Current location - Trademark Inquiry Complete Network - Tian Tian Fund - Individuals donate through the foundation, how to deduct personal tax?
Individuals donate through the foundation, how to deduct personal tax?
If an individual donates through the foundation, how can the individual tax be deducted? If an individual donates through the foundation, the increase in donation that meets the following conditions can be deducted (in full) before individual income tax 100%:

1, donate to the Red Cross cause.

2 donations to welfare and non-operating elderly service institutions.

3. Donated to public welfare youth activity places (including new ones).

4. Donation to rural compulsory education.

5. Donate to 6 units including Soong Ching Ling Foundation.

6. Donated to China Medical and Health Development Foundation.

7. Donated to China Education Development Foundation.

8. Support 8 units including China Foundation for the Development of Ageing.

9. Donate to the Federation of Trade Unions at or above the county level.

10, donated to 5 units including China Health Express Foundation.

1 1, increase the research and development funds of scientific research institutions and institutions of higher learning.

Article 24 of the Regulations for the Implementation of the Individual Income Tax Law of the People's Republic of China: The donation of personal income to education and other public welfare undertakings mentioned in the second paragraph of Article 6 of the Tax Law refers to the donation of personal income to education and other public welfare undertakings and areas and poverty-stricken areas that have suffered serious natural disasters through social organizations and state organs in China. If the donation amount does not exceed 30% of the taxable income declared by the taxpayer, it can be deducted from the taxable income.

Calculation of deduction:

Taxable income first = monthly salary-expenses deducted 3500 yuan.

For donations that are allowed to be fully deducted, the amount allowed to be deducted from other donations = taxable income *30%, and the excess is not allowed to be deducted.

Individual tax = (monthly salary-deduction fee of RMB 3,500-donation) * applicable tax rate-quick deduction.

Can individuals donate charity to the Youth Development Foundation to deduct personal income tax? According to the provisions of the second paragraph of Article 6 of the Individual Income Tax Law, the part that individuals use for education and other public welfare undertakings shall be deducted from the taxable income according to the relevant provisions of the State Council. According to Article 24 of the Regulations for the Implementation of the Individual Income Tax Law, the term "individuals donating their income to education and other public welfare undertakings" mentioned in Article 6, paragraph 2 of the tax law refers to individuals donating their income to education and other public welfare undertakings through social organizations and state organs in China, as well as areas and poverty-stricken areas that have suffered serious natural disasters. If the donation amount does not exceed 30% of the taxable income declared by the taxpayer, it can be deducted from the taxable income. In addition, according to Article 8 of the Notice of the Ministry of Finance and the Ministry of Civil Affairs of State Taxation Administration of The People's Republic of China on Relevant Issues Concerning Pre-tax Deduction of Public Welfare Donations (Cai Shui [2008] 160), public welfare social organizations and people's governments at or above the county level and their constituent departments and directly affiliated institutions shall use the public welfare donation bills printed by the Ministry of Finance or the financial departments of provinces, autonomous regions and municipalities directly under the Central Government and affix their seals. If an individual asks for a donation bill, he shall issue it. After the newly established foundation applies for pre-tax deduction of donations, the donors of the original foundation can enjoy pre-tax deduction according to law with the donation bills. Some approved foundations, such as Rural Compulsory Education Foundation, Soong Ching Ling Foundation, china welfare institute, China Red Cross Society, etc. , can be deducted in full before tax when calculating personal taxable income according to regulations.

How to deduct personal income tax from personal donations to earthquake-stricken areas? According to the Individual Income Tax Law of People's Republic of China (PRC), its implementing regulations and relevant regulations, the issues concerning the collection and management of individual income tax for individuals donating to the 5. 12 earthquake-stricken area (hereinafter referred to as the disaster area) are hereby notified as follows:

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.

Can personal income tax be deducted from personal donations directly donated to schools? Can personal income tax be deducted from personal donations directly donated to schools? -Personal income tax is not deductible.

