Stamp duty is going to change! On July 1 2022, the Stamp Tax Law of People's Republic of China (PRC) (hereinafter referred to as the Stamp Tax Law) came into effect.
Compared with the Provisional Regulations on Stamp Duty, there are ten major changes in the new Regulations on Stamp Duty. Come and see these ten changes and their effects!
Stamp duty, 10 big change!
July 1 implementation started!
People's Republic of China (PRC) Stamp Tax Law will be officially implemented on July 1 2022!
Compared with the old Provisional Regulations on Stamp Duty, the new Regulations on Stamp Duty has significant changes of 10:
1
Narrow the scope of taxation
Abolish the requirement of collecting stamp duty in 5 yuan for every right and license.
2
Reduce tax rate
1 The stamp duty rate for contracts, construction contracts and transportation contracts has been reduced from five ten thousandths to three ten thousandths.
2. Reduce the tax rate of some property rights transfer contracts: the stamp duty rate of trademark rights, copyrights, patents and proprietary technology transfer documents will be reduced from 0.5% to 0.3%.
3. The stamp duty rate of business account books has been reduced from 0.5% of "total paid-in capital and capital reserve" to 2.5%, and the provisions of Caishui [2065438+08] No.50 are directly incorporated into legislation.
three
Obviously, VAT is not the basis for calculating stamp duty.
Note: The contract signed by the taxpayer includes tax, and if the value-added tax is not listed separately, the stamp duty will be paid in full.
four
Cancel the mantissa rule and pay taxes directly according to the actual tax amount.
Article 3 of the original Provisional Regulations on Stamp Duty stipulates that if the tax payable is less than 1 jiao, stamp duty shall be exempted. If the tax payable is more than one corner, the tax mantissa is less than five points, and if it exceeds five points, it will be paid at one corner. The new Stamp Tax Law abolished this provision.
In other words, since July 2022 1, taxpayers do not need to round off when calculating stamp duty. Do whatever you want in the future, and don't worry about the difference between payable and paid.
five
Provisions on stamp duty withholding agents have been added.
The original "Provisional Regulations on Stamp Duty" did not stipulate how overseas individuals pay stamp duty and whether they can withhold it at the source. This legislation adds provisions in this regard:
six
Define the tax payment period and tax payment place.
The original Provisional Regulations on Stamp Duty did not specify the time and place of tax payment, but the newly adopted Stamp Tax Law specified the time and place of tax payment.
seven
The practice of light taxes and heavy penalties was abolished, and it was uniformly implemented in accordance with the Tax Administration Law.
The original Provisional Regulations on Stamp Duty has a tradition of light tax and heavy punishment:
Now the new stamp tax law has abolished this provision:
eight
Stamp duty on securities transactions has been incorporated into legal norms.
Stamp duty on securities transactions can be included in the scope of collection, which can avoid the worries of collecting securities transaction tax.
nine
It stipulates the taxable amount held by multiple parties in the same taxable voucher.
If there are more than two parties to the same taxable voucher, the tax payable shall be calculated separately according to the amount involved. The original rule was that "each side holds a complete decal"
10
Define the scope of stamp duty relief.
The State Council can reduce or exempt stamp duty for ensuring residents' housing needs, restructuring enterprises and supporting the development of small and micro enterprises, and report to the NPC Standing Committee for the record.
The following eight vouchers are exempt from stamp duty:
1. A copy or photocopy of the taxable voucher;
2. Taxable vouchers for library books obtained by foreign embassies, consulates and representative offices of international organizations in China that should be exempted from tax according to law;
3. Taxable vouchers signed by China People's Liberation Army and Chinese People's Armed Police Force;
4 farmers, family farms, farmers' professional cooperatives, rural collective economic organizations, villagers' committees to buy agricultural means of production or sell agricultural products sales contracts and agricultural insurance contracts;
5. Interest-free or discount loan contracts, loan contracts signed by international financial organizations to provide preferential loans to China;
6. Property ownership transfer documents signed by the property owner who donated property to the government, schools, social welfare institutions and charitable organizations;
7 non-profit medical and health institutions to purchase drugs or health materials sales contract;
8. Electronic orders signed by individuals and e-commerce operators.
Attachment: Table of Stamp Duty Items and Rates
Stamp duty, changed!
Starting today, tax returns will be based on this!
Since June 2002 1,1,stamp duty has been declared together with nine other taxes. Different from using a separate tax return, multiple taxes are declared on one tax return at the same time. To put it simply, one form reports multiple taxes.
How to calculate and pay stamp duty?
1
Tax base
2
computing formula
Calculated at the proportional tax rate: tax payable = tax amount × applicable tax rate.
Calculated at fixed tax rate: tax payable = voucher tax rate × unit tax amount.
The calculation of stamp duty is not complicated, but in the specific calculation, different tax rates are applied according to different types, and many preferential policies can be enjoyed. Let's use a case to show you!
Case:
A small-scale taxpayer started business in April 2020, obtained a business license for industry and commerce, and concluded a certificate with other enterprises to transfer the right to use proprietary technology, with an amount of 6,543.8+0,000 yuan; Conclude two product purchase and sale contracts with an amount of 2 million yuan; Conclude a loan contract with an amount of 500,000 yuan. In addition, in the business account book of the enterprise, the "paid-in capital" account contains 5 million yuan of funds, and other business account books have 10. In September 2020, the capital included in the "paid-in capital" of the enterprise increased to 6 million yuan.
