From July 1, 2023, the "Stamp Duty Law of the People's Republic of China" (hereinafter referred to as the Stamp Duty Law) will be officially implemented.

Compared with the "Interim Regulations on Stamp Duty", the Stamp Duty Law*** has made 10 modifications, including clarifying that value-added tax is not the basis for calculating stamp tax, reducing the tax rate, and clarifying the scope of stamp tax exemptions.

How to interpret specific policies? What are these 10 changes? Master it quickly!

Stamp duty, 10 changes!

Effective from July 1st.

03010 will be officially implemented on July 1, 2023!

Compared with the "Stamp Duty Law of the People's Republic of China", the Stamp Duty Law has 10 major changes:

The scope of taxation has been reduced

Cancelled A stamp duty of 5 yuan per title and license is required.

2. Reduced tax rates

1. The stamp duty rate for contracts, construction contracts, and transportation contracts has been reduced from the original 5/10,000 to 3/10,000.

2. Reduce the tax rate on some property rights transfer contracts: the stamp tax rate on transfer documents of trademark rights, copyrights, patent rights, and proprietary technologies is reduced from 5/1000 to 3/1000.

3. The stamp tax rate on business accounts has been reduced from 0.5 to 2.5 on the original "total of paid-in capital and capital reserves", and the provisions of Caishui [2018] No. 50 have been directly incorporated into legislation.

3. It is clear that value-added tax is not used as the basis for calculating and paying stamp tax

Note: The contract signed by the taxpayer includes tax, and if the value-added tax is not listed separately, the stamp tax must be paid in full.

IV The mantissa requirement is cancelled, and the tax is paid directly according to the actual calculated tax amount

Article 3 of 103010 stipulates that if the tax payable is less than 1 jiao, stamp duty is exempted. If the tax payable exceeds one dime, and if the tax payable is less than five cents, it shall be calculated and paid at the rate of one dime. The Stamp Act abolished this provision.

In other words, starting from July 1, 2023, taxpayers will not need to round when calculating stamp duty. You can calculate whatever you want in the future, and you no longer have to worry about the difference between the amount payable and the actual amount paid.

V. Added new regulations on stamp tax withholding agents

003010 There are no regulations on how overseas individuals pay stamp tax and whether withholding at source can be implemented. The legislation adds the following provisions:

6 Clarifies the tax deadline and tax location

003010 does not clearly define the tax deadline and tax location, but the Stamp Duty Law stipulates the tax time and tax location. The location is defined.

Seven canceled the practice of light taxes and heavy penalties, and unified implementation according to the Collection and Administration Law

103010 has the tradition of light taxes and heavy penalties:

The "Stamp Duty Law" was cancelled This provision is made:

Eight securities transaction stamp taxes are included in legal regulations

The inclusion of securities transaction stamp taxes in the scope of collection can eliminate the fear of levying securities transaction taxes.

9 Provisions on the calculation of tax amounts for the same taxable certificate held by multiple parties

If the same taxable certificate is signed by two or more parties, the tax payable shall be calculated based on the amounts involved. The original stipulation is that "each party holds a full amount of stamps."

十

Clear the scope of stamp duty reduction and exemption

The State Council guarantees the housing needs of residents and enterprise restructuring Reorganization, support the development of small and micro enterprises, etc. You can apply for stamp duty reduction or exemption and report it to the NPC Standing Committee of the National People's Congress for record.

The following eight types of certificates are exempt from stamp duty:

Copies or transcripts of taxable certificates;

Foreign embassies and consulates in China that are exempt from tax in accordance with the law embassies and representative offices of international organizations in China to obtain taxable certificates for buildings;

Taxable certificates issued by the Chinese People’s Liberation Army and the Chinese People’s Armed Police Force;

Farmers, families Sales contracts and agricultural insurance contracts for farms, farmers' professional cooperatives, rural collective economic organizations, and village committees to purchase agricultural production materials or sell agricultural products;

Or interest-free and subsidized loan contracts or contracts signed by international financial organizations to provide my country with Loan contracts for preferential loans;

Written property transfer documents in which property owners donate property to governments, schools, social welfare institutions and charitable organizations;

Non-profit medical and health institutions purchase drugs Or a sales contract for sanitary materials;

An electronic order signed by an individual and an e-commerce operator.

Attachment: Stamp duty tax item and rate table

Pay attention to this practical detail! Don't pay taxes!

[Policy Regulations]

103010 (Order No. 89) (effective from July 1, 2023) stipulates: Article 13 Taxpayers who are based on units shall report to The competent tax authority where the institution is located shall declare and pay stamp tax; if the taxpayer is an individual, he shall declare and pay stamp tax to the competent tax authority in the place where the taxable certificate is issued or overseas

1. Off-site project contract (contract signed by the project department , the project department is the taxpayer of stamp tax)

(1) The project department handles tax registration at the project location: declare and pay stamp tax at the project location (the project department is responsible for the taxation

authority).

