Current location - Loan Platform Complete Network - Local tax - Answers to the problem of differential taxation of debt-paying assets of financial enterprises
Answers to the problem of differential taxation of debt-paying assets of financial enterprises
Q: How can financial enterprises levy business tax on the sale of real estate and land use rights without invoices? Are court judgments, rulings, conciliation statements, arbitral awards and notarized creditor's rights documents other legal and valid documents that can be enforced by the people's courts? According to the Circular of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Several Policy Issues concerning Business Tax (Caishui [2003] 16): 3. About turnover? (twenty)? Units and individuals selling or transferring real estate or land use rights obtained by repaying debts shall take the balance of total income minus the price of real estate or land use rights when repaying debts as the turnover. ? According to Article 6 of the Provisional Regulations of the People's Republic of China on Business Tax (the State Council Order No.540 of the People's Republic of China, 2008), taxpayers shall deduct relevant items according to Article 5 of these regulations, and if the vouchers obtained do not comply with laws, administrative regulations or relevant provisions of the competent tax authorities in the State Council, the amount of items shall not be deducted. ? Article 19 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax (Order No.52 of State Taxation Administration of The People's Republic of China of the Ministry of Finance of People's Republic of China (PRC)) stipulates that: The vouchers that meet the relevant provisions of the competent tax authorities of the State Council (hereinafter referred to as legal and valid vouchers) mentioned in Article 6 of the Regulations refer to: (1) If the payment is made to a domestic unit or individual, and the behavior of the unit or individual falls within the scope of business tax or value-added tax collection, the invoices issued by the unit or individual shall be legal and valid vouchers; Therefore, when financial enterprises sell real estate and land use rights in debt repayment period, they should use invoices as deduction vouchers when calculating the relevant business tax basis. If the relevant invoices cannot be provided, the business tax cannot be calculated and paid according to the difference, and the business tax should be calculated and paid according to the total income.