In order to promote the development of China's multi-level endowment insurance system, according to the relevant provisions of the individual income tax law, the relevant issues concerning the individual income tax of enterprise annuity and occupational annuity are hereby notified as follows:
I. Personal income tax treatment of enterprise annuity and occupational annuity payment
1. When enterprise annuities or occupational annuities (hereinafter referred to as annuities) paid by enterprises and institutions (hereinafter referred to as units) for all employees working or employed in their own units are included in personal accounts, individuals will not pay personal income tax temporarily.
2. The part of the annuity paid by an individual according to the relevant national policies does not exceed the standard of 4% of the taxable base of the salary paid by him, and is temporarily deducted from the taxable income of the individual in the current period.
3. The part of the annuity unit payment and individual payment that exceeds the standards specified in Item 1 and Item 2 of Article 1 of this Notice shall be included in the current personal salary income, and personal income tax shall be levied according to law. The tax shall be withheld and remitted by the unit that established the annuity and reported to the competent tax authorities for final settlement.
4. The tax base of individual contribution salary of enterprise annuity is my average monthly salary in the previous year. The average monthly salary is calculated according to the items listed in the statistics of total wages stipulated by the National Bureau of Statistics. The part where the average monthly salary exceeds 300% of the average monthly salary of employees in the city where employees live in the previous year is not included in the tax base of individual contributions.
The tax base of individual contribution salary of occupational annuity is the sum of employee's post salary and salary scale salary. The sum of post salary and salary scale salary of employees exceeds 300% of the average monthly salary of employees in the city with districts where employees are located, and is not included in the tax base of individual contributions.
Two, the personal income tax treatment of annuity fund investment and operation income.
When the distribution of income from investment and operation of annuity funds is included in personal accounts, individuals will not pay personal income tax temporarily.
Three. Personal income tax treatment of receiving annuity
1. Individuals who reach the retirement age stipulated by the state and receive a monthly pension after the implementation of this notice shall pay personal income tax in full according to the applicable tax rate of "income from wages and salaries"; After the implementation of this notice, the annuities received annually or quarterly shall be equally distributed to each month, and personal income tax shall be levied in full at the applicable tax rate of "income from wages and salaries".
2. Units and individuals who started to pay annuity contributions before the implementation of this notice, as well as individuals who received annuities after the implementation of this notice, are allowed to deduct the part of annuity unit contributions and individual contributions paid before the implementation of this notice and pay personal income tax from their annuities, and the balance is taxed according to the provisions of Item 1 of Article 3 of this notice. Individuals who receive an annuity by installments may deduct the taxable income of the current period according to the percentage of the annuity payment paid before the implementation of this notice, and calculate and pay personal income tax according to the provisions of Item 1 of Article 3 of this notice.
3. For the annuity personal account funds that individuals receive in one lump sum for settling abroad, or the annuity personal account balance received in one lump sum after the death of their designated beneficiaries or legal heirs, the recipients are allowed to allocate the annuity personal account funds or balance received in one lump sum to each month according to 12 months, and calculate and pay personal income tax according to the provisions of Item 1 and Item 2 of Article 3 of this Notice. Except for the above-mentioned special reasons, if an individual receives the funds or balance of an annuity personal account in one lump sum, it shall not be shared, but the total amount received in one lump sum shall be regarded as one month's salary income alone, and personal income tax shall be calculated and paid in accordance with the provisions of Item 1 and Item 2 of Article 3 of this Notice.
4. When an individual receives an annuity, the tax payable shall be withheld and remitted by the trustee on behalf of the principal. The annuity account manager shall provide the trustee with the individual annuity payment and the corresponding individual income tax payment details in time. The custodian shall, according to the instructions of the trustee and the information provided by the account manager, calculate the tax payable of the withholding individual who receives the annuity treatment in the current period in accordance with the regulations, and report and pay it to the competent tax authorities where the custodian is located.
5. Units and annuity custodians that establish annuity plans shall, in accordance with the relevant provisions of the Individual Income Tax Law and the Tax Administration Law, implement detailed declaration of full withholding of all employees. The trustee has the responsibility to coordinate the relevant agents to handle the withholding declaration and provide relevant information to the tax authorities according to law.
4. The entity that establishes the annuity plan shall submit the annuity plan, the plan filing letter issued by the human resources and social security department, the plan confirmation letter and other relevant materials required by the competent tax authorities within the next month 15 days. Where the annuity plan, trustee and custodian are changed, the above information shall be re-submitted to the competent tax authorities within 15 days after the change.
Five, finance, taxation, human resources and social security and other relevant departments and pension institutions should strengthen coordination and cooperation, * * * to do a good job in policy implementation.
Six, the term "enterprise annuity" as mentioned in this notice refers to the supplementary old-age insurance system established voluntarily by enterprises and their employees on the basis of participating in the basic old-age insurance according to the provisions of the Trial Measures for Enterprise Annuities (Order No.20 of the former Ministry of Labor and Social Security). Occupational annuity refers to the supplementary old-age insurance system established by institutions and their staff on the basis of participating in the basic old-age insurance according to the Trial Measures for Occupational Annuities in Institutions (Guo Ban Fa [201] No.37).
Seven, this notice shall be implemented as of 20 14+0+0. The Notice of State Taxation Administration of The People's Republic of China on Issues Concerning the Collection and Management of Individual Income Tax on Enterprise Annuities (Guoshuihan [2009] No.694) and the Announcement of State Taxation Administration of The People's Republic of China on Supplementary Provisions on Issues Concerning Individual Income Tax on Enterprise Annuities (State Taxation Administration of The People's Republic of China Announcement No.2011No.9) shall be abolished at the same time.