Ministry of Finance and State Administration of Taxation
Notice on tax policies related to rural finance
Finance and Taxation [2010] No. 4
Provinces and autonomous regions , Finance Departments (Bureaus) of municipalities directly under the Central Government and cities under separate state planning, State Taxation Bureaus, Local Taxation Bureaus, and Finance Bureau of Xinjiang Production and Construction Corps:
In order to support rural financial development and solve the problem of farmers’ loan difficulties, with the approval of the State Council, The relevant tax policies for rural finance are hereby notified as follows:
1. From January 1, 2009 to December 31, 2013, the interest income from small loans to farmers by financial institutions is exempt from business tax.
2. From January 1, 2009 to December 31, 2013, when calculating taxable income, the interest income from small loans to farmers by financial institutions will be included in the total income at a rate of 90%.
3. From January 1, 2009 to December 31, 2011, for rural credit cooperatives, village banks, rural capital mutual cooperatives, loan companies and legal persons wholly sponsored by banking institutions The financial and insurance industry income of rural cooperative banks and rural commercial banks whose institutions are located in counties (including county-level cities, districts, and banners) and areas below counties are levied a business tax at a reduced rate of 3%.
IV. From January 1, 2009 to December 31, 2013, when calculating the taxable income, the premium income obtained by insurance companies from providing insurance business for the planting and breeding industries shall be calculated as follows: 90% reduction in income.
5. The term “farmers” as mentioned in this notice refers to households that have lived in the administrative areas of towns (excluding Chengguan Town) for a long time (more than one year), and also include long-term residents in the administrative villages under the jurisdiction of Chengguan Town. Households within the scope and households with registered residence outside the local area but have lived in the local area for more than one year, employees of state-owned farms and rural individual industrial and commercial households. Collective households of state-owned economic agencies, groups, schools, enterprises and institutions located within the administrative areas of towns (excluding Chengguan Town) and within the administrative villages under the jurisdiction of Chengguan Town; have local household registration, but the family has gone out to make a living for one year The above households are not farmers, regardless of whether they retain contracted farmland. Farmers take the household as the statistical unit and can engage in both agricultural production and operation and non-agricultural production and operation. The determination of farmers' loans should be based on whether the borrower is a farmer when the loan is issued.
The term "small loan" as mentioned in this notice refers to a single loan with a total loan balance of less than 50,000 yuan (including 50,000 yuan).
The term "village bank" as mentioned in this notice refers to a bank established in rural areas with investment from domestic and foreign financial institutions, domestic non-financial institutions, corporate legal persons, and domestic natural persons with the approval of the China Banking Regulatory Commission in accordance with relevant laws and regulations. It is a banking financial institution that mainly provides financial services for local farmers, agriculture and rural economic development.
The term "rural mutual fund cooperative" as mentioned in this notice refers to a rural cooperative that is approved by the banking regulatory agency and is composed of townships (towns), administrative villagers and rural small businesses that voluntarily participate in shares, and provides members with deposits, loans, and settlement services. Community mutual banking financial institutions with other businesses.
The term “loan companies wholly-owned and established by banking institutions” as mentioned in this Notice refers to loans approved by the China Banking Regulatory Commission in accordance with relevant laws and regulations and established by domestic commercial banks or rural cooperative banks in rural areas. A non-banking financial institution established specifically to provide loan services to farmers, agriculture and rural economic development in counties.
The counties (county-level cities, districts, banners) mentioned in this notice do not include urban areas under the jurisdiction of cities (including municipalities directly under the Central Government and prefecture-level cities).
The term “premium income” as mentioned in this notice refers to the balance of original insurance premium income plus ceded premium income minus ceded premium income.
6. Financial institutions should separately account for interest income from small loans to qualified rural households. Those that cannot be accounted for separately shall not be subject to the preferential policies stipulated in Articles 1 and 2 of this notice.
7. Rural credit cooperatives that apply the preferential policy of temporarily exempting or halving corporate income tax until the end of 2009 will implement the preferential corporate income tax policy stipulated in Article 2 of this notice after the current policy expires.
8. Financial institutions that are subject to the preferential business tax policies stipulated in Articles 1 and 3 of this Notice shall be exempted or reduced from the business tax from January 1, 2009 to the date of issuance. , which will be deducted or refunded from the future business tax payable.
9. "Notice of the Ministry of Finance and the State Administration of Taxation on Taxation Policies for Rural Credit Cooperatives in Pilot Areas" (Caishui [2004] No. 35) Article 2, "Notice of the Ministry of Finance and the State Administration of Taxation on Further Expanding Rural Credit Cooperatives in Pilot Areas" The second provision of the Notice on Tax Policy Issues of Credit Unions (Caishui [2004] No. 177) will cease to be implemented from January 1, 2009.
