The salary is 5000 yuan, and the donation to the Red Cross Society is 500 yuan. If the personal income tax is calculated, the donation of 500 yuan for public welfare can be fully deducted within 30%.
Tax payable: (5000-500-3500)*3%=30.
Can donations to the Red Cross be tax deductible? Donations to local Red Cross societies are not tax deductible.
The files of Notice of the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs on Relevant Issues Concerning Pre-tax Deduction of Public Welfare Donations (Caishui [2008] 160) and Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Relevant Issues Concerning Pre-tax Deduction of Public Welfare Donations through Public Welfare Mass Organizations (Caishui [2009] 124) respectively regulate whether it is necessary to register associations to distinguish between different situations. No matter according to the Regulations on the Administration of Foundations and the Regulations on the Registration of Social Organizations released by the State Council, public welfare social organizations such as foundations and charitable organizations that are legally registered by the civil affairs departments (hereinafter referred to as social organizations that need to be registered), people's organizations that do not need to register according to the Regulations on the Registration of Social Organizations, and social organizations that are exempted from registration with the approval of the State Council (hereinafter referred to as mass organizations that do not need to be registered) need to meet certain conditions.
Social organizations that need to be registered must meet the following conditions:
(1) It meets the conditions stipulated in Items (1) to (8) of Article 52 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China;
(2) It has not been subjected to administrative punishment within 3 years before the application;
(3) If the foundation has been registered in the civil affairs department for more than 3 years (including 3 years) according to law, it shall pass the annual inspection for 2 consecutive years before the application, or pass the annual inspection in recent 1 year, and the evaluation grade of social organizations is above 3A (including 3A), and it shall be registered for less than 3 years 1 year (including 1 year) before the application.
(4) Public welfare social organizations (excluding foundations) have been registered in the civil affairs department for more than 3 years according to law, their net assets are not less than the amount of registered activity funds, they have passed the annual inspection for 2 consecutive years before application, or they have passed the annual inspection of recent 1 year and the evaluation grade of social organizations is above 3A (including 3A), and their annual expenditures for public welfare activities for 3 consecutive years before application are not less than 70% (including 70%) of the total income of the previous year.
The term "passing the annual inspection" as mentioned in the preceding paragraph refers to the conclusion that the civil affairs department has passed the annual inspection of foundations and public welfare social organizations (excluding foundations); The rating of social organizations above 3A (including 3A) means that social organizations are rated as 3A, 4A and 5A in the social organization evaluation led by the civil affairs department, and the evaluation results are within the validity period.
Mass organizations that do not need to be registered shall meet the following conditions:
(1) It meets the conditions stipulated in Items (1) to (8) of Article 52 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China;
(two) the organization departments at or above the county level directly manage their organization;
(3) separately accounting for the income received from donations and the expenditures made from donations, and the proportion of expenditures for public welfare in the total income received from donations for three consecutive years before the application is not less than 70%.
Eligible public welfare social organizations are eligible for pre-tax deduction only after the qualification application procedure.
For social organizations that need to be registered, the following procedures are required:
(1) Public welfare social organizations approved by the Ministry of Civil Affairs may apply to the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs respectively;
(two) the foundation approved by the provincial civil affairs department may apply to the provincial finance, taxation (national and local taxes, the same below) and civil affairs departments respectively. Public welfare social organizations (excluding foundations) approved by the local civil affairs departments of people at or above the county level may apply to the finance, taxation and civil affairs departments of provinces, autonomous regions, municipalities directly under the central government and cities with separate plans;
(three) the civil affairs department is responsible for the preliminary audit of the qualifications of public welfare social organizations, and the financial and tax departments jointly with the civil affairs department jointly audit and confirm the pre-tax deduction qualifications of donations from public welfare social organizations;
(4) Eligible public welfare social organizations shall be published regularly by the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs, and the finance, taxation and civil affairs departments of provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, respectively, in accordance with the above-mentioned management licensing rights.
Based on the above program, the Notice of the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs on Publishing the List of the First Batch of Public Welfare Social Organizations Qualified for Pre-tax Deduction of Public Welfare Donations in 2008 and 2009 (Caishui [2009] No.85) published the list of 66 public welfare social organizations in 2008 and 3 public welfare social organizations in 2009 jointly audited and confirmed by the Ministry of Finance and State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs. And local provincial tax authorities have also published local lists according to their respective licensing rights.