According to Article 24 of the Regulations for the Implementation of the Individual Income Tax Law of the People's Republic of China: "Individuals use their income for education and other social welfare undertakings as well as areas suffering from serious natural disasters and poverty-stricken areas through social organizations and state organs in China. Donations that do not exceed 30% of the taxable income declared by taxpayers can be deducted from their taxable income. " It can be seen that individuals' donations to education through social organizations and state organs in China can be deducted from their taxable income, but individuals' direct donations to Hope Primary School cannot be deducted before tax.

Secondly, donations made by individuals to education through social organizations and state organs in China should be deducted before paying individual income tax in accordance with the provisions of the individual income tax law and its related laws and regulations. Pre-tax deduction procedure According to Article 2 of the Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on the Collection and Management of Individual Income Tax for Individual Donations in Earthquake-stricken Areas (Guo Shui Fa [2008] No.55): "If an individual donates directly to the disaster-stricken areas by withholding, the donor shall show the donation certificate issued by the organ or non-profit organization to the withholding unit in time, and the withholding unit shall deduct the tax according to the facts when withholding. If an individual declares and pays taxes on his own, the tax authorities will deduct it according to the facts according to law with the credentials issued by the * * * organs and non-profit organizations. "

In addition, the policy of fully deducting educational donations before personal income tax is as follows:

The Ministry of Finance's Notice of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on Education Tax Policy (Caishui [2004] No.39) stipulates: "Taxpayers' donations to education through non-profit social organizations and state organs in China are allowed to be deducted in full before corporate income tax and personal income tax. "

Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on the Policy of Taxpayers Donating Income Tax to Rural Compulsory Education (Caishui [2006 54 38+0] 103)

1. Donations provided by enterprises, institutions, social organizations, individuals and other social forces to rural compulsory education through non-profit social organizations and state organs are allowed to be deducted in full from income before paying enterprise income tax and personal income tax.

Two, the scope of compulsory education in rural areas as mentioned in this notice refers to rural towns (excluding towns where counties and county-level cities are located), rural primary schools and junior high schools and special education schools belonging to this stage. Taxpayers' donations to rural compulsory education schools and high schools also enjoy the pre-income tax deduction policy stipulated in this notice.

3. Non-profit social organizations and state organs that accept donations or handle donations shall use the donation bills uniformly printed (supervised) by the central or provincial financial departments in accordance with the financial affiliation, and affix the special financial seal of the donation recipient or donation unit. On this basis, the tax authorities deduct the tax revenue of the donating units and individuals.

Pre-tax deduction of foundation donations.

Public welfare donation expenditure belongs to the "non-operating expenditure" part of the enterprise. When calculating enterprise income tax in the next year, tax adjustment should be made, and this kind of expenditure belongs to the increase. This means that the tax authorities do not recognize it as part of the company's daily operating costs and cannot deduct it. Income tax payable = (total profit+increase or decrease) *25%

However, it is mentioned in the Detailed Rules for the Implementation of Enterprise Income Tax that the donation expenses of enterprises used for public welfare undertakings through public welfare social organizations or people's governments at or above the county level and their departments are allowed to be deducted when calculating taxable income.

Refers to the pre-tax deduction when the sum of the money legally used for charitable donations does not exceed 65,438+02% of the profit before interest and tax (total profit, that is, the amount without deduction of income tax expenses). In other words, the part of the total profit that does not exceed 12% is not a fixed increase, and the excess part is included in the fixed increase according to the excess part.

This should be clearer.

How to deduct personal income tax from individual charitable donations in Shanghai should be donated by the civil affairs department and get a special invoice for donations? The invoice is provided to the tax department for review and then deducted.

How to deduct the personal income tax on labor remuneration from the donation of 1 Donations made by individuals to "education, public welfare undertakings and areas suffering from natural disasters and poverty-stricken areas" through public welfare social organizations and state organs can be deducted from their taxable income.

2 individuals through public welfare social organizations and state organs to the "Red Cross cause, rural compulsory education and public welfare youth activity places" donations, allowing full deduction in pre-tax income.

3. R&D funds for research and development of new products, technologies and new processes in "unrelated" scientific research institutions and universities can be fully deducted from taxable income when personal income tax is levied next month or next period (by time) or that year (by year). If the deduction is insufficient, it shall not be carried forward for deduction.

