Commodity futures refer to futures contracts with physical goods as the subject matter. Judging from the commodity futures market in developed countries, futures mainly include agricultural and sideline products, metal products and energy products. Specifically, there are about 20 kinds of agricultural and sideline products, among which soybean, corn and wheat are called the three major agricultural futures; There are 9 kinds of metal products, including gold, silver, copper, aluminum, lead, zinc, nickel, palladium and platinum; There are five kinds of energy chemical products, including crude oil, heating oil, unleaded gasoline, propane and natural rubber. At present, the varieties approved for listing by the CSRC mainly include soybean, soybean meal, soybean oil, wheat, sugar, copper, aluminum and natural rubber. According to the Notice of People's Republic of China (PRC) State Taxation Bureau on Printing and Distributing the Provisions on Some Specific Issues of Value-added Tax (Guo Shui Fa [1993] 154), commodity futures (including commodity futures and precious metal futures) should pay value-added tax.
Regarding the tax payment link, tax basis and how to determine the taxpayer of futures trading, the Notice of State Taxation Administration of The People's Republic of China on Issuing the Specific Measures for the Collection of Value-added Tax on Commodity Futures (Guo Shui Fa [1994] No.244) has the following provisions.
(1) The tax payment of value-added tax on goods futures trading is the physical delivery of futures. The Provisional Regulations on the Administration of Futures Trading (Article 267 of the State Council OrderNo. 1999 of the People's Republic of China) stipulates that the settlement of futures trading shall be organized by the futures exchange, and the delivery of futures trading shall be organized by the futures exchange.
(2) The tax basis of value-added tax on commodity futures trading is the price excluding tax at the time of delivery (excluding the actual turnover of value-added tax). Price excluding tax = price including tax ÷( 1+ VAT rate).
(3) The taxpayer of value-added tax on commodity futures trading is:
1. If the invoice is issued by the futures exchange at the time of delivery, the futures exchange shall be the taxpayer.
The value-added tax of the futures exchange shall be levied on a case-by-case basis, and the input tax shall be the output tax indicated on the special VAT invoice issued by the supplier at the time of delivery, and shall not be deducted from the various inputs of the futures exchange itself.
2. When the goods are delivered, the supplier member unit directly issues invoices to the purchasing member unit, and the supplier member unit is the taxpayer.
At the same time, in order to solve the problems of tax collection and special invoices related to premium and discount in futures trading, the Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on VAT Issues Related to Futures Trading of General VAT Taxpayers (Guo [2005]1060) also clearly stipulates that general VAT taxpayers who sell goods through futures trading on commodity exchanges can issue special VAT invoices according to the quantity of goods and settlement price indicated in the standard warehouse receipts, regardless of premium or discount.