Equity personal income tax payment standard
According to the Individual Income Tax Law of People's Republic of China (PRC) and its implementing regulations, the original shareholders should collect individual income tax according to the item of "income from property transfer", and the applicable tax rate is 20%. For the income from property transfer, the taxable income shall be the income obtained by an individual from each property transfer, after deducting the original value of the property and reasonable expenses. That is, the specific tax calculation formula is: taxable income = income from property transfer-original value of property-reasonable expenses incurred in transfer = taxable income ×20% personal income tax on equity transfer. According to the relevant provisions of the Notice of State Taxation Administration of The People's Republic of China on Strengthening the Collection and Management of Individual Income Tax on Income from Equity Transfer (Guo Shui Han [2009] No.285), the tax authorities should strengthen the assessment and review of the tax basis for income from equity transfer. We should carefully examine the information about the income from equity transfer declared by withholding agents or taxpayers, and judge whether the equity transfer behavior conforms to the principle of independent trading, rational economic behavior and actual situation. If the declared tax basis is obviously low (such as parity, low-price transfer, etc.). Without justifiable reasons, the competent tax authorities may refer to the net assets per share or the share of net assets corresponding to the proportion of rights and interests enjoyed by individual shareholders for verification. The Notice on Forwarding Issues Concerning Strengthening the Collection and Management of Individual Income Tax on Equity Transfer (Sui Di Shui Han [2009] No.578) also stipulates that the collection and management of individual income tax on individual shareholders' equity should be further strengthened: (1) In any of the following circumstances, the competent local tax authorities may collect individual income tax by an approved method: 65,438+0. Equity transfer price is lower than the initial investment cost or the price paid for acquiring equity; 2. equity transfer price is lower than equity transfer price of other shareholders of the same invested enterprise at the same time or about the same time under the same or similar conditions; 3. The rate of return on equity transfer is lower than the interest rate of bank deposits in the same period; 4. The transfer price is lower than the share of the owner's equity of the invested enterprise that individual shareholders should enjoy; 5. Individual shareholders with significant influence transfer the equity of the enterprise, and the land use right and buildings of the enterprise account for more than 30% of the assets; 6. Transfer income includes non-monetary assets or other economic benefits that are difficult to price; 7. The taxpayer refuses to declare after receiving the notice from the competent local tax authorities; 8. Other circumstances as determined by the competent local tax authorities according to law. (2) According to the different situations of individual equity transfer, the competent local tax authorities can choose the following ways to check and collect individual income tax: 1. The price of the recent equity transfer with the enterprise (except for the obviously low price); 2. Net assets assessment share; 3. Share of book net assets of the transferred equity; 4. Interest rate of bank time deposits in the same period; 5. Other ways that the competent local tax authorities consider reasonable. Business tax: According to the Notice of the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on Business Tax on Equity Transfer (Caishui [2002] 19 1No.), no business tax is levied on equity transfer. Stamp duty: If the equity transfer document is signed, it shall be stamped with the seal of "Property Transfer Document", and the tax rate shall be 0.5 ‰. Now it is a legal society, and many things closely related to life are inseparable from the law, so we should know some legal knowledge. The existence of law can help us to deal with some things around us better. If you have any other knowledge you want to know, you are welcome to consult a lawyer.