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How to conduct tax planning for the transfer of personal non-residential property

1. Taxpayer of personal property leasing income

Income from property sublease by individuals falls within the scope of taxation of "property leasing income", and the property sublessor shall pay personal tax Income Tax. When confirming the taxpayer, the property rights certificate shall be used as the basis; if there is no property rights certificate, the competent tax authority shall determine it based on the actual situation. If the property owner dies and the property is rented out and there is rental income during the period when the property rights inheritance procedures have not been completed, the individual receiving the rent shall be the taxpayer.

2. Calculation of taxable income

(1) Property rental income is generally taxable income based on the balance of a fixed amount or fixed rate of income each time an individual obtains minus prescribed expenses. Forehead. If the income does not exceed 4,000 yuan each time, a fixed amount of 800 yuan will be deducted from the expenses; if the income is more than 4,000 yuan each time, 20% of the expenses will be deducted at a fixed rate.

(2) Income from property rental shall be considered as income obtained within one month. When determining the taxable income from property leasing, the taxes and education surcharges paid by the taxpayer in the process of leasing the property can be deducted from the property leasing income by presenting the tax payment (payment) certificate.

(3) For those who obtain property leasing income from leasing house property, in addition to the prescribed fees and relevant taxes and fees, the items allowed to be deducted include the ability to provide valid and accurate vouchers to prove that the rental is borne by the taxpayer. The actual expenses incurred in repairing a property. The allowable deduction for repair costs is limited to RMB 800 per time. If the deduction is not completed at one time, it will be allowed to continue to be deducted the next time until the deduction is completed.

(4) When calculating personal income tax from rental income obtained by individuals renting out property, the order of expenses allowed to be deducted is as follows:

① Taxes paid during the rental process of property.

②The actual repair costs of the rental property borne by the taxpayer.

③ Expenses deduction standards stipulated in tax laws.

(5) The calculation formula of taxable income is:

①If the income per time (monthly) does not exceed 4,000 yuan

Taxable income = The amount of each (monthly) income is allowed to be deducted for repair costs (limited to 800 yuan) - 800 yuan

② If the income per time (monthly) exceeds 4,000 yuan

Taxable Income = [each (monthly) income - allowed deduction items - repair costs c800 yuan limited)] × (1-20%)

3. Calculation of tax payable

< p>(1) The tax payable on property leasing income is calculated according to the prescribed tax rate based on the taxable income each time. The tax law stipulates that the applicable tax rate for property rental income is 20%, but the Ministry of Finance stipulates that starting from January 1, 2001, personal income tax on house rental income will be temporarily reduced to 10%.

(2) Personal income tax on property rental income is calculated and levied on a per-time basis. "Times" refers to the income obtained once in a month; for rental income obtained at one time for several months or years, it can also be calculated separately according to the contract and the actual month of income (confirmation is required).

(3) The calculation formula of tax payable is: tax payable = taxable income × applicable tax rate.