Mass organizations that do not need to be registered must go through the following procedures:
(1) Mass organizations directly managed by the central organization establishment department apply to the Ministry of Finance and State Taxation Administration of The People's Republic of China;
(2) Mass organizations directly managed by local organizations at or above the county level shall apply to the financial and tax departments of provinces, autonomous regions, municipalities directly under the central government and cities with separate plans;
(3) For qualified public welfare mass organizations, in accordance with the above-mentioned administrative licensing rights, the Ministry of Finance, State Taxation Administration of The People's Republic of China, and the financial and tax departments of provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans shall jointly publish the list each year. The list shall include mass organizations that continue to obtain the pre-tax deduction qualification for public welfare donations and those that have newly obtained the pre-tax deduction qualification for public welfare donations. Enterprises and individuals may make pre-tax deduction for public welfare donations made to the mass organizations in the list within the year to which the list belongs.
For the public welfare donation expenses incurred by public welfare mass organizations, the competent tax authorities should control the list jointly released by the financial and tax departments, and the mass organizations that accept donations are included in the list, so the public welfare donation expenses incurred by enterprises or individuals in the year to which the list belongs can be deducted before tax according to regulations; If the mass organizations that accept donations are not in the list, or if the public welfare donation expenses incurred by enterprises or individuals are not in the year of the list, they shall not be deducted.
This regulation is stricter than the regulation that social organizations need to be registered. For mass organizations that don't need to be registered, it is required to be on the list, and it is required to be on the annual list.
As for the local Red Cross Societies and Trade Red Cross Societies, although they have obtained the legal person status of social organizations according to law, they cannot be approved to enter the list because they do not meet the above-mentioned requirements, so they cannot obtain the pre-tax deduction qualification for public welfare donations. At present, the list published in various places does not include local Red Cross Societies and Trade Red Cross Societies, so enterprises and individuals should pay special attention to this when donating abroad, and donations to local Red Cross Societies and Trade Red Cross Societies cannot be deducted before tax.
Whether the invoice donated by Harbin Red Cross can be deducted from income tax is a public welfare donation, which can be deducted before tax, but there is a limit, that is, within 12% of the annual profit.
Do charities and the Red Cross give formal invoices for donations to disaster areas? How much income tax can be deducted? The official invoice will be given, and the donation amount will be deducted before tax after deducting 12% of the total profit.
Units donate money to individuals, whether individuals have to pay personal income tax! If I have to pay, can I deduct it from the donation? Individuals who get donations don't have to pay a tax. This is not income. However, the direct donation behavior of the unit without passing through professional institutions such as the Red Cross cannot be deducted before enterprise income tax.
If there is foreign debt, such as mortgage, can personal income tax be deducted? China's current personal income tax relief regulations are as follows:
What income of an individual does not need to pay personal income tax?
The Individual Income Tax Law stipulates that the following personal income shall be exempted from individual income tax:
(1) Prizes in science, education, technology, culture, health, sports, environmental protection, etc. awarded by provincial people * * *, ministries and commissions of the State Council and units of the People's Liberation Army of China at or above the military level, as well as foreign organizations and international organizations;
(2) national debt;
(3) Subsidies and allowances issued in accordance with the unified regulations of the state;
(4) Welfare expenses, pensions and relief funds;
(5) Insurance indemnity;
(6) Military personnel's transfer fees and demobilization fees;
(7) The settling-in allowance, resignation fee, retirement salary, retirement salary and retirement living allowance paid to cadres and workers in accordance with the unified regulations of the state; 、
(8) Income from diplomatic representatives, consular officials and other personnel of embassies and consulates in China who should be exempted from tax according to relevant laws of China;
(9) Income exempted from tax as stipulated in international conventions and agreements signed by China;
(10) Income exempted from tax with the approval of the financial department of the State Council.
Under what circumstances can I apply for personal income tax relief?
The Individual Income Tax Law stipulates that in any of the following circumstances, individual income tax may be reduced upon approval:
(1) Income from disabled, lonely and old people and martyrs;
(2) Causing heavy losses due to serious natural disasters;
(3) Other tax reductions approved by the finance department of the State Council.
Which deposit interest income is exempt from personal income tax?
