According to Caishui [2002] 19 1, no business tax is levied on equity transfer.
However, the existing tax policies and laws do not clearly explain whether the equity investment will naturally change its attributes after entering the secondary market, thus converting it into securities.
On June 20 13, State Taxation Administration of The People's Republic of China inspector and internal audit department issued the Notice of State Taxation Administration of The People's Republic of China inspector and internal audit department on soliciting the opinions of tax law enforcement inspectors of Guangxi Zhuang Autonomous Region Local Taxation Bureau (hereinafter referred to as the notice) (inspector's note [2065 438+02] 165 438+03) to Liuzhou Local Taxation Bureau, requesting the company to supplement it.
Through Liuzhou Local Taxation Bureau and Guangxi Local Taxation Bureau, the two-sided needle company stated to State Taxation Administration of The People's Republic of China the tax treatment basis and reasons for the company's sale of CITIC Securities equity business:
(1) The shares of CITIC Securities transferred by the company were1the original legal person shares obtained by the company as a sponsor in 1999, and became fully tradable shares after the share-trading reform in 2004. In essence, the sale of this part of the shares by the company should be defined as equity transfer. According to Article 2 of the Notice on Business Tax Related to Equity Transfer (Caishui 2002 19 1), business tax should not be paid.
(2) According to Item 4 of Article 5 of the Provisional Regulations of the People's Republic of China on Business Tax, the tax authorities determined that the company should pay business tax on the proceeds from the sale of CITIC Securities during 2009-201/kloc-0. The company believes that the tax authorities' determination of the corresponding purchase cost of CITIC Securities shares held before Feb. 3, 2008, and sold after Feb. 3, 2008, and 65,438+2009, 10, 0 conflicts with Item 4 of Article 5 of the Provisional Regulations of the People's Republic of China on Business Tax, and the company and the tax authorities have differences on how to determine the purchase cost.
(3) Based on the above situation, the company applied to State Taxation Administration of The People's Republic of China, People's Republic of China (PRC): business tax related to the sale of CITIC Securities by the company during 2009-20 1 1 will not be levied temporarily. As of 20 12 12 3 1, the company has not received the approval document from the tax authorities on how to calculate the tax on this matter.
The following areas will not levy business tax on this business for the time being.
The Beijing Local Taxation Bureau is obviously very cautious about whether enterprises pay business tax on the sale of restricted shares. 20 10 Beijing Local Taxation Bureau asked the State Administration of Taxation whether to levy business tax on the transfer of "non-small non-small" shares after the lifting of the ban, but the State Administration of Taxation has not yet answered.
In the policy interpretation (20 1 1, No.2, No.2) issued by Beijing Haidian Local Taxation Bureau in official website on March 29th, the tax administration section of the bureau pointed out that whether the foreign transfer income after the non-lifting of the ban is taxed or not is related to the unified implementation of the state, and it was formally clarified in the State Administration.
The recent tax policy solution issued in June, 2065438+00 in Dongjiang District, Ningbo City pointed out that business tax will not be levied for the time being after the sale without lifting the ban, until State Taxation Administration of The People's Republic of China makes it clear.