1. Finance refers to businesses engaged in the circulation of monetary funds, including loans, financial leasing, financial commodity transfer, financial brokerage and other financial businesses.
(1) Loan refers to the business of lending funds to others, including loans with own funds and refinancing.
Self-owned funds loan refers to lending the self-owned funds or absorbed deposits of units and individuals to others for use.
Lending refers to lending borrowed funds to others for use.
The mortgage loan business of the pawn industry, regardless of its source of funds, is taxed according to its own funds. The loan business of China People's Bank is not taxed.
(2) Financial leasing refers to the equipment leasing business characterized by financing and ownership transfer. That is, the lessor purchases the equipment and rents it to the lessee according to the specifications, models, performance and other conditions required by the lessee. During the contract period, the ownership of the equipment belongs to the lessor and the lessee has only the right to use it. After the contract expires and the rent is paid, the lessee has the right to purchase the equipment at the residual value to own the ownership of the equipment. All financial leases, regardless of whether the lessor sells the residual value of the equipment to the lessee, shall be taxed according to this tax item.
(3) The term "transfer of financial commodities" refers to the transfer of ownership of foreign exchange, marketable securities or non-goods futures.
Non-cargo futures refer to futures other than commodity futures and precious metal futures, such as foreign exchange futures.
(4) The financial brokerage industry refers to the business entrusted to conduct financial activities on its behalf.
(5) Other financial services refer to various financial services other than those listed above, such as bank settlement and bill discount. No business tax is levied on deposits and purchases of financial commodities.
2. Insurance
Insurance refers to the business of collecting funds through contracts to compensate the economic interests of the insured.
I. Business tax
1. Determination of taxable turnover of financial industry
According to the regulations, the taxable turnover of the financial industry includes: loan interest, financial leasing income, financial commodity transfer income and fee income from financial services such as financial brokerage.
(1) loan business turnover
(1) The turnover of loan business is the interest that taxpayers get from loans.
(2) The turnover of loan business is the balance of loan interest minus loan interest.
③ The time when the financial institution's obligation to pay taxes on overdue loans occurs is the day when the taxpayer obtains the interest income right. For overdue loans that exceed the accounting period of overdue loans, business tax can be levied according to the interest income actually received.
The accounting period of loan collection shall be implemented according to the relevant provisions of the financial system.
④ Taxation of cashier's payment and settlement fines.
No business tax is levied on the long-term income of cashiers in financial institutions.
The income actually received by financial institutions in the current period, such as liquidated damages, penalty interest, interest rate increase, etc., should be incorporated into the turnover to collect business tax.
⑤ Withholding and paying business tax on entrusted loan business.
When a financial institution accepts the entrustment of other units or individuals to handle entrusted loan business for it, if the entrusting party's funds are transferred to the agency, the agency will lend the funds to the user unit or individual. When the business tax is levied, the agency that finally issues the loan to the user unit or individual and obtains the loan interest shall withhold and remit the business tax payable by the entrusting party and pay it to the local competent tax authorities.
⑥ On the issue of levying business tax on RMB loan business.
The RMB business approved by foreign banks shall be handled in accordance with the relevant provisions of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Relevant Issues Concerning the Collection of Business Tax in Financial Industry (Caishuizi [1995] No.79), that is, the RMB lending business shall be regarded as a general loan business, and the interest income business tax shall be levied in full; Business tax will not be levied on RMB interbank transactions between foreign-funded financial institutions for the time being.
⑦ Whether the business tax can be levied according to the foreign exchange business of lending when the self-owned funds are deposited in overseas banks for re-lending.
In the course of operation, some foreign banks deposit 30% of their own capital in the People's Bank of China, and the rest in overseas affiliated banks, and then borrow from affiliated banks when issuing loans. The part of the above-mentioned loans equivalent to the balance of self-owned funds deposits does not belong to the "foreign exchange lending business" mentioned in Article 2 of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China on Relevant Issues Concerning the Collection of Business Tax in Financial Industry (Caishuizi [1995] No.79), but has the nature of "lending self-owned funds to others for use" mentioned in Article 20 of the Detailed Rules for the Implementation of the Provisional Regulations of People's Republic of China (PRC), which is related to foreign banks.
