Quarterly average = (value at the beginning of the season+value at the end of the season) ÷2

Annual quarterly average = sum of annual quarterly average ÷4

If business activities are started or terminated in the middle of the year, the above-mentioned relevant indicators shall be determined with its actual business period as a tax year.

The tax period of individual income tax of investors in sole proprietorship enterprises and partnership enterprises:

① Individual income tax payable by investors shall be calculated on an annual basis and paid in advance on a monthly or quarterly basis. Investors shall pay in advance within10.5 days after the end of each month or quarter, and shall be settled within 3 months after the end of the year, with overpayment and underpayment;

(2) When an enterprise is merged, divided or terminated in the middle of the year, the investor shall, within 60 days from the date of stopping production and operation, handle the final settlement of personal income tax for the current period with the competent tax authorities;

(3) If an enterprise starts business in the middle of a tax year, or the actual operating period of the tax year is less than 1.2 months due to merger or closure, the actual operating period shall be regarded as a tax year;

(4) When paying individual income tax in advance, investors shall submit individual income tax returns for sole proprietorship enterprises and partnership enterprises to the competent tax authorities, and attach accounting statements;

⑤ Individual income tax of angel investors Where an investor establishes two or more enterprises, it shall indicate the annual taxable income obtained from other enterprises when making annual tax returns to the local competent tax authorities where the enterprises actually operate and manage.

legal ground

Notice of the Ministry of Finance and State Taxation Administration of The People's Republic of China on Individual Tax Policies for Venture Capital Enterprises and Angel Investment

second

Second, the relevant policy conditions

(a) the start-up technology enterprises mentioned in this notice shall meet the following conditions:

1. Resident enterprises registered in China (excluding Hong Kong, Macao and Taiwan) and subject to audit collection;

2. When accepting investment, the number of employees shall not exceed 200, among which the employees with bachelor degree or above shall not be less than 30%; Total assets and annual sales income shall not exceed 30 million yuan;

3. The establishment time when accepting the investment shall not exceed 5 years (60 months);

4. Not listed on domestic and foreign stock exchanges at the time of investment acceptance and within 2 years after investment acceptance;

5. In the investment acceptance year and the next tax year, the proportion of total R&D expenditure to cost expenditure shall not be less than 20%.

(two) the venture capital enterprises that enjoy the tax policies stipulated in this notice shall meet the following conditions at the same time:

1. A resident enterprise or partnership venture capital enterprise registered and established in China (excluding Hong Kong, Macao and Taiwan) and subject to audit collection, and is not the initiator of the invested start-up technology-based enterprise;

2. Comply with the special provisions of the Interim Measures for the Administration of Venture Capital Enterprises (Order No.39 of the Development and Reform Commission and other departments 10) or the Interim Measures for the Supervision and Administration of Private Investment Funds (Order No.0/05 of the CSRC) on venture capital funds, complete the filing and standardize the operation in accordance with the above provisions;

3. Within 2 years after the investment, the venture capital enterprise and its related parties shall hold less than 50% of the total equity of the invested start-up technology-based enterprise.

(3) Angel investors who enjoy the tax policies stipulated in this Notice shall meet the following conditions at the same time:

1. does not belong to the promoters, employees or their relatives (including spouses, parents, children, grandparents, grandparents, grandchildren, brothers and sisters, the same below) of the invested start-up technology-based enterprise, and has no labor dispatch relationship with the invested start-up technology-based enterprise;

2. Within 2 years after the investment, the total shareholding ratio of myself and my relatives in the invested start-up technology enterprises shall not exceed 50%.

(4) The investment that enjoys the tax policy stipulated in this Notice is limited to the equity investment obtained by direct cash payment to the invested start-up technology-based enterprises, excluding the transfer of the equity of other shareholders.