Follow-up: When did it start to be deductible? Are there any relevant regulations? Answer: First, the main contents of the adjustment of fixed assets value-added tax policy.
Fixed assets are allowed to deduct the input tax. From 2009 1 month 1 day, under the premise of maintaining the current VAT rate unchanged, all general VAT taxpayers nationwide are allowed to deduct the input tax included in their purchased (including accepting donations and physical investments) or self-made (including reconstruction, expansion and installation) fixed assets, and the remaining input tax will be carried forward to the next period for further deduction.
(1) Fixed assets that are allowed to be deducted include machines, machinery, means of transport and other equipment, tools and appliances related to production and operation, but do not include cars, motorcycles and yachts that are liable to consumption tax, and real estate such as houses and buildings are not included in the scope of deduction.
(2) The input tax amount of fixed assets that taxpayers are allowed to deduct refers to the value-added tax amount that taxpayers actually incurred after 1 month 1 day in 2009 and obtained on the value-added tax deduction certificate issued after 1 month/day in 2009 or calculated according to the value-added tax deduction certificate. The VAT tax deduction certificate mentioned here refers to the special VAT invoice, the special customs import VAT payment book and the transportation expense settlement document.
(3) Taxpayers should collect value-added tax according to different situations when selling their used fixed assets: for selling their used fixed assets purchased or made by themselves after 2009 1 month 1 day, value-added tax shall be collected at the applicable tax rate; Sales of self-used fixed assets purchased or self-made before 20081Feb. 3 1 day (including1Feb. 3 1 day) will be subject to VAT at a rate of 4%. The used fixed assets mentioned here refer to the fixed assets that have been depreciated by taxpayers according to the accounting system.
(4) Since 1 month 1 day of 2009, the VAT exemption policy for imported equipment and the VAT refund policy for foreign-invested enterprises purchasing domestic equipment have ceased to be implemented.
Two, the following preferential policies to collect value-added tax according to the simple method shall continue to be implemented, and the input tax shall not be deducted:
(1) Taxpayers selling their used articles shall follow the following policies:
1.General taxpayers who sell their used fixed assets that are not deductible and the input tax is not deducted as stipulated in Article 10 of the Regulations (refer to the fourth point of this issue) will be subject to a simple method of halving the value-added tax at the rate of 4%.
The sales of other fixed assets used by ordinary taxpayers shall be carried out in accordance with the provisions of Article 4 of the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Several Issues Concerning the Reform of VAT Transformation in China (Cai Shui [2008] 170). (Refer to the third point of the first hit in this issue)
General taxpayers selling goods other than fixed assets they have used shall collect value-added tax at the applicable tax rate.
2. Small-scale taxpayers (except other individuals, the same below) sell their used fixed assets, and the value-added tax is levied at a reduced rate of 2%.
Small-scale taxpayers selling their used items other than fixed assets shall be subject to VAT at the rate of 3%.
(2) Taxpayers selling second-hand goods will be subject to VAT at a rate of 4% in a simple way.
The term "secondhand goods" refers to goods with partial use value (including used cars, used motorcycles and used yachts) that enter the secondary circulation, but does not include articles used by themselves.
Three, on the simple collection of value-added tax policy related management issues
(1) Taxpayers selling their used fixed assets.
1.For ordinary taxpayers selling their used fixed assets, if the policy of halving the value-added tax at the rate of 4% in a simple way is applicable according to the Notice of the Ministry of Finance in State Taxation Administration of The People's Republic of China on Several Issues Concerning the National Reform of Value-added Tax Transformation (Caishui [2008]170) and Caishui [2009] No.9 document, ordinary invoices shall be issued, and special invoices for value-added tax shall not be issued.
2. Small-scale taxpayers selling their used fixed assets shall issue ordinary invoices, and the tax authorities shall not issue special VAT invoices on their behalf.
(2) Taxpayers selling secondhand goods shall issue ordinary invoices, and shall not issue special VAT invoices by themselves or by the tax authorities.
(3) General taxpayers who sell goods in accordance with the provisions of Item (3), Item (4) and Article 3 of Article 2 of Document No.9 of Caishui [2009] may issue special VAT invoices by themselves.
(4) About sales volume and tax payable
1.For ordinary taxpayers selling their used articles and secondhand goods, if the policy of halving the value-added tax at the rate of 4% is applicable in a simple way, the sales amount and tax payable shall be determined according to the following formula:
Sales = sales including tax /( 1+4%)
Taxable amount = sales ×4%/2
2 small-scale taxpayers sell their used fixed assets and secondhand goods, and determine the sales amount and tax payable according to the following formula:
Sales = sales including tax /( 1+3%)
Taxable amount = sales ×2%
Article 10 of the new Provisional Regulations on Value-added Tax stipulates that the input tax in the following circumstances shall not be deducted from the deduction of the output tax.
(1) Goods purchased or taxable services used for non-VAT taxable items, VAT exempted items, collective welfare or personal consumption;
(two) abnormal losses of purchased goods and related taxable services;
(3) Goods purchased or taxable services consumed by products in process and finished products with abnormal losses;
(four) consumer goods for taxpayers' own use as prescribed by the competent departments of finance and taxation of the State Council;
(5) The transportation expenses of the goods specified in Items (1) to (4) of this article and the transportation expenses of selling duty-free goods.