In addition: 1, 2, it must pass "public welfare social organizations and state organs" or it will be invalid.

How to Deduct Personal Donations for Public Welfare Before Personal Income Tax Article 24 of the Regulations on the Implementation of the Individual Income Tax Law of the People's Republic of China (Order No.600 of the State Council of the People's Republic of China) stipulates: "The personal income used for donations to education and other public welfare undertakings mentioned in the second paragraph of Article 6 of the Tax Law means that individuals use their income for education and other public welfare undertakings through social organizations and state organs in China, as well as for areas suffering from serious natural disasters and poverty-stricken areas. Donations that do not exceed 30% of the taxable income declared by taxpayers can be deducted from their taxable income. " The calculation formula is: donation deduction limit = taxable income 30%; If the actual donation amount is greater than the donation limit, it can only be deducted according to the donation deduction limit; Less than or equal to the donation deduction limit, it shall be deducted according to the actual donation amount. In the case of deducting the donation amount, the calculation formula of the tax payable should be: tax payable = (taxable income-donation amount allowed to be deducted) applicable tax rate-quick deduction (Note: except for income from wages and salaries, income from production and operation of individual industrial and commercial households, income from contracted operation and lease operation of enterprises and institutions, and income from remuneration for labor services, other income items are not deducted when this formula is applied. )

Article 8 of the 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) stipulates: "When accepting donations, public welfare social organizations and people's governments at or above the county level and their constituent departments and directly affiliated institutions shall use the public welfare donation bills printed by the Ministry of Finance or the financial departments of provinces, autonomous regions and municipalities directly under the Central Government and affix their seals; If an individual asks for a donation bill, he shall issue it. After the newly established foundation applies for pre-tax deduction of donations, the donors of the original foundation can enjoy pre-tax deduction according to law with the donation bills. "

Whether a non-public offering foundation can accept individual donations, of course, it can accept individual donations.

The following reports are available for reference:

SEE Foundation was established in 2008. It is a non-public offering foundation initiated by nearly 100 well-known entrepreneurs in China. Its main donation income comes from about 200 fixed SEE members. These entrepreneurs promise to donate no less than 654.38 million yuan to the foundation every year, and this income is about 30 million yuan every year.

In fact, the new strategic plan adopted by SEE Foundation 20 1 1 shows that it is planned to invest no less than RMB 500 million in the environmental protection industry within five years. Now it seems that the funds it raised are obviously still a long way from here. "The overall economic situation is not good and I feel that it has a great impact on public welfare." Liu Xiaogang said.

SEE foundation is not the only non-public fundraising foundation facing the pressure of fund-raising. Even the Shanghai True Love Dream Charity Foundation (hereinafter referred to as True Love Dream), which has a very professional financial background, cannot escape the impact of the economic downturn.

In response to its donation income, Wu Chong, secretary-general of Shanghai True Love Dream Public Welfare Foundation, said that from the beginning of 20 12 to now, the foundation has raised 45 million yuan, an increase of about 40% over last year, and has completed the goal set at the beginning of the year. But "compared with the previous growth rate, 40% is very low."

Shanghai True Love Dream Charity Foundation was established in August 2008. It was founded with private property by professionals engaged in the financial industry in China. Due to the detailed disclosure of audit reports and financial information every year, and since 2009, the annual report conference has been held publicly, True Love Dream Public Welfare Foundation has become the first foundation in China to publicly release annual reports according to the standards of listed companies.

However, even so, the 20 1 1, foundation investment is still losing money. Although the total loss was less than 654.38+10,000 yuan, "I can clearly feel the economic collapse." Wu Chong said frankly.

Public offering foundation "has no influence"

Compared with non-public foundations, public foundations with * * * background are much less disturbed by the economic crisis and have little impact on donation income.

"Corporate donations to the foundation have not decreased because of the economic crisis," said Wei Jiuming, chairman of the China Children's Charity Relief Fund. He said that this year, * * * received more than 80 million donations, including 655 donations from enterprises, more than 43 million donations from individuals and nearly 39 million donations from individuals. In percentage terms, corporate donations account for 54% and individual donations account for 46%.