(8) A rural cooperative foundation established in rural areas invests its own funds, absorbed shares and other funds into members or other units and individuals for use, and collects capital occupation fees, which belongs to the business of "lending funds to others for use" in the notes of business tax items. Therefore, whether it is self-service within the prescribed scope or service beyond the prescribed scope, business tax should be levied in full on the capital occupation fee or interest income collected in accordance with the tax item of "financial insurance".
Pet-name ruby about the specific operation of foreign exchange lending business when collecting business tax.
A. If the head office of each bank (excluding China Bank) borrows foreign exchange funds from overseas and lends them to users through branches, the branches shall calculate and pay taxes according to the loan interest charged to users, after deducting the loan interest fees paid to overseas. The specific operation mode is as follows:
The head office calculates the average lending rate of foreign exchange loans according to the amount of foreign exchange borrowed in the current year and its interest expenses, and issues it to all branches for implementation. Based on this, each branch calculates the interest expenses of foreign exchange loans lent by the branch, and the balance of the loan interest income received from users after deducting the interest expenses of foreign exchange loans lent by the branch is used as the turnover to calculate and pay business tax. At the end of the year, if there is any difference between the interest expense of foreign exchange loans allocated by branches to the Head Office and the interest expense of foreign loans paid by the Head Office, it shall be offset by the Head Office. If a bank branch borrows foreign exchange funds directly from abroad and then distributes them through its subordinate branches, the above measures shall also be implemented.
B. If the head office of China Bank borrows foreign exchange funds from abroad and lends them to users through its branches, the branches shall pay the business tax in full according to the interest received, and the interest expenses paid to overseas loans shall be deducted from its turnover by the head office.
C lending RMB business is regarded as general loan business, and business tax is levied on the full amount of interest income as turnover.
(2) Financial leasing turnover
Taxpayers engaged in financial leasing business shall take the balance of the total price and other expenses (including residual value) charged to the lessee MINUS the actual cost of the leased goods borne by the lessor as the turnover.
The actual cost of the leased goods includes the purchase price, customs duties, value-added tax, consumption tax, transportation and miscellaneous fees, installation fees, insurance fees and other expenses borne by the lessor.
(3) the turnover transfer of financial commodities
(1) The taxable sales of buying and selling foreign exchange refers to the income obtained by business operators from buying and selling foreign exchange according to changes in the foreign exchange market.
(2) The taxable sales of securities is the income from buying and selling foreign exchange according to the changes in the securities market, that is, the difference between the buying and selling prices of securities.
(4) the turnover of the financial brokerage industry
This refers to the handling fees earned by financial institutions engaged in financial brokerage business.
(5) Turnover of other financial businesses
This refers to the handling fees earned by financial institutions engaged in various other financial businesses.
(1) Business tax is levied on discount and bill business handled by financial institutions as "other financial business". The income from rediscount and rediscount business of financial institutions belongs to financial institutions, and business tax is not levied temporarily.
(2) According to the relevant provisions of the current financial system of financial and insurance enterprises and the requirements of regulating the financial management of financial and insurance enterprises, the fee income of national debt should be included in the unified accounting of operating income of financial institutions.
The above financial institutions include China People's Bank, commercial banks, insurance companies, securities companies, securities investment fund management companies, trust and investment companies, finance companies, urban credit cooperatives, rural credit cooperatives, etc.
2. Determination of taxable turnover of insurance industry
The turnover of the insurance industry is the premium obtained by insurance institutions operating insurance business.
Its calculation formula is:
Taxable insurance = taxable insurance this month+taxable insurance at the end of last month? D. Premium receivable from taxable insurance premium income this month
(1) On the Tax Issues of Insurance Companies Handling Savings Business
The deposit business refers to the business in which an insurance company does not directly collect the premium from the insured, but collects a certain amount of due return funds (called deposits) from the insured, and regards the income generated by deposits as premium income.
The turnover of savings business is calculated by multiplying the average savings balance of taxpayers during the tax payment period by the monthly interest rate converted from the one-year deposit rate published by the People's Bank of China. The average savings balance is the sum of the initial savings balance and the final tax balance multiplied by 50%.
