Can personal charitable donations be deducted from personal income tax? Can reduce the taxable income
The Regulations for the Implementation of the Individual Income Tax Law stipulates that donations made by individuals to public welfare undertakings such as education and areas suffering from serious natural disasters and poverty-stricken areas through social organizations and state organs in China can be deducted from taxable income.
The following policies are specifically targeted at the Wenchuan earthquake:
1. Donations made by individuals to disaster areas through withholding units shall be deducted by withholding units according to the facts with the summary donation credentials issued by * * * organs or non-profit organizations and the detailed list of personal donations recorded by withholding units.
Second, if an individual directly donates money or withholds taxes to the disaster-stricken areas through * * * organs and non-profit organizations, the donor shall promptly show the withholding unit the donation credentials issued by * * * organs and non-profit organizations, and the withholding unit shall withhold taxes according to the facts; Individuals who declare and pay taxes by themselves shall be deducted by the tax authorities according to the facts according to law with the donation receipts issued by the * * * organs and non-profit organizations.
Three, withholding units in the tax authorities to declare the full withholding of personal income tax, should be submitted together by the XX organ or non-profit organizations issued by the donation receipt summary table (copy), the total donation of each taxpayer in the unit and the current deduction of donations.
Four, the tax authorities at all levels should be in the spirit of encouraging taxpayers to donate, while strengthening the management of donation deduction, widely publicize the policies, methods and procedures of donation deduction through various media, provide high-quality tax service, and facilitate the specific operation of withholding units and taxpayers.
The salary is 5,000 yuan, and 500 yuan is donated to the Red Cross. If personal income tax is calculated, 500 yuan's charitable donation can be fully deducted within 30%.
Taxable amount: (5000-500-3500)*3%=30.
Is it tax deductible to donate to the Red Cross? Donations to the local Red Cross are not tax-deductible.
Notice of the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs on Issues Concerning Pre-tax Deduction of Public Welfare Donations (Caishui [2008] 160) and Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on Issues Concerning Pre-tax Deduction of Public Welfare Donations of Public Welfare Mass Organizations (Caishui [2009] 124). The documents respectively stipulate whether associations need to be registered, whether according to the Regulations on the Administration of Foundations and the Regulations on the Administration of the Registration of Social Organizations issued by the State Council, public welfare social organizations such as foundations and charitable organizations (hereinafter referred to as social organizations that need to be registered), people's organizations that don't need to be registered according to the Regulations on the Administration of the Registration of Social Organizations, and social organizations that are exempted from registration with the approval of the State Council (hereinafter referred to as mass organizations that don't need to be registered) must meet certain conditions.
Social organizations that need to be registered must meet the following conditions:
(1) It meets the conditions stipulated in Items (1) to (8) of Article 52 of the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC);
(2) It has not been subjected to administrative punishment within 3 years before the application;
(3) If the foundation has been legally registered in the civil affairs department for more than 3 years (including 3 years), it has passed the annual inspection for 2 consecutive years before the application, or if it has passed the annual inspection of 1 year recently and the evaluation level of social organizations is above 3A (including 3A), if it has been registered for less than 3 years and 1 year or above, it shall be before/kloc.
(4) Non-profit social organizations (excluding foundations) have been registered in the civil affairs department for more than 3 years according to law, and their net assets are not less than the amount of registered activity funds, and they have passed the annual inspection for 2 consecutive years before application, or passed the annual inspection 1 year and the evaluation grade of social organizations is above 3A (including 3A), and the annual expenditure on public welfare activities for 3 consecutive years before application is not less than 70% (including 70%) of the total income of the previous year, and they must also reach that year.
The term "passing the annual inspection" as mentioned in the preceding paragraph refers to the conclusion that the civil affairs department has passed the annual inspection of foundations and public welfare social organizations (excluding foundations); The rating of social organizations above 3A (including 3A) means that social organizations are rated as 3A, 4A and 5A in the social organization evaluation led by the civil affairs department, and the evaluation results are within the validity period.
Mass organizations that do not need to be registered shall meet the following conditions:
(1) It meets the conditions stipulated in Items (1) to (8) of Article 52 of the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC);
(two) the establishment department at or above the county level directly manages its establishment;
(3) separately accounting for donation income and donation expenditure, and the proportion of the total donation income used for public welfare undertakings for three consecutive years before the application is not less than 70%.
Eligible public welfare social organizations are eligible for pre-tax deduction only after qualification application procedures.