Tu Meng, secretary-general of China Youth Development Foundation, said that the foundation was really "not confident and insecure" about the economic downturn at first. But now it seems that "it is not a big problem to reach this year's fundraising target (250 million yuan)." However, he also said that corporate tax and social welfare donations are the effect of creating wealth, and the economic downturn will definitely be affected.

The Shenzhen One Foundation Public Welfare Foundation has also felt the pressure and challenges brought about by the economic downturn, but it is gratifying that "large donations have declined and small donations have steadily and continuously increased." Secretary-General Yang Peng said that the One Foundation has raised 34.7 million yuan, and it is expected to reach 45 million yuan by the end of the year, an increase of about 20% over last year.

But Yang Peng also admitted that even so, in the structural analysis, it was found that corporate donations declined. The decline in corporate donations is not the decline in the number of corporate donations, but the decline in the amount of donations from individual companies. "For example, it was originally agreed to donate 6.5438+0 million, because the economy was not good this year, and only 300,000 was given."

As a large-scale old foundation, China Foundation for Poverty Alleviation has not been affected by the economic situation, but has made big orders. "They earned 654.38+0 billion." Wang smiled and said to him.

Wang said that in June 65438+1October 65438+July this year, the China Foundation for Poverty Alleviation and the China Development Bank signed a pilot cooperation agreement on microfinance poverty alleviation, which increased the amount of cooperation between the two parties from 200 million yuan to 65438+billion yuan, and used it to implement microfinance poverty alleviation projects nationwide. It is the largest wholesale loan in the field of microfinance in China at present.

In this regard, Dou Ruigang, executive secretary of Tencent Charity Foundation, is not surprised. He said that in China, the motivation of cooperation between enterprises and non-profit organizations is mostly communication and game with * *, that is, through donations to non-profit organizations, in exchange for benefits. The reason is that "public foundations have * * * resources, which can give various honors and invisible benefits to donated enterprises, so many large enterprises will choose to donate to traditional public foundations."

Tencent Charity Foundation was established in June 2007 and initiated by Tencent. At the beginning of the foundation, the board of directors promised to donate no more than a certain percentage of the company's profits to the foundation every year. "So there is no fundraising problem in our foundation." Dou Ruigang said with a smile.

Dou Ruigang also analyzed that from the perspective of the United States, no matter whether the economic situation is good or not, the foundation will not discuss the issue of fundraising. It will only be said that because the stock market is not good and the investment income is small, the capital expenditure can only be reduced. "The financing problem of the foundation just shows that there is no foundation in the typical sense of the United States in China." Dou Ruigang said.

Get out of the financing dilemma

Since 2004, China's non-public offering foundations have developed rapidly. As of165438+1October 20th, the number of national non-public offering foundations was 20 159 1. However, it is precisely because life is not expensive that the problem of raising funds has become the eternal "hard truth" in the development of non-public offering foundations, and this problem has become particularly important in the period of tense economic situation.

Wei Jiuming shared three fund-raising experiences of the Children's Association at the meeting: First, the project was established first, and then the fund was raised. "The project is the foundation, and relief is combined with fundraising. For example, the foundation raised money for abducted children and designed a project called "Hope to Go Home". Whether it is survival assistance or medical assistance, the aided children will receive a one-time assistance of no more than 50 thousand yuan. We designed this project, made the money clear, and then used the project to raise funds from the society. " Wei Jiuming said.

The second is "cooperative fundraising", that is, setting up a special fund. Wei Jiuming gave an example. A boss donated 50,000 yuan to help children in the west, so the foundation set up a "Western Children's Relief Fund", which was managed by the boss himself, and the foundation was equipped with full-time staff to do it together.

The third method is to adhere to the principle of "regarding donors as God" and do a good job in serving donors and recipients. "The foundation requires that after receiving the donation, it must send a thank-you letter and invoice to the donor within 5 days, as well as the person who donated a dollar to thank him for his contribution to the foundation and society. The whereabouts of all donations were disclosed in a timely manner, and openness and transparency increased the credibility of the organization. "