Try to calculate the stamp duty to be paid by this enterprise in 2020;
(1) Get the right to start business and use the license to handle the tax:
Taxable amount = 1×5×50%= yuan)
(2) The tax payable when the enterprise signs the document of property right transfer:
Taxable amount = 1000000×× 50% = 250 (yuan)
(three) the tax payable by the enterprise when signing the purchase and sale contract:
Taxable amount = 2 million × 50% = 300 (yuan)
(four) the tax payable by the enterprise when signing the loan contract:
Taxable amount = 500,000× 50% = yuan)
(five) the funds included in the "paid-in capital" of the business account book of the enterprise:
Taxable amount = 5000000×50%×50% = 625 (yuan)
(6) Taxable amount of other business account books of the enterprise:
Taxable amount = 10×0 = 0 (yuan)
(7) Stamp duty payable by enterprises in April:
250+300+625+0 =1190 (yuan)
(8) In September, the tax payable in the fund account book is:
(6,000,000-5,000,000) ××× 50 %× 50% =125 (yuan)
Analysis:
According to the provisions of (Cai Shui [20 18] No.50), from May 20 1 8, stamp duty will be levied by half for capital account books stamped at the rate of five ten thousandths, and stamp duty will be exempted for other account books stamped at five yuan each.
According to the provisions of (Caishui [20 19] 13), the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may reduce the stamp duty (excluding the stamp duty on securities transactions) on small-scale VAT taxpayers within 50% of the tax amount.
Those who have enjoyed other preferential policies of stamp duty according to law may enjoy the preferential policies stipulated in this notice.
Therefore, the fund account book can enjoy 50% levy, and then reduce the levy by 50%.
note:
The duty to pay stamp duty usually occurs on the day when the taxpayer concludes, receives the taxable voucher or completes the securities transaction, and does not apply until the actual business occurs.
How should stamp duty be recorded?
1. When the current month's payment is withdrawn (if there is any reduction or exemption, it will be withdrawn directly according to the actual amount after reduction or exemption), the accounting entries are as follows:
Borrow: taxes and surcharges
Loan: Taxes payable-Stamp duty payable
2. When actual payment is made, the accounting entries are as follows:
Borrow: Taxes payable-Stamp duty payable
Loans: bank deposits
Note: Some enterprises pay a small amount of tax, which can also be accounted for directly.
Borrow: taxes and surcharges
Loans: bank deposits
Stamp duty, monthly or monthly?
Six hot issues!
1. What's the difference between regular (monthly) declaration of stamp duty and regular declaration?
A:
(1) If the declaration is made on schedule (monthly), the tax type must be determined first; If you declare by time, you may not be able to determine the tax type.
(2) If tax returns are made on schedule (monthly), zero returns without tax obligation shall be made; If the tax declaration is made on time, if there is no tax obligation, the tax declaration may not be made.
(3) If tax returns are made on schedule (monthly), the tax payment period may be one month; For tax declaration by time, only one day can be selected during the tax payment period, that is, the date when the taxable certificate is established (received).
Taxpayers can declare some stamp duty items on schedule (monthly), or they can declare some stamp duty items on schedule.
2. How to choose monthly declaration or time declaration?
A: Taxpayers can decide whether to declare monthly or by time according to the actual situation. If the entrepreneur has a big career and orders are bursting, of course, he chooses to declare on a monthly basis.
Or if you have taxable behavior every month or even sign the taxable certificate of the same tax item twice a month, it is also recommended to declare it monthly. If the business is small and you don't sign a few taxable documents a year, you can declare it every time.
3. I want to declare monthly, and I don't know if I have confirmed it now.
A: Very simple. You can easily and quickly check the existing tax marks through the electronic tax bureau.
There is another way. In the interface of stamp tax source collection, you must first select "tax payment period". If you can only choose to declare by time, there is no tax appraisal.
Reminder, if you choose to declare monthly, remember to make clear how many tax items you need to declare each month when contacting the competent tax authorities (tax administrators), and do it at once.
4. Is it necessary to fill in the establishment (receipt) number and date of the taxable certificate in the stamp duty tax source list?
A: No. The annex to the Announcement of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Relevant Matters Concerning the Declaration of Degenerate Taxes and Fees (People's Republic of China (PRC) State Taxation Administration of The People's Republic of China Announcement No.2021No.9) clearly states:
The number of the tax payable certificate and the date of receipt of the tax payable certificate shall be filled in by the provinces, autonomous regions and municipalities directly under the Central Government according to the needs of tax source management. Is it necessary to set this item? At present, the city has been uniformly set as a non-mandatory item, and taxpayers can choose to fill it in or not according to the actual situation.
Stamp duty has been declared on schedule (monthly). Why can't the tax source only increase the tax items of the purchase and sale contract and other tax items?
Answer: Stamp duty is declared and confirmed on schedule (month) for tax items, so when tax sources are collected on schedule (month), unconfirmed tax items cannot be added on schedule (month), but can only be added one by one. If you want to increase on schedule (month), you need to declare and confirm the tax item on schedule (month).
6. If you choose to declare monthly, do you want to declare zero tax sources?
A: Yes. After the consolidated tax declaration, tax source collection is the premise of declaration, and it is impossible to declare without tax source collection.
The collection of tax sources with zero declaration is very simple. After entering the tax source collection interface (stamp tax source list), it can be completed with just a few mouse clicks.
Select "declare monthly" as the tax period → select any day in a month from the tax period → save → confirm.
After the collection of tax source information of current financial banks is completed, check stamp duty in the tax declaration interface and declare together.