Legal subjectivity: 1. The issue of personal income tax treatment of enterprise annuity and occupational annuity payments.
(1) The portion of enterprise annuity or occupational annuity unit contributions paid by enterprises and institutions in accordance with the methods and standards stipulated in relevant national policies for all employees working or employed in the unit shall not be paid by individuals when they are credited to their personal accounts.
Personal Income Tax.
(2) The portion of annuity personal contributions paid by an individual in accordance with relevant national policies, which does not exceed 4% of the tax base of the individual’s paid wages, will be temporarily deducted from the individual’s taxable income for the current period.
(3) Annuity unit payments and individual payments exceeding the standards stipulated in the above two provisions shall be incorporated into the individual’s current salary and salary income, and personal income tax shall be calculated and levied in accordance with the law.
The tax shall be withheld and paid by the unit that establishes the annuity, and shall be declared and paid to the competent tax authority.
(4) The tax base for personal annuity contributions is the individual’s average monthly salary in the previous year.
The average monthly salary is calculated according to the items included in the total salary statistics stipulated by the National Bureau of Statistics.
The portion of the average monthly salary that exceeds the average monthly salary of employees in the previous year in the districted city where the employee works is more than 300% shall not be included in the tax base for personal contribution wages.
The tax base for individual contributions to occupational annuities is the sum of the employee’s position salary and salary grade salary.
The part where the sum of employee position wages and salary scales exceeds 300% or more of the average monthly employee wages in the districted city where the employee works in the previous year will not be included in the tax base for personal contribution wages.
2. Personal income tax treatment of annuity fund investment and operating income.
When the annuity fund investment operation income distribution is included in the personal account, the individual will not pay personal income tax for the time being.
3. Personal income tax treatment for receiving annuity.
(1) When an individual reaches the retirement age stipulated by the state, the amount of the annuity received on a monthly basis after January 1, 2014 will be levied according to the tax rate applicable to the "salary and salary income" item; after the implementation of this notice, the amount will be levied on an annual basis
Or the annuity received on a quarterly basis is divided equally into each month, and the full monthly amount received is subject to personal income tax at the tax rate applicable to the "salary and salary income" item.
(2) For units and individuals that start paying annuity payments before January 1, 2014, and individuals receive annuities after January 1, 2014, they are allowed to deduct the amount paid before January 1, 2014 from the annuities they receive.
The balance of the annuity unit contributions and individual contributions paid and personal income tax has been paid shall be taxed in accordance with the provisions of the previous article.
In the case of an individual receiving an annuity in installments, the taxable income for the current period may be deducted based on the percentage of the annuity payment amount paid before the implementation of this notice to the total payment amount. The balance after deduction shall be determined in accordance with Article 3 of this notice ((
According to the provisions of item 1), personal income tax is calculated and paid.
(3) For the one-time annuity personal account funds that an individual receives due to leaving the country to settle down, or the annuity personal account balance that the designated beneficiary or legal heir receives after the individual’s death, the recipient is allowed to transfer the one-time annuity personal account balance.
Account funds or balances are apportioned to each month on a 12-month basis, and individual income tax is calculated and paid based on the monthly apportionment amount in accordance with the provisions of Article 3 (1) and (2) of this notice.
(4) When an individual receives an annuity, the tax payable shall be withheld and paid by the trustee on behalf of the trustee.
The annuity account manager should provide the custodian with personal annuity payment and corresponding personal income tax payment details in a timely manner.
Based on the instructions of the trustee and the information provided by the account manager, the custodian calculates and withholds the tax payable for the individual receiving annuity benefits in the current period in accordance with regulations, and declares and pays the tax to the competent tax authority where the custodian is located.
Legal objectivity: "Notice on Issues Concerning Individual Income Tax on Enterprise Annuities and Occupational Annuities" Article 1 1. Enterprises and public institutions (hereinafter collectively referred to as entities) shall, in accordance with the methods and standards stipulated in relevant national policies, provide services to persons who hold positions or are employed in the unit.
When the unit payment portion of enterprise annuity or occupational annuity (hereinafter collectively referred to as annuity) paid by all employees is included in the personal account, the individual will not pay personal income tax for the time being.
2. The portion of annuity personal contributions paid by an individual in accordance with relevant national policies, which does not exceed 4% of the tax base of the individual’s paid wages, will be temporarily deducted from the individual’s taxable income for the current period.
3. Annuity unit payments and individual contributions exceeding the standards stipulated in Items 1 and 2 of Article 1 of this Notice shall be incorporated into the individual’s wages and salaries for the current period, and personal income tax shall be calculated and levied in accordance with the law.
The tax shall be withheld and paid by the unit that establishes the annuity, and shall be declared and paid to the competent tax authority.