The Ministry of Finance and the State Administration of Taxation
May 13, 2010
The State Administration of Taxation and the State Administration of Taxation issued the "Business Tax Declaration for the Financial and Insurance Industry" "Administrative Measures" Notice Guoshuifa [2002] No. 9 Date of issuance: 2002-01-07 Font: Large, Medium, Small
The National Taxation Bureau and Local Taxation Bureau of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning:
p>The "Measures for the Administration of Business Tax Declaration in the Financial and Insurance Industry" are hereby issued to you, and will be implemented as of February 1, 2002. Guoshuifa [2000] No. 15 "State Administration of Taxation on the Issuance of the "Management of Business Tax Declaration for the Financial and Insurance Industry" The "Notice of Trial Implementation Measures" shall be abolished at the same time. ?In view of the fact that the business tax collection and management of the financial and insurance industry by the local state taxation bureaus (except the Beijing Municipal State Taxation Bureau) will end at the end of 2002, the "Financial and Insurance Industry Business Tax Declaration Management Measures" will be implemented by the local taxation bureaus in various places, with the cooperation of the local state taxation bureaus. .
The issuance of the "Measures for the Administration of Business Tax Declaration in the Financial and Insurance Industry" is a major measure to strengthen business tax management, promote the informatization and modernization of business tax management, ensure business tax revenue, and ensure the completion of taxation tasks in 2002. Tax authorities in all regions must attach great importance to it. , take resolute and powerful measures to ensure the implementation of this policy.
State Administration of Taxation
January 30, 2002
Chapter 1 General Provisions of the Financial and Insurance Industry Business Tax Declaration Management Measures
< p> Article 1 According to the "Tax Collection and Administration Law of the People's Republic of China" (hereinafter referred to as the Tax Collection and Administration Law), the "Provisional Regulations of the People's Republic of China on Business Tax" (hereinafter referred to as the "Regulations"), the "Tax Collection and Administration Law of the People's Republic of China" (hereinafter referred to as the "Regulations"), These Measures are formulated based on relevant regulations such as the Implementation Rules of the Interim Regulations on Business Tax of the State (hereinafter referred to as the Implementation Rules), the Notice of the Ministry of Finance and the State Administration of Taxation on Issues Concerning the Collection of Business Tax in the Financial Industry (Caishuizi [1995] No. 79). Chapter 2 Scope of ApplicationArticle 2 These Measures apply to taxpayers and withholding agents of business tax in the financial and insurance industries.
Article 3 Taxpayers in the financial and insurance industry refer to:
(1) Banks: including the People’s Bank of China, commercial banks, and policy banks.
(2) Credit unions.
(3) Securities companies.
(4) Financial leasing companies, securities fund management companies, finance companies, trust investment companies, and securities investment funds.
(5) Insurance companies.
(6) Other institutions established and operating financial and insurance businesses approved by the People's Bank of China, the China Securities Regulatory Commission, and the China Insurance Regulatory Commission.
Article 4 The withholding agent is the financial institution entrusted with issuing loans.
Chapter 3 Scope of Taxation in the Financial and Insurance Industry
Article 5 Loan refers to the business of lending funds to others for a fee (including discounting and billing). The act of investing monetary funds but receiving fixed profits or guaranteed profits also belongs to the loan business referred to here. According to different sources of funds, loans are divided into two types: foreign exchange on-lending business and general loan business:
(1) Foreign exchange on-loan business refers to that financial enterprises directly borrow foreign exchange funds from abroad and then lend them to domestic enterprises. Enterprises or other units or individuals. After the head office of each bank borrows foreign exchange funds from abroad, and then lends them to domestic entities or individuals through its affiliated branches, it is also a foreign exchange on-lending business.
(2) General loan business refers to various loans other than foreign exchange on-lending.
Article 6 Financial leasing (also known as financial leasing) refers to the financing nature and ownership transfer characteristics of entities that have been approved by the People’s Bank of China or the Ministry of Foreign Trade and Economic Cooperation to engage in financial leasing business. Equipment rental business.
Article 7 The transfer of financial products refers to the act of transferring the ownership of foreign exchange, securities or non-goods futures. Including: stock transfer, bond transfer, foreign exchange transfer, and other financial product transfer.
Article 8 Financial brokerage business and other financial businesses refer to intermediary businesses that are entrusted to operate financial activities on behalf of others. Such as entrustment business, agency business, consulting business, etc.