The State Council1Decree No.272 "Implementation Measures for Collecting Individual Income Tax on Interest Income from Savings Deposits" issued on September 30th, 1999 stipulates that the interest income from education savings deposits obtained by individuals and other special savings deposits or savings special fund deposits determined by the financial department of the State Council shall be exempted from individual income tax.
How is the scope of personal income tax exemption for disabled people stipulated?
On June 29th, 2000, Jilin Provincial Local Taxation Bureau released the Notice on Issues Concerning the Reduction of Individual Income Tax on the Income of Disabled, Lonely and Old Persons and Martyrs-in-LawNo. [2000]10, which stipulates that all the income from wages and salaries, the income from individual industrial and commercial production and operation, and the income from contracting and renting enterprises and institutions in our province. The reduction range is tentatively set at 40%.
How to stipulate the additional deduction of expenses for taxpayers who receive wages and salaries?
The Individual Income Tax Law stipulates that taxpayers who have no domicile in China but earn wages and salaries in China, and taxpayers who have domicile in China but earn wages and salaries outside China can determine additional deductions according to their average income level, living standard and exchange rate changes, and the applicable scope and standards of additional deductions are stipulated by the State Council.
What is the applicable scope and standard of additional deduction?
The Regulations for the Implementation of the Individual Income Tax Law stipulates that the additional deduction of expenses mentioned in the third paragraph of Article 6 of the tax law refers to the deduction of the amount of expenses stipulated in Article 28 of these regulations on the basis of deducting the 800 yuan expenses every month.
The scope of application of the additional deduction of expenses mentioned in the third paragraph of Article 6 of the Tax Law refers to:
(1) foreigners working in foreign-invested enterprises and foreign enterprises in China;
(2) Foreign experts employed in enterprises, institutions, social organizations and state organs in China;
(3) Individuals who have a residence in China and work or are employed outside China to obtain wages and salaries;
(4) Other personnel determined by the Ministry of Finance.
The additional deduction standard mentioned in the third paragraph of Article 6 of the Tax Law is 3,200 yuan.
Overseas Chinese and compatriots from Hongkong, Macao and Taiwan Province shall be governed by these Provisions. When paying personal income tax, the original tax payment certificate issued by overseas tax authorities shall be provided.
Is there a tax on the bonus awarded to scientific and technical personnel by Guanghua Science and Technology Foundation?
State Taxation Administration of The People's Republic of China1February 5, 1994/KLOC-0 [994] No.048 "Reply on Exemption from Personal Income Tax for Individuals Obtaining Award Funds from Guanghua Science and Technology Foundation" stipulates that the bonus awarded by Guanghua Science and Technology Foundation to scientific and technical personnel can be regarded as the scientific and technical bonus awarded by units above the military level of China People's Liberation Army, and personal income tax is temporarily exempted.
What income does not belong to the taxpayer's own salary and salary income project?
Guo Shui Fa [1994] 089, issued by State Taxation Administration of The People's Republic of China1March 3, 1994, stipulates that the following subsidies and allowances that are not in the nature of wages and salaries, or income that is not in the taxpayer's own wages and salaries, shall not be taxed:
(1) One-child allowance;
(2) the implementation of the civil service salary system is not included in the total basic salary subsidies, subsidies and family members' non-staple food subsidies;
(3) child care subsidy;
(4) Travel allowance and meal miss allowance.
How to stipulate the relevant issues of individual income tax for individual industrial and commercial households?
According to the Notice on Defining the Relevant Issues of Individual Income Tax Calculation for Individual Industrial and Commercial Households, the standard of expense deduction for owners of individual industrial and commercial houses and the standard of wage deduction for employees shall be determined by the tax bureaus of all provinces, autonomous regions and municipalities directly under the Central Government. The interest expenses of individual industrial and commercial households borrowed during production and operation, which are legally proved, are not higher than the amount calculated according to the loan interest rate of similar financial institutions in the same period, and are allowed to be deducted.
Article 13 of the "Measures" on the expense deduction standard of individual industrial and commercial households owners is tentatively set as 860 yuan/month; Employees shall be deducted according to the facts, but not higher than 800 yuan/month.
Caishuizi [1994] No.020 "Notice on Several Policy Issues of Individual Income Tax" stipulates that individual industrial and commercial households or individuals specialize in planting, breeding, feeding and fishing, and their business projects are agricultural taxes (including agricultural specialty taxes, the same below).
Refuse to donate money to the Red Cross and give the Red Cross the middle finger! *** ！