Due to the accounting of partnership enterprises, the Ministry of Finance has not issued a special accounting system (standard), so in practice, there is no unified regulation or unified opinion on the accounting subjects in which the partnership enterprises receive the capital contributions from partners. Most people support that the amount of partners' investment in general partnership enterprises should be included in the subject of "partner capital"; For private equity funds of partnership nature, most of them are included in the "partner fund" subject. Others directly refer to the Accounting Standards for Small Enterprises when accounting for partnership enterprises, and include the capital contribution of partners in "paid-in capital" and "capital reserve". Including the Provisions on Accounting Treatment of Related Business of Law Firms (Cai Shui [221] No.22), it is also clear in "1. Scope of Application and Basic Principles" that "the firm shall conduct accounting treatment in accordance with the Accounting Standards for Small Enterprises (Cai Shui [211] No.17) and these Provisions. According to the relevant provisions of the accounting standards for small enterprises, firms can also choose to implement the accounting standards for business enterprises. Firms that have implemented accounting standards for business enterprises may not be converted to implementing accounting standards for small businesses. " Most law firms are partnerships. In other words, a partnership enterprise can decide the accounting subjects of the amount of capital contribution of partners according to its own situation. Different accounting subjects have an impact on whether stamp duty is paid in the fund account books. Should the fund account books of the partnership pay stamp duty? -There is some controversy about this issue in practice. Let's take a look at the relevant regulations: 1. The Notice of State Taxation Administration of The People's Republic of China on Stamp Duty on Capital Account Books (Guo Shui Fa [1994] No.25) stipulates that since January 1, 1994, after the production and business operation entities implemented the "two regulations", the tax basis of stamp duty on their capital account books was changed to the total amount of "paid-in capital" and "capital reserve". If the total amount of paid-in capital and capital reserve is greater than the original funds, the increased part of the subsidy will be printed after the new account book is implemented by the enterprise. 2. Article 5 of the Stamp Tax Law (Presidential Decree No.89 of 13th Session) stipulates that the tax basis of stamp duty is as follows: (3) The tax basis of taxable business books is the total amount of paid-in capital (share capital) and capital reserve recorded in the books. Therefore, judging from the above two provisions, as long as the equity accounting of the partnership enterprise is not included in the "paid-in capital (share capital)" and "capital reserve", the fund account book does not need to pay stamp duty. On January 12, 218, in the official website of State Taxation Administration of The People's Republic of China, 12366' s tax consultation reply stated that the contribution of the partnership enterprise is not included in the "paid-in capital" and "capital reserve", and stamp duty on fund account books is not levied. The details are as follows: Q: Should the partners of the partnership pay the stamp duty on the business books? Stamp duty on business books should be paid according to five ten thousandths of the sum of the balance of "paid-in capital" and "capital reserve", while the partnership enterprise has no registered capital, and its capital contribution is essentially different from the paid-in capital of the company. Is it necessary to pay stamp duty on business books in this case? Answer: The contribution of the partnership enterprise is not included in the "paid-in capital" and "capital reserve", and stamp duty is not levied on the fund account book. However, State Taxation Administration of The People's Republic of China's 12366 tax consultation reply is not a formal tax document after all, and can only be used for reference. As can be seen from the above provisions and the answers of tax bureaus at all levels in 12366, the key point of whether to levy stamp duty is the enterprise accounting. If the paid-in capital and capital reserve are included in the enterprise accounting, the tax bureau can levy taxes in accordance with the Provisional Regulations on Stamp Duty, the implementation rules and Guo Shui Fa [1994] No.25. By the same token, after the Stamp Tax Law was formally implemented on July 1, 222, the tax bureau can still collect taxes according to law if the investment of partners in the partnership is still included in the accounting of "paid-in capital" and "capital reserve". According to jurisprudence, if the provisions of the tax law are unclear, they can be implemented in accordance with the understanding that is beneficial to taxpayers. However, the "Stamp Tax Law" does provide a very clear tax basis for the stamp duty of capital account books, and it does not rule out that some forms of enterprises may not have to pay it. Before the legislature makes an explanation of the legal provisions, it can only be implemented according to the literal meaning of the legal provisions. Therefore, partnership enterprises, including all kinds of partnership firms, should not use "paid-in capital (share capital)" and "capital reserve" in equity subjects if they want to avoid stamp duty on capital books.