(1) tax rate

1, direct rent: movable property16%; Real estate 10%.

According to the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Adjusting the VAT Rate (Caishui [20 18] No.32), the VAT rate of movable property was adjusted from 17% to 16% on May 8, 2008. The real estate value-added tax rate was changed from 1 1% to 10%.

2. Leaseback: 5%.

According to Caishui No.201636, the value-added tax is levied according to the "loan service" for financing after sale and leaseback.

Second, deed tax.

Deed tax is a kind of property tax levied on real estate whose ownership has changed. According to Article 2 of the Provisional Regulations on Deed Tax, the transfer of ownership of land and houses as mentioned in these regulations refers to the following acts: (1) the transfer of the right to use state-owned land; Transfer of land use rights, including sale, gift and exchange; House sale; Housing gift; House exchange.

1, direct rent

When the lessor (financial leasing enterprise) purchases land and houses for financing, the lessor shall pay the deed tax; During the financial lease period, the property rights of land and houses still belong to the lessor and do not involve deed tax; After the expiration of the financial lease term, the ownership of the land and house is transferred to the lessee, and the lessee shall pay the deed tax. Therefore, for the direct lease of land and houses, if the ownership is transferred, the deed tax should be paid. ?

2. leaseback

Article 1 of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China on Deed Tax Policy of Sale-leaseback Financing Enterprises (Caishui No.201282) stipulates that if a financial leasing company carries out the sale-leaseback business and assumes the ownership of the lessee's house and land, it shall pay taxes according to the regulations. Upon the expiration of the leaseback contract, if the lessee repurchases the original house and land ownership, the deed tax shall be exempted.

Third, property tax.

Article 3 of Caishui No.2009128 "Notice of the Ministry of Finance in State Taxation Administration of The People's Republic of China on Issues Related to Property Tax and Urban Land Use Tax" stipulates that the lessee shall pay the property tax according to the residual value of the property from the next month of the start date agreed in the financial lease contract. If there is no agreed start and end date in the contract, the lessee shall pay the property tax according to the residual value of the property from the month following the signing of the contract. ?

It should be pointed out that:

1. Property tax is paid by the lessee (substance is more important than form, although the legal property owner is the lessor) according to the residual value of the property, not by the lessor according to the rent.

2. Caishui No.2010/21Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Relevant Policies for Resettlement of Urban Land Use Tax for Disabled Employment Units stipulates that the original value of taxable property should include the land price, including the price paid for obtaining the land use right and the expenses incurred in land development, regardless of accounting. Therefore, in legal form, the land use right belongs to the lessor during the lease period. According to the principle that substance is more important than form, the lessee should also incorporate the relevant land price into the original value of the property to calculate and pay the property tax. However, in practice, according to the principle of "loan service", the value-added tax is levied according to the tax number. 20 1636. Therefore, generally speaking, other alternative methods, such as temporary change of land use rights, are adopted to avoid paying too much property right transfer tax.

Fourth, land value-added tax.

The Provisional Regulations on Land Value-added Tax stipulates that the units and individuals who transfer the right to use state-owned land, buildings above ground and their attachments and obtain income are taxpayers of land value-added tax. Therefore, when the financial lease expires and the ownership of real estate is transferred, the lessor needs to pay the land value-added tax.

Verb (abbreviation of verb) stamp duty

Provisions on financial lease contract decals in Article 4 of State Taxation Administration of The People's Republic of China's Specific Provisions on Loan Contract (Di Zi 198830). The financial leasing business operated by banks and their financial institutions is a kind of business to achieve the purpose of financing by melting things, which is actually a fixed-capital loan that is repaid in installments. Therefore, for the financial lease contract, according to the total rent contained in the contract, the stamp can be temporarily applied according to the "loan contract".

Article 1 of the Notice on Stamp Duty Policy of Financial Leasing Contract (Caishui No.2015144) stipulates that the financial leasing contract (including financial lease after sale) signed for the development of financial leasing business shall be subject to stamp duty at the rate of 0.5 ‰ according to the total rent and the tax item of "loan contract" specified in it.

Financial leasing is the most common and basic form in the world at present. It means that the lessor enters into a supply contract with a third party (supplier) at the request of the lessee (user), and according to this contract, the lessor contributes to the purchase of the equipment selected by the lessee. At the same time, the lessor enters into a lease contract with the lessee, leases the equipment to the lessee, and collects a certain rent from the lessee.

An essential difference between financial leasing and traditional leasing is that traditional leasing calculates the rent based on the time when the lessee leases the property, while financial leasing calculates the rent based on the time when the lessee occupies the financing cost. It is a highly adaptable financing method when the market economy develops to a certain stage. It is a new way of trading in the United States in the 1950s. Because it adapted to the requirements of modern economic development, it developed rapidly around the world in the 1960s and 1970s. Nowadays, it has become one of the main financing methods for enterprises to update equipment, and is known as "sunrise industry".

This business model has developed rapidly for more than 30 years since it was introduced to China in the early 1980s. However, compared with developed countries, the advantages of leasing are far from being brought into play, and the market potential is great.

References:

Baidu encyclopedia entry financing lease