As for the lawyer's fee, we need to pay the lawyer. When lawyers collect legal fees, they should collect them according to the corresponding legal fees standards, and often need to pay some corresponding taxes and fees. Next, I will bring you the detailed knowledge of the tax standard of attorney fees, hoping to help you.
I. Tax standard for attorney fees
1, partner lawyer, taxable income = total income-costs, expenses and losses, personal income tax payable = taxable income × applicable tax rate.
2. Get a lawyer. Lawyers with fixed salary, lawyers with only commission income, lawyers with basic salary and commission, and lawyers with fixed part-time salary shall pay taxes according to their salary income.
After deducting the expenses for handling the case, the lawyers who have received the remuneration will be merged with the wages paid by the law firm, and personal income tax will be levied according to the taxable items of "income from wages and salaries".
For example, the lawyer's income from handling cases is 20 thousand yuan? The percentage of commission is 80% of the income from handling cases.
Taxable amount = [20000× 80 %× (1-35%)-3500 ]× 20%-555 = 825 (yuan).
Lawyers with basic salary plus commission will receive a basic salary of 2,000 yuan to pay the business training expenses organized by the Lawyers Association 10000 yuan/500 yuan, if the income from handling cases is10000 yuan, and the commission ratio is 70% of the income from handling cases.
Taxable amount = [2000+10000× 70 %× (1-35%)-1500-3500 ]×10%-105 = 50.
Second, do you need to hire a lawyer in civil litigation?
In civil litigation, if you know the law, you don't need to hire a lawyer; Otherwise, it is recommended to hire a lawyer. Hiring a lawyer as a defender has the following three advantages: 1. Lawyers can help the parties to analyze the case, advantages and disadvantages, provide constructive suggestions for the parties to make the most appropriate decision, and remind them to take effective legal measures in time. The rights and obligations of both parties to any dispute are contradictory, some are very obvious, some are hidden, some are direct and some are indirect. It is difficult for non-legal professionals to know the relative secret and indirect rights and obligations.
2. Lawyers can investigate and collect evidence in time according to the needs of the case, which is the basis for safeguarding the legitimate rights and interests of the parties.
3. Lawyers are familiar with litigation procedures, rules of evidence and laws and regulations, write legal documents for the parties and participate in litigation in person, which can protect the legitimate rights and interests of the parties to the greatest extent.
3. Who will bear the civil litigation expenses?
1. The litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
2. If the case is partially won or partially lost, the court shall decide the amount of litigation costs borne by each party according to the specific circumstances of the case.
3. If * * * loses the case with the litigant, the court will decide the amount of litigation costs borne by the litigant according to its interest in the litigation object.