What is the difference between enterprise's overall asset transfer, overall asset replacement and enterprise's property right transfer?
Question: 1, VAT and business tax are not levied on enterprise's overall asset transfer, overall asset replacement and enterprise property right transfer? Reason: According to the Official Reply of State Taxation Administration of The People's Republic of China on the Issue of No Value-added Tax on the Transfer of All Property Rights of Enterprises (Guo [2002] No.420) and the Provisional Regulations of People's Republic of China (PRC) on Value-added Tax and its detailed rules for implementation, the scope of collection of value-added tax is to sell goods or provide processing, repair and repair services and import goods. The transfer of all property rights of an enterprise is an act of transferring the assets, creditor's rights, debts and labor of the enterprise as a whole. Therefore, the transfer of taxable goods involved in the transfer of all property rights of enterprises does not belong to the scope of VAT taxation, and VAT is not levied. According to the Reply of People's Republic of China (PRC) State Taxation Bureau on the Issue of No Business Tax on Enterprise Property Right Transfer. Font 165: Hainan Local Taxation Bureau: Your request for instructions on whether to levy business tax on the transfer of all property rights of Fudao Chemical Co., Ltd. by Jincheng State-owned Assets Management Company of Hainan Province (No.9 [2002] of Qiong Di Shui Fa) has been received. After research, the reply is as follows: According to the Provisional Regulations of the People's Republic of China on Business Tax and its detailed rules for implementation, the scope of business tax collection is the act of providing taxable services, transferring intangible assets or selling real estate. The transfer of enterprise property rights is the overall transfer of enterprise assets, creditor's rights, debts and labor, and its transfer price is not only determined by the value of assets, but also completely different from the behavior of enterprises selling real estate and transferring intangible assets. Therefore, the transfer of enterprise property rights does not belong to the scope of business tax collection, and business tax should not be levied. "