Tax regulations
1. Definition of personal agent (broker) and commission
An individual insurance agent refers to a natural person who handles insurance business on behalf of an insurance enterprise within the scope authorized by the insurance enterprise, excluding individual industrial and commercial households.
A securities broker refers to a natural person other than a securities enterprise entrusted by the securities enterprise to engage in activities such as customer solicitation and customer service.
Commission refers to the labor remuneration given by operators to intermediaries with legal business qualifications who provide services to them in market transactions.
Tip: The individual agent (broker) who legally obtains the commission signs an agency contract with the unit that accepts its agency service, not a labor employment contract, and there is no employment relationship between them. Personal agent (broker) does not have any employee status of the entrusted enterprise, and its remuneration is personal labor remuneration obtained after providing independent agency and brokerage services to the client, rather than wages, salaries and other labor remuneration.
2. Provisions on value-added tax and additional collection after the reform of the camp.
Annex 1 of the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Comprehensively Pushing Forward the Pilot Project of Changing Business Tax to VAT (Caishui [2016] No.36) stipulates that individuals who provide paid services (except employees employed by their units or individual industrial and commercial households who provide wages for their own units or employers) belong to one of the VAT taxpayers and should pay VAT. The Notes on Sales Services, Intangible Assets and Real Estate stipulates that brokerage services refer to various brokerage, intermediary and agency services.
Therefore, the relevant income (all monetary and non-monetary income and other economic benefits) obtained by the above-mentioned personal agents (brokers) by any means of payment shall be subject to value-added tax and urban maintenance and construction tax at the rate of 3%. If the monthly sales exceed 6,543,800 yuan, education surcharge and local education surcharge shall be paid. Individual agents (brokers) whose monthly sales do not exceed 30,000 yuan (paying 90,000 yuan quarterly) shall be exempted from value-added tax according to regulations.
In view of the large number of individual agents, small amount, strong liquidity and other factors, Announcement No.45 stipulates that the national tax authorities and local tax authorities may entrust enterprises that pay commissions to collect value-added tax and local taxes according to regulations.
3. Special provisions on application for issuing special VAT invoices.
Announcement No.45 stipulates that when an enterprise entrusted by the tax authorities to collect taxes pays a handling fee to an individual agent (broker), it may apply to the competent tax authorities for collecting and issuing an ordinary VAT invoice or a special VAT invoice.
When applying for receiving and issuing VAT invoices, the above-mentioned enterprises shall issue a detailed list of information about individual agents (brokers) to the competent tax authorities, and record it together with the invoices as a list of VAT invoices.
Note: Announcement No.45 stipulates that individual agents (brokers) can apply for issuing special VAT invoices on their behalf when they get commissions, which is another major breakthrough after State Taxation Administration of The People's Republic of China stipulated that other qualified individuals can issue special VAT invoices on their behalf when selling or renting real estate.
Taxpayers who enjoy exemption from VAT shall not issue special VAT invoices. When an enterprise applies for issuing a special VAT invoice, no matter how much commission the individual agent (broker) gets, it can't be exempted from VAT. If you want to enjoy tax exemption, you can only apply for issuing an ordinary VAT invoice.
4. Deduct the exhibition expenses of two specific businesses.
The Individual Income Tax Law and its implementing regulations stipulate that individual income tax shall be paid according to "remuneration for labor services" for the income obtained by individuals engaged in agency business and brokerage business. The unit that pays the commission is the legal withholding agent, and the personal income tax is withheld and remitted according to law when paying the commission.
The Notice of State Taxation Administration of The People's Republic of China on Exemption from Personal Income Tax on the Commission Income of Insurance Salesmen (No.454 [2006] of the State) stipulates that since June 2006, no personal income tax will be levied on the exhibition expenses (tentatively 40%) obtained by insurance salesmen.
The Announcement of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on the Collection of Individual Income Tax on the Commission Income of Securities Brokers (Announcement No.45 of State Taxation Administration of The People's Republic of China No.20 12) stipulates that individual income tax is not levied on the exhibition cost (tentatively 40%) of the commission income obtained by securities brokers from 2012 to 10.
Announcement No.45 stipulates that insurance agents and securities brokers should deduct local tax surcharges and exhibition costs (commission income minus 40% of local tax surcharges) from their relevant income (excluding value-added tax), and calculate and pay personal income tax according to regulations. At the same time, it is stipulated that the commission obtained by individual agents other than individual insurance agents and securities brokers, after deducting the cost of the exhibition industry, is not subject to personal income tax.
case analysis
① Determination of taxable income
Commission, remuneration, service fee and other related income obtained within 1 month are regarded as primary income, that is, in the month when the enterprise plans to pay the commission, no matter how many times the individual agent (broker) obtains the commission, remuneration, service fee and other related income, it is taxed as primary income.
② Calculation of taxable income
Personal agents (brokers) of insurance and securities enterprises calculate taxable income in three steps:
The first step is to deduct the actual local tax surcharge from the commission income earned every month.
The second step is to calculate and subtract the exhibition fee.
When calculating the cost of convention and exhibition industry, we should pay attention to the change of calculation base. From August 2065438+2006, individual agents (brokers) should take the difference after deducting the local tax paid and multiply it by 40% as the exhibition cost. Previously, it was based on the initial commission income obtained without deducting business tax and additional fees, and the product multiplied by 40% was the exhibition cost.
The third step, the balance after deducting legal fees is taxable income.
When determining the expense deduction standard, it should be noted that the balance of commission income excluding tax minus local tax surcharge and exhibition cost is taxable commission income, so as to determine the expense deduction.
Personal agents in other industries such as credit cards and tourism calculate taxable income in two steps:
The first step is to deduct the actual local tax surcharge from the monthly commission income excluding VAT.
Step two, the balance after deducting legal fees is taxable income.
③ Calculation of tax payable
According to the tax law, the basic tax rate of labor remuneration is 20%; If the taxable income exceeds 20,000 yuan to 50,000 yuan, 50% shall be levied according to the taxable amount (the actual tax rate is 30%); For the part exceeding 50,000 yuan, 100% will be added (the actual tax rate is 40%).
In the case of 1, Mr. Liu, the agent of the insurance company, earned commission income of 4 1200 yuan on August 20 16, and the tax payable is calculated as follows:
Converted into commission income excluding tax: 41200 ÷ (1+3%) = 40,000 yuan;
Value-added tax levied by enterprises: 40,000× 3% =1.200 yuan;
Urban maintenance and construction tax levied by enterprises: 1200×7%=84 yuan;
Personal income tax withheld and remitted by the enterprise: [40000-84-(40000-84 )× 40% ]× (1-20% )× 20% = (39916-15966.40 )× 80.
Case 2: Ms. Zhang, the agent of credit card enterprise, earned commission income of 565,438+0 in 500 yuan in August 1965, and the tax payable is calculated as follows:
Converted into commission income excluding tax: 51500 ÷ (1+3%) = 50,000 yuan;
Value-added tax levied by enterprises: 50,000× 3% =10.5 million yuan;
Urban maintenance and construction tax levied by enterprises: 1500×7%= 105 (yuan);
Personal income tax withheld by enterprises: (50000-105) × (1-20% )× 30%-2000 = 9974.80 (yuan).
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.