After calculating the turnover of savings business according to the above provisions, the premium income of savings business should be deducted from the operating income of the subject of "premium income" when calculating the turnover of other businesses of insurance enterprises.
Taxpayers' income from accumulated savings belongs to the scope of business tax collection, and business tax should be levied in accordance with relevant regulations.
(2) The taxation of initial insurance and reinsurance business.
According to Article 21 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax, if the insurance industry implements reinsurance, the turnover of the initial insurance business is the balance of all premium income minus the premium paid to the reinsurance recipient. In order to simplify the procedures, in the actual collection process, the initial insurer can levy taxes according to the full amount of premium income it collects from the insured (that is, the premium expenditure is not deducted), and the business tax is not levied on the premium income obtained by the reinsurer temporarily.
3. Taxation of bill fees, voucher fees and post and telecommunications fees charged by financial institutions.
According to the relevant provisions of Article 5 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax, financial institutions sell bills, vouchers and checks while providing financial services. It belongs to the mixed sales behavior that should be subject to business tax, and the sales income should be incorporated into the turnover to collect business tax.
According to the relevant provisions of Article 5 of the Provisional Regulations of the People's Republic of China on Business Tax and Article 14 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax, the postal fees charged by financial institutions for providing financial and insurance services should also be incorporated into the turnover to collect business tax.
4. On the issue of levying business tax on offshore banks of foreign-funded financial institutions.
According to Article 7 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax and the principle that the location of financial institutions is the place where labor services occur, as stipulated in the Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on whether to levy business tax on interest and rental income earned by foreign enterprises in China (Guo Shui Fa [1997] No.035), domestic foreign-funded financial institutions engaged in offshore bank belong to providing business tax taxable services in China, and their interest income should be taxed according to regulations.
For offshore business income other than interest income obtained by foreign-funded financial institutions, for the convenience of management, the place where business tax taxable services occur is temporarily determined according to the interest income treatment method.
Offshore bank refers to the financial activities that banks absorb the funds of non-residents and serve them. Offshore banks include: foreign exchange deposits, foreign exchange loans, foreign exchange interbank lending, international settlement, issuance of large negotiable certificates of deposit, foreign exchange guarantee, consulting witness business and other businesses approved by the State Administration of Foreign Exchange.
5. If the financial and insurance industry settles its turnover in foreign exchange, how can it be converted into its turnover?
If the financial and insurance industry settles its turnover in foreign exchange, the financial industry will convert it into turnover according to the benchmark exchange rate announced by the People's Bank of China on the day of foreign exchange collection or at the end of the quarter, and the insurance industry will convert it into turnover according to the benchmark exchange rate announced by the People's Bank of China on the day of foreign exchange collection or at the end of the month, and calculate the business tax. After the taxpayer chooses which conversion rate, it shall not be changed within one year.
6. Determination of business tax payable
Industries generally involve local taxes, and the business tax rate is 5%. The calculation formula is:
Taxable amount = turnover × applicable tax rate
Second, the urban maintenance and construction tax
The tax basis of urban maintenance and construction tax is the business tax actually paid by taxpayers. The tax rates are 7%, 5% and 1% respectively. Calculation formula: tax payable = business tax × tax rate. Taxpayers in different regions implement different tax rates.
(1) If the taxpayer is located in Dongcheng District, Xicheng District, Chongwen District, Xuanwu District and the sub-district offices of Chaoyang District, Haidian District, Fengtai District, Shijing District, Mentougou District and Yanshan District, the tax rate is 7%;
(2) where the taxpayer is located in suburban counties and towns, the tax rate is 5%;
③ If the taxpayer's location is not within the scope of items ① and ②, the tax rate is1%;
Third, education surcharge.
The tax basis of education surcharge is the actual tax paid by taxpayers, and the surcharge rate is 3%. Calculation formula: education surcharge payable = business tax payable × tax rate.
Four. business income tax
The enterprise income tax of the financial industry shall be uniformly paid by the state tax authorities.
Verb (abbreviation of verb) property tax
If the enterprise has property rights, it needs to pay property tax.
Property tax is a tax levied on domestic units and individuals with property rights in cities, counties, towns and industrial and mining areas according to the original value of property tax or rental income.
