Specific provisions:
The stock trading business belongs to the business scope of financial commodity trading.
1. Notes on business tax items (Trial Draft) Article 3 The transfer of ownership of foreign exchange, marketable securities or non-cargo futures is collectively referred to as the transfer of financial commodities and falls under the tax item of "financial insurance".
2. Article 7 of State Taxation Administration of The People's Republic of China's Measures for the Administration of People's Republic of China (PRC) Financial and Insurance Business Tax Declaration (Guo Shui Fa [2002] No.9) stipulates that the transfer of financial commodities refers to the transfer of ownership of foreign exchange, marketable securities or non-commodity futures, including the transfer of stocks, bonds, foreign exchange and other financial commodities.
3. Item (9) of Article 3 of the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance of People's Republic of China (PRC) on Several Policy Issues concerning Business Tax (Cai Shui [2003] 16) stipulates that the scope of financial commodities includes "stocks, bonds, foreign exchange and other financial commodities".
According to the provisions of the above tax laws and regulations, the current tax law has made it clear that the stock trading (transfer) business belongs to the scope of business tax, and the tax item is financial insurance-financial commodity transfer.
Business tax has been levied on stock trading since 2009.
Article 5 of the revised Provisional Regulations of the People's Republic of China on Business Tax (Order No.540 of the State Council) and Article 18 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax (Order No.52 of People's Republic of China (PRC) Ministry of Finance and State Taxation Administration of The People's Republic of China), which came into effect in 2009, stipulate that the turnover of foreign exchange, marketable securities, futures and other financial commodities operated by taxpayers is the balance after the selling price is deducted from the buying price.
So far, the applicable subject of taxable behavior of buying and selling financial commodities has been expanded from "financial institutions" to "all units or individuals", and the scope of application has been increased to "other financial commodities". The revised "Detailed Rules for the Implementation of the Provisional Regulations on Business Tax" stipulates that all taxpayers should collect business tax when buying and selling financial commodities, and cancels the original provision that non-financial institutions and individuals should not collect business tax when buying and selling financial commodities. Therefore, starting from 2009, business tax should be levied on the stock trading business of unit and individual taxpayers.
Personal stock trading business is temporarily exempt from business tax.
Considering the present situation of China's capital trading market, the national finance and taxation department has issued the tax exemption regulations for stock trading business accordingly. 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 Several Tax Exemption Policies for Personal Financial Commodity Transactions (Caishui [2009] No.65438+0 1) stipulates that as of June 65438+1day, 2009,
Based on the above provisions, since June 5438+1 October1day, 2009, all unit taxpayers engaged in stock trading business will be subject to business tax; Stock exchanges of individual industrial and commercial households and other individuals are exempt from business tax.