Article 9 Insurance Business.
Article 10 The following businesses are not subject to business tax:
(1) Interest income from financial institutions refers to the interest income obtained from mutual appropriation and lending of funds between financial institutions.
(2) The insurance company’s share of reinsurance expenses.
Chapter 4 Determination of Turnover
Article 11 The turnover of general loan business is loan interest income (including various interest increases, penalty interest, etc.).
Article 12 Foreign exchange on-lending business includes:
(1) The foreign exchange on-lending business engaged in by the Bank of China system, such as a higher-level bank borrowing foreign exchange funds and then transferring them to a lower-level bank for lending. For domestic users, all interest income collected from borrowers by lower-level banks will be regarded as turnover (including interest calculated at the base rate and various interest increases, penalty interest, etc.). For higher-level banks that borrow foreign exchange, the balance of loan interest income and other payable business tax income minus interest payments on overseas borrowings is the turnover.
(2) For foreign exchange on-lending business conducted by other banks, if the higher-level bank borrows foreign exchange funds and then transfers them to the lower-level bank to lend to domestic users, the lower-level bank will deduct the entire interest income collected from the borrower. The balance after deducting the borrowing interest expenses approved by the superior bank is the turnover. If the amount of borrowing interest expenses approved by the superior bank is inconsistent with the actual expenditure, the superior bank shall make up for it from the business tax payable by it.
Article 13 A financial lease shall be calculated using the straight-line method as the balance of the total price and extra-price charges (including residual value) collected from the lessee minus the actual cost of the leased goods borne by the lessor. Output the current period’s turnover. The calculation method is: turnover for the current period = (all prices and extra-price charges that should be collected - actual cost) × (number of days in the current period/total number of days), actual cost = original purchase price of goods + tariff + value-added tax + consumption tax + transportation and miscellaneous charges + Installation fee + Insurance premium + Interest expense on foreign exchange borrowings paid overseas.
Article 14 Financial product transfer business is divided into four categories: stocks, bonds, foreign exchange, and other categories. The positive and negative differences arising from the purchase and sale of financial products of different types in the same category can be offset within the same tax period. If a negative difference still occurs after offsetting, the difference can be carried forward to the next tax period to offset. However, if a negative difference still occurs at the end of the year, the difference shall not be Carry over to the next fiscal year. The purchase price of financial products can be calculated according to the weighted average method or the moving weighting method, and it cannot be changed within one year after selection.
(1) Stock transfer Turnover is the price difference income from buying and selling stocks, that is, turnover = selling price – buying price. The stock purchase price refers to the original purchase price and shall not include various fees and taxes paid in the process of purchasing the stock. The selling price refers to the original selling price, without deducting any fees and taxes paid during the selling process.
(2) Bond transfer Turnover is the price difference income from buying and selling bonds, that is, turnover = selling price – buying price. The bond purchase price refers to the original purchase price and shall not include various fees and taxes paid during the bond purchase process. The selling price refers to the original selling price, without deducting any fees and taxes paid during the selling process.
(3) Foreign exchange transfer Turnover is the price difference income from buying and selling foreign exchange, that is, turnover = selling price – buying price. The purchase price of foreign exchange refers to the original purchase price and shall not include various fees and taxes paid in the process of purchasing foreign exchange. The selling price refers to the original selling price, without deducting any fees and taxes paid during the selling process.
(4) Transfer of other financial products Turnover is the price difference income of other financial products, that is, turnover = selling price – buying price. The purchase price of other financial products refers to the original purchase price and shall not include various fees and taxes paid in the process of purchasing other financial products. The selling price refers to the original selling price, without deducting any fees and taxes paid during the selling process.
Article 15 All income from financial brokerage business and other financial business (intermediary business) in the form of handling fees (commissions) includes out-of-price advances, collection and payment fees (such as postal and telecommunications fees) fee, cost of production), etc., no deductions shall be made therefrom.
Article 16 Insurance (1) The premiums collected from policyholders for primary insurance business? The turnover is the total price collected from the other party by the taxpayer for operating insurance business, that is, all the insurance collected from the insured. fee. (2) Deposit business: If an insurance company obtains economic benefits by collecting deposits (that is, using the interest income from the insurance funds paid by the insured as premium income, and returning the principal of the insurance funds to the insured after the expiration of the insurance period) , the turnover of its "savings business" is the taxpayer's average savings balance during the tax period multiplied by the monthly interest rate on one-year deposits announced by the People's Bank of China. The average savings balance is the sum of the savings balance at the beginning of the tax period and the balance at the end of the tax period multiplied by 50%.