(1) The tax rate is 1.2% based on the original value (assessed value) of the property tax. The calculation formula is:
Annual taxable amount of property tax = original value (assessed value) × (1-30% )× 1.2%.
(2) If the rental income is the tax basis, the tax rate is 12%. The calculation formula is:
Annual taxable amount of property tax = annual rental income × 12%
If the unit is a "foreign-invested enterprise or foreign enterprise", it should pay the urban real estate tax.
Intransitive verb urban land use tax
Urban land use tax is a kind of tax levied on units and individuals who have the right to use land in cities, counties, towns and industrial and mining areas according to the actual occupied land area.
Annual tax payable = ∑ (land area at all levels * corresponding tax amount). The tax grade of urban land in Beijing is divided into six levels, and the tax standard of each level of land is: the annual tax per square meter of first-class land is 10 yuan; The annual tax of secondary land is in 8 yuan per square meter; The annual tax per square meter of Grade III land is 6 yuan; The annual tax per square meter of Grade IV land is 4 yuan; The annual tax per square meter for Grade 5 land is 1 yuan; 0.5 yuan, the annual tax per square meter for Grade VI land.
If the unit belongs to a foreign-invested enterprise or foreign enterprise, it shall pay the land use fee of the foreign-invested enterprise.
Seven, vehicle and vessel use tax
If you own a motor vehicle, you must also pay the corresponding vehicle and vessel use tax.
Vehicle and vessel use tax is a kind of property behavior tax levied on vehicles driving on public roads and ships sailing in domestic rivers, lakes or territorial ports according to the type, tonnage and prescribed tax amount. The calculation formula is:
Taxable amount of passenger cars = number of taxable vehicles * unit tax.
Taxable amount of trucks = vehicle deadweight or net tonnage * unit tax.
Taxable amount of motorcycles = number of taxable vehicles * unit tax.
If the unit is a foreign-invested enterprise or foreign enterprise, the vehicle and vessel license tax shall be paid.
Eight. stamp tax
Stamp duty is a kind of voucher tax with behavioral nature, which is levied on all kinds of vouchers listed in the provisional regulations on stamp duty in economic activities and economic exchanges. It is divided into ad valorem tax and specific tax.
Tax payable = tax amount * tax rate, tax payable = number of vouchers * unit tax amount.
1, the loan contract signed by the finance department directly with the user will not be discounted for the time being; Where a financial unit is entrusted with a loan, the loan contract signed by the financial unit and the user unit shall be stamped as required.
2. Inter-bank borrowing mentioned in the table of stamp tax items and tax rates refers to the mutual financing of short-term funds between banks and non-bank financial institutions according to the provisions of the national credit system. Inter-bank lending contracts are not tax vouchers and are not stamped.
3. The basis for determining the interbank lending contract is the Notice of the People's Bank of China on Printing and Distributing the Trial Measures for the Administration of Interbank Lending (Yinfa (1990) No.62). All interbank lending contracts signed in accordance with the prescribed interbank lending period and interest rate shall not be sealed; Who do not meet the conditions, according to the loan contract for decals.
4. The account books set up by institutions at all levels of the People's Bank of China for managing the treasury business and entrusting institutions at all levels of specialized banks to act as agents for the treasury business are not the account books for accounting the bank's own business, and are not stamped.
Nine. contract tax
If the enterprise undertakes the real estate, it still needs to pay the deed tax in time
Deed tax is a tax levied on units and individuals who undertake land use rights and house ownership when transferring land and house ownership in People's Republic of China (PRC). Deed tax is based on the transaction price of land use right and house ownership transfer. At present, the current deed tax rate in Beijing is 3%, and the tax payable is equal to the transaction price of real estate or the appraised price * tax rate.
X. personal income tax
Personal income tax is a tax levied on taxable income obtained by individuals. The unit or individual who pays the income is the withholding agent of personal income tax, and it is the legal obligation of the withholding agent to withhold and remit personal income tax in accordance with the provisions of the tax law.
According to the provisions of the document number. Beijing Local Taxation Bureau [1998] 105, after deducting the actual business tax, the marketing expenses can be deducted according to the balance ratio of 15%, and then the tax payable is calculated according to the expense deduction standard stipulated in the tax law and the applicable tax rate.