For social organizations that need to be registered, the following procedures are required:
(1) Public welfare social organizations approved by the Ministry of Civil Affairs may apply to the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs respectively;
(two) the foundation approved by the Provincial Civil Affairs Department may apply to the provincial finance, taxation (national tax, local tax, the same below) and the civil affairs department respectively. Public welfare social organizations (excluding foundations) approved by local civil affairs departments at or above the county level may apply to the finance, taxation and civil affairs departments of provinces, autonomous regions, municipalities directly under the central government and cities with separate plans;
(three) the civil affairs department is responsible for the preliminary examination of the qualifications of public welfare social organizations, and the financial and tax departments shall jointly examine and confirm the pre-tax deduction qualifications of donations from public welfare social organizations;
(4) Eligible public welfare social organizations shall be published regularly by the Ministry of Finance, State Taxation Administration of The People's Republic of China, the Ministry of Civil Affairs and the finance, taxation and civil affairs departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, respectively, in accordance with the above-mentioned administrative licensing authority.
Based on the above scheme, the Notice of the Ministry of Finance, State Taxation Administration of The People's Republic of China and the Ministry of Civil Affairs on Publishing the List of the First Batch of Public Welfare Social Organizations in 2008 and 2009 (Caishui [2009] No.85) published the list of 66 public welfare social organizations in 2008 and 3 public welfare social organizations in 2009, which were jointly examined and confirmed by the Ministry of Finance and State Taxation Administration of The People's Republic of China. Local provincial tax authorities have also published local lists according to their respective licensing rights.
Mass organizations that do not need to be registered must go through the following procedures:
(a) the mass organizations directly managed by the central organization establishment department apply to the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China;
(2) Mass organizations directly managed by local organizations at or above the county level shall apply to the financial and tax departments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning;
(3) For qualified public welfare mass organizations, according to the above-mentioned administrative licensing authority, the Ministry of Finance, State Taxation Administration of The People's Republic of China and the financial and taxation departments of provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans jointly publish the list every year. The list should include mass organizations that continue to obtain the pre-tax deduction qualification for public welfare donations and mass organizations that have newly obtained the pre-tax deduction qualification for public welfare donations. Enterprises and individuals in the list of public welfare donations to mass organizations in the year, can be deducted before tax.
For the public welfare donation expenses incurred by public welfare mass organizations, the competent tax authorities should control the list jointly issued by the financial and tax departments, and the mass organizations that accept donations should be included in the list. Therefore, the public welfare donation expenses incurred by the enterprises or individuals to which the list belongs in the current year can be deducted before tax according to regulations; If the mass organizations that accept donations are not in the list, or the public welfare donation expenses incurred by enterprises or individuals are not in the list year, they shall not be deducted.
This regulation is even stricter than the regulation that social organizations need to register. For mass organizations that do not need to be registered, they are required to be on the list and the list of the previous year.
As for local red cross societies and trade red cross societies, although they have obtained the legal person status of social organizations according to law, they cannot be approved to enter the list because they do not meet the above conditions, so they cannot obtain the pre-tax deduction qualification for public welfare donations. At present, the list published in various places does not include local red cross societies and industry red cross societies, so enterprises and individuals should pay special attention to this point when donating overseas, and donations to local red cross societies and industry red cross societies cannot be deducted before tax.
Whether the invoices donated by Harbin Red Cross can be deducted from income tax is a public welfare donation, which can be deducted before tax, but it is limited, that is, within 12% of the annual profit.
Do charities and the Red Cross have official invoices for donations to disaster areas? How much income tax can be deducted? A formal invoice will be given, and the donation amount will be deducted before tax after deducting 12% of the total profit.
If the unit donates money to individuals, do individuals have to pay personal income tax! If I have to pay, can I deduct it from the donation? Individuals who receive donations do not have to pay taxes. This is not income. However, the unit can not be deducted before enterprise income tax without direct donation from professional institutions such as the Red Cross.
If you have foreign debt, such as mortgage, can you deduct personal income tax? The current personal income tax relief provisions in China are as follows:
What income does an individual have that does not need to pay personal income tax?
The Individual Income Tax Law stipulates that the following personal income shall be exempted from individual income tax:
(1) Bonuses in science, education, technology, culture, health, sports, environmental protection, etc. Awarded by provincial people, ministries and commissions of the State Council, units above the corps level of the People's Liberation Army of China, and foreign and international organizations;
(2) national debt;
(3) Subsidies and allowances issued in accordance with the unified provisions of the state;
(four) welfare funds, pensions and relief funds;
(5) Insurance compensation.
(6) Military transfer fees and demobilization fees;
(seven) in accordance with the unified provisions of the state to pay the cadres and workers resettlement fees, retirement wages, retirement living expenses; 、
(eight) the income of diplomatic representatives, consular officials and other embassies and consulates in China personnel who should be exempted from tax according to the relevant laws of China;
(9) Income exempted from tax as stipulated in international conventions and agreements signed by China;
(10) Income exempted from tax approved by the financial department of the State Council.
Under what circumstances can I apply for personal income tax relief?