Article 17 Conversion of Foreign Currency into RMB If the financial and insurance industry settles its turnover in foreign exchange, it shall calculate the turnover after converting the foreign currency into RMB. In principle, the financial industry converts its turnover based on the benchmark exchange rate announced by the People's Bank of China on the day it receives foreign exchange or at the end of the quarter, and the insurance industry converts its turnover based on the benchmark exchange rate announced by the People's Bank of China on the day it receives foreign exchange or the last day of the month. Turnover; after approval by the provincial tax authorities, it is allowed to convert the turnover into other benchmark exchange rates stipulated in the financial system.
Chapter 5: Time of Incurrence of Tax Obligation
Article 18 Loan business shall be governed by the "State Notice on the Time of Incurrence of Business Tax Obligation of Bank Loan Interest Income" (State Taxation Development Bureau [2001] 〕No. 38) execution.
Article 19 For financial leasing business, the tax liability occurs on the day when the rental income is obtained or the receipt of payment for the rental income is obtained.
Article 20 For financial product transfer business, the time when tax liability occurs is the date when the ownership of the financial product is transferred.
Article 21 For financial brokerage and other financial businesses, the tax liability occurs on the day when business income is obtained or the receipt of payment for business income is obtained.
Article 22 For insurance business, the time when tax liability occurs is the day when the premium income is obtained or the receipt of payment for the premium income is obtained.
Chapter 6 Declaration of Tax Payments
Article 23 Taxpayers shall declare taxes to the competent tax authorities in accordance with the relevant provisions of the tax collection and administration laws, regulations, and implementation rules, and submit the following materials : (1) "Business Tax Return for Financial and Insurance Industry". ? (2) "Details of interest income from loans (including discounts, bills, overdrafts, etc.)". (3) "Detailed Statement of Interest Income from Foreign Exchange Re-Lending" (4) "Detailed Statement of Interest Income from Entrusted Loans" (5) "Detailed Statement of Financial Lease Income" (6) "Detailed Statement of Price Difference Income from Self-operated Trading of Stocks" (7) " Detailed table of spread income from self-operated trading of bonds" (8) "Detailed table of spread income from proprietary trading of foreign exchange spreads" (9) "Detailed table of spread income from proprietary trading of other financial commodities" (10) "Monthly income from financial brokerage and other financial services Summary Statement" (11) "Detailed Statement of Premium Income" (12) "Detailed Statement of Savings Business Income" (13) Other information specified by the competent tax authorities
Article 24 Financial Requirements for filling out business tax declaration materials for the insurance industry (1) Fill out various forms according to the requirements of the form filling instructions, and submit them in triplicate to the national and local tax authorities respectively. After the tax authorities sign for receipt, one copy will be returned to the taxpayer and the other two copies will be retained. (2) "Detailed Statement of Interest Income from Loans (Including Discounts, Bills, Overdrafts, etc.)", "Detailed Statement of Interest Income from Foreign Exchange Re-Lending", "Detailed Statement of Interest Income from Entrusted Loans", "Detailed Statement of Financing Lease Income", "Detailed Statement of Interest Income from Foreign Exchange Loans", "Detailed table of spread income from stock trading", "Detailed table of spread income from proprietary trading of bonds", "Detailed table of spread income from proprietary trading of foreign exchange spreads", "Detailed table of spread income from proprietary trading of other financial commodities", "Detailed table of spread income from proprietary trading of other financial products", "Financial brokerage business and others" Financial Business Income Monthly Summary Detailed Statement, Premium Income Detailed Statement, Savings Business Income Detailed Statement and other tables. Taxpayers can fill in various contents according to their own circumstances. Whether the business that is not carried out needs to submit the corresponding empty form. The tax authorities of each province shall decide according to the actual situation.
Article 25 Banks, finance companies, trust investment companies, and credit unions use one quarter as the tax payment period. The loan interest income due to the above-mentioned financial institutions in the last ten days of each quarter can be taxed in this quarter. To pay business tax, you can also pay business tax in the next quarter, but it cannot be changed within one year after it is determined. Other financial institutions use one month as the tax payment deadline. If a quarter is a tax period, or a month is a tax period, taxes must be declared and paid to the competent tax authorities after the end of the quarter or within the 10th day of the following month respectively.
Article 26 The electronic declaration method for business tax in the financial and insurance industry shall be implemented.
Chapter 7 Supplementary Provisions
Article 27 Taxpayers who fail to declare and pay taxes as required or who commit other violations shall be punished in accordance with the relevant provisions of the Collection and Administration Law.
Article 28 These Measures will be implemented from February 1, 2002.