In order to further standardize the collection and management of individual income tax on individual rented houses, according to the Individual Income Tax Law of People's Republic of China (PRC) and its implementing regulations, the Tax Collection and Management Law of People's Republic of China (PRC) and its implementing rules, the Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on Tax Policies for Affordable Housing and Housing Leasing (Caishui [2008] No.24) and the Notice of State Taxation Administration of The People's Republic of China on Individual Income Tax from Individual Sublet Housing (Guoshuihan [2009]).
1. Individuals who rent their own or leased houses to lessees in Yunnan Province and obtain rental income or other economic benefits shall pay personal income tax according to the "property rental income". ?
2. Taxpayers renting (subletting) houses should calculate the taxable income according to the facts, and deduct the tax paid in the process of renting houses, the rent paid to the lessor, the repair expenses actually borne by the taxpayers and the expense deduction standards stipulated by the tax law from their rental income in turn with legal and valid vouchers. ?
3. Taxpayers renting (subletting) houses can't provide legal and accurate proof of costs and expenses, and can't accurately calculate the costs and expenses of rented houses, and the taxable income shall be verified according to 5% of rental income. ?
4. The formula for calculating the tax payable is as follows:
Taxable amount = taxable income × tax rate?
Individual income tax is levied at the reduced rate of 10% for individual rented houses; Individual income tax is levied at the rate of 20% for renting non-housing by individuals. ?
Five, individuals take a one-time rental form to obtain rental (sublease) housing rental income, with a legal and effective lease contract (agreement), can be shared equally on a monthly basis during the corresponding lease period. ?
VI. This announcement shall come into force as of 20211. ?
Why should we introduce it? ?
1. Background of the announcement?
In order to further implement the tax reduction and fee reduction policies and measures, optimize the tax business environment, help prevent and control the epidemic situation and support economic and social development, better serve the overall situation of "six stabilities" and "six guarantees" and promote the healthy development of the housing rental market in Yunnan Province, according to the Individual Income Tax Law of People's Republic of China (PRC) and its implementing regulations, Law of People's Republic of China (PRC) on the Administration of Tax Collection and its detailed rules for implementation, Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Tax Policies for Economically Applicable Housing and Housing Leasing (Caishui [2008] No.24), Notice of State Taxation Administration of The People's Republic of China on Individual Income Tax on Income from Individual Sublet Housing (Guoshuihan [2009])?
2. What is the main content of the announcement?
Article 1 of the Announcement defines the scope and object of application. It is a taxable behavior for individuals to rent their own houses or rented houses within the scope of Yunnan Province to obtain rental income or other economic benefits. Taxpayers renting or subletting houses shall pay individual income tax according to regulations. ?
Article 2 of the announcement emphasizes the factual collection of personal income tax on individual rental houses. Taxpayers should calculate the taxable income according to the facts, and deduct the tax paid in the process of renting the house, the rent paid to the lessor, the repair cost actually borne by the taxpayer and the expense deduction standard stipulated by the tax law from their rental income with legal and valid vouchers. ?
Article 3 of the Announcement stipulates the verification and collection of individual income tax on individual rental houses. Taxpayers renting (subletting) houses can't provide legal and accurate proof of costs and expenses, and can't accurately calculate the costs and expenses of rented houses, and the taxable income shall be verified according to 5% of rental income. ?
Article 4 of the announcement emphasizes the calculation formula and tax rate of individual income tax on individual rental houses. The calculation formula is: tax payable = taxable income × tax rate. Individual income tax is levied at the reduced rate of 10% for individual rented houses; Individual income tax is levied at the rate of 20% for renting non-housing by individuals. ?
Article 5 of the "Announcement" stipulates the issue of one-time rent collection by individuals. The rental income of rented (sublet) houses obtained by individuals in the form of one-time rent collection can be shared equally on a monthly basis within the corresponding lease term with a valid lease contract (agreement). ?
3. When is the implementation date of the announcement?
This announcement shall come into force as of 20211.