There are two ways to refund personal income tax: tax refund according to legal standards and tax refund according to actual expenditure.
1. How much is the personal income tax refund?
There are no specific regulations on how much personal income tax can be refunded; it needs to be calculated based on the actual income of the parties and the overpaid taxes;
The calculation formula is as follows:
The amount of tax refundable or payable in the annual final calculation is two [(comprehensive income income
amount - 60,000 yuan - "three insurances and one housing fund" and other special deductions - children's education
etc. Special additional deductions - other deductions determined in accordance with the law - donations) × applicable tax rate - quick calculation deductions] - prepaid tax amount
2. The materials required in the personal income tax refund process are
Which ones?
1. The original and a copy of the taxpayer's tax payment voucher (the original must be returned to the taxpayer after review).
2. A copy of the detailed personal income tax return for the period in which the taxpayer was erroneously charged or paid taxes.
3. Four copies of the tax refund (credit) application form or the "Enterprise Tax Refund Application Form for Mispayment of Taxes".
4. In the tax refund application, taxpayers must indicate the reason for applying for tax refund and the amount of tax refund applied for.
5. A copy of the taxpayer's salary receipt or bank release note.
6. A copy of the taxpayer’s employee employment contract.
7. If a taxpayer mistakenly pays taxes due to reasons such as offices or websites, he must attach a "Situation Statement" issued by the above-mentioned unit.
8. Other relevant certificates and materials that should be submitted as prescribed by the tax authorities.
9. The materials submitted by taxpayers and their contents must be true, reliable and complete.
10. All copies must be stamped with the official seal and use A4 paper. The form must be filled in with black ink pen. If the information is in a foreign language, a translation document must be attached.
11. 3. How long is the time limit for applying for personal income tax refund?
12. There is a certain time limit for applying for a tax refund for personal income tax. Generally, it is processed within 30 working days after receiving the materials. The reason for the time-limited regulations is mainly to prevent the government from taking negative actions and to protect the legitimate rights and interests of citizens.
3. The personal income tax refund process is as follows:
1. Taxpayers submit tax refund applications through paper or the local tax website;
2. After accepting the application, the competent tax authority will review and submit preliminary opinions to the district-level local tax bureau for approval;
3. After approval, the district-level local tax bureau will notify the treasury to refund the relevant taxes to the bank account of the enterprise or individual.
4. Processing time limit:
If the tax authority discovers that the taxpayer has paid more taxes, the tax refund time limit is 10 days; if the taxpayer finds that the taxpayer has paid more tax, the tax refund time limit is 15 days .
5. What are the taxable items of personal income tax?
The taxable items of personal income tax stipulate the following three different tax rates:
1. Comprehensive income (wage and salary income, labor remuneration income, author remuneration income, and royalties income) is subject to a seven-level excess progressive tax rate, and the tax is calculated based on the monthly taxable income. The tax rate is divided into levels according to the individual's monthly wages and salary taxable income, with the highest level being 45%, the lowest level being 3%, and level 7;
2. Business income is subject to five levels of excess progressive tax rates. The production and operating income of individual industrial and commercial households, which are calculated on an annual basis and taxes are paid in advance on a monthly basis, and the annual taxable income from contracted operations and leasing operations of enterprises and institutions are applicable. The lowest level is 5%, and the highest level is 5%. The first level is 35%, ***level 5;
3. Proportional tax rate. Individual income from interest, dividends, bonuses, income from property leasing, income from property transfer, incidental income and other income are levied on a case-by-case basis, with a 20% proportional tax rate applicable.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 78 of the "Implementing Rules of the Tax Collection and Administration Law of the People's Republic of China"
If the tax authorities discover that taxpayers have paid more taxes, they shall Refund procedures shall be carried out within 10 days from the date of discovery;
If a taxpayer discovers that the tax has been overpaid and requires a refund, the tax authorities shall verify and complete the refund procedures within 30 days from the date of receipt of the taxpayer's refund application. The tax refund for overpayments plus bank deposit interest for the same period as stipulated in Article 51 of the Tax Collection and Administration Law does not include settlement tax refunds, export tax refunds and various tax reductions and exemptions resulting from prepaid taxes in accordance with the law. Tax refund interest is calculated based on the current deposit interest rate stipulated by the People's Bank of China on the day the tax authorities handle the tax refund procedures.
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