The individual income tax law stipulates that in any of the following circumstances, individual income tax may be reduced upon approval:
(1) Income of disabled, lonely and old people and martyrs;
(2) Causing heavy losses due to serious natural disasters;
(three) other tax reduction measures approved by the financial department of the State Council.
Which deposit interest income is exempt from personal income tax?
Decree No.272 1999 issued by the State Council on September 30th, the Implementation Measures for Individual Income Tax on Interest Income of Savings Deposits stipulates that the interest income of educational savings deposits obtained by individuals and other special savings deposits or savings special fund deposits determined by the financial department of the State Council shall be exempted from individual income tax.
How is the scope of personal income tax exemption for disabled people stipulated?
On June 29th, 2000, the Local Taxation Bureau of Jilin Province issued the Notice on Issues Related to the Reduction of Individual Income Tax on the Income of Disabled, Lonely, Old and Martyr-in-law, which stipulated that the income from wages and salaries, the income from individual industrial and commercial production and operation, the income from contracted lease in enterprises and institutions in our province, and the income from labor services would be reduced by 40% tentatively.
How to stipulate the additional deduction of taxpayers' expenses from wages and salaries?
According to the individual income tax law, taxpayers who have no domicile in China but get income from wages and salaries, and taxpayers who have domicile in China but get income from wages and salaries outside China, can determine additional deductions according to their average income level, living standard and exchange rate changes. The applicable scope and standards of additional deductions are stipulated by the State Council.
What is the applicable scope and standard of additional deduction?
The "Regulations for the Implementation of the Individual Income Tax Law" stipulates that the additional deduction of expenses mentioned in the third paragraph of Article 6 of the tax law refers to the deduction of the amount of expenses stipulated in Article 28 of these regulations on the basis of monthly deduction of 800 yuan expenses.
The scope of application of the additional deduction of expenses mentioned in the third paragraph of Article 6 of the Tax Law refers to:
(1) Foreigners working in foreign-invested enterprises and foreign enterprises in China;
(2) Foreign experts employed by Chinese enterprises, institutions, social organizations and state organs;
(3) Individuals who have a domicile in China and work or are employed outside China to obtain wages and salaries;
(4) Other personnel as determined by the Ministry of Finance.
The additional deduction standard mentioned in the third paragraph of article 6 of the tax law is 3200 yuan.
These Provisions shall apply to overseas Chinese and compatriots from Hongkong, Macao and Taiwan Province. When paying individual income tax, the original tax payment certificate issued by overseas tax authorities shall be provided.
Is there any tax on the bonus awarded to scientific and technical personnel by Guanghua Science and Technology Foundation?
People's Republic of China (PRC) State Taxation Administration of The People's Republic of China1994 February 1048 "Reply on Exemption of Individual Income Tax for Individuals Obtaining Incentive Funds from Guanghua Science and Technology Foundation" stipulates that the bonus awarded by Guanghua Science and Technology Foundation to scientific and technological personnel can be regarded as the scientific and technological bonus awarded by China People's Liberation Army units above the corps level, and personal income tax is temporarily exempted.
What income does not belong to the taxpayer's own salary and salary income items?
According to the Notice on Printing and Distributing Several Issues Concerning the Collection of Individual Income Tax issued by Guo Shui Fa [1994] No.089 in State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on March 3, 2004, the following subsidies and allowances that are not in the nature of wages and salaries, or are not derived from the taxpayers' own wages and salaries, are not taxed:
(1) one-child fee;
(2) the implementation of the civil service wage system, not included in the basic wage subsidies, allowances and family non-staple food subsidies;
(3) child care subsidies;
(4) Travel allowance and meal miss allowance.
How to stipulate the relevant issues of individual income tax for individual industrial and commercial households?
According to the Notice on Defining the Relevant Issues of Individual Income Tax Calculation for Individual Industrial and Commercial Households, the deduction standards for owners' expenses and employees' wages of individual industrial and commercial households are determined by the tax bureaus of all provinces, autonomous regions and municipalities directly under the Central Government. The interest expenses of the loans borrowed by individual industrial and commercial households in the process of production and operation, if legally proved, are not higher than the amount calculated according to the loan interest rate of similar financial institutions in the same period, and are allowed to be deducted.
Article 13 of the "Measures" on individual industrial and commercial households owner fee deduction standard is tentatively set as 860 yuan/month; Deduct the employee according to the facts, but not higher than 800 yuan/month.
Caishuizi [1994] No.020 "Notice on Several Policy Issues Concerning Individual Income Tax" stipulates that individual industrial and commercial households or individuals specialize in planting, breeding, feeding and fishing, and their business items belong to agricultural tax (including agricultural specialty tax, the same below).
Refuse to donate money to the Red Cross, give the Red Cross a finger! *** !