(2) The project department has not completed tax registration at the project location: Return to the competent tax authority where the head office is located to declare and pay stamp duty.

Remarks

Although the project department does not have an independent legal person status, it can sign a contract as long as it has relevant authorization (or the counterparty signing the contract has reason to believe that the project department has agency rights) , is also a valid contract). In practice, it is very common to sign external contracts in the name of the project department.

2. Contracts for off-site projects (contracts signed by the head office, such as general contracting contracts): Return to the competent tax authority where the head office is located to declare and pay stamp duty.

3. Effective from July 1, 2023

According to the regulations that the time when stamp duty liability occurs is "the day when the taxpayer writes the taxable certificate or completes the securities transaction", in layman's terms, It is based on the signing date of the contract, that is, the signing date of the contract is July 1, 2023 or later.

How to calculate and pay stamp duty?

1. Basis for tax calculation

2. Calculation formula

Calculated based on proportional tax rate: tax payable = tax amount × applicable tax rate

Calculated based on fixed tax rate: tax payable = voucher tax rate × unit tax amount

How should stamp tax be recorded?

1. When accruing payment for this month (if there is any reduction or exemption, the accounting entries will be accrued directly based on the actual amount after reduction or exemption) as follows:

Debit: Taxes and surcharges

Debit: Taxes payable - Stamp duty payable

2. When actually paid, the accounting entries are as follows:

Debit: Taxes payable - Stamp duty payable

Credit: Bank deposit

Note: Some companies pay small amounts of tax, and they can also record the tax paid directly.

Debit: taxes and surcharges

Credit: bank deposits

The article is for reference only.

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For a newly established company, the stamp tax that will be paid immediately is: after the paid-in capital is received, the stamp tax must be paid at the rate of 50,000% of the paid-in capital. If there is a capital reserve, the capital reserve must be added. together with the amount in the accumulation account.

After the account book is activated, the decal is 5 yuan per book. Business licenses cost 5 yuan per sticker. If business occurs after the company is established, the business contract signed will only need to pay stamp duty if it falls within the scope listed in the stamp duty regulations. In actual operation, you should pay attention to:

1. If no business occurs or business occurs but the business contract does not fall within the enumerated scope, stamp duty does not need to be paid.

2. Even if no contract is signed for the listed business (if there is a purchase but no contract is signed), the tax authorities have the right to collect stamp tax based on relevant vouchers and documents (from the perspective of the tax bureau) explain).

3. Regardless of whether the contract is signed within the country or abroad, as long as the contract is protected by domestic laws, stamp duty must be paid within the country when exercising power within the country.

4. The taxpayers of stamp duty are the parties who sign the contract. That is, both parties signing a contract need to pay stamp duty.

5. If stamp duty is not paid in anticipation, the tax authorities have the right to recover the tax, and will impose fines and late fees (as specified in the Collection and Administration Law). There are 13 items listed in the article (including the above-mentioned paid-in capital, capital reserves and account books, and license decals) that are subject to stamp duty, which are: 1. The purchase and sale contract includes supply, advance purchase, procurement, purchase and sale combination and cooperation, adjustment, and compensation , barter and other contracts based on the purchase and sale amount 0.3 ‰ Decal contractor 2. Processing and contracting contracts include processing, customization, repair, repair, printing, advertising, surveying, testing and other contracts based on processing or contracting income 0.5 ‰ Decal 3. Construction project survey The design contract includes survey and design contracts, and the fee is 0.5 ‰. Decal 4. The construction and installation project contract contracts include the construction and installation project contract, and the contract amount is 0.3 ‰. Decal 5. The property leasing contract includes leasing houses, ships, aircraft, motor vehicles, and machinery. , appliances, equipment and other contracts are decaled based on the rental amount of 1‰.

6. Goods transportation contracts include civil air transportation, railway transportation, maritime transportation, inland water transportation, road transportation and combined transport contracts. The transportation fee is 0.5 ‰ decals

7. Warehousing and storage contracts include Warehousing and storage contracts are based on warehousing and storage fees of 1 ‰ decal

8. Loan contracts Loan contracts signed by banks and other financial organizations and borrowers (including financial lease contracts but excluding inter-bank lending) are based on The borrowing amount is 0.05 ‰ decals

9. Property insurance contracts include property, liability, guarantee, credit and other insurance contracts, and the income from insurance premiums collected is 1 ‰ decals

10. Technology contracts include Technology development, transfer, consulting, service and other contracts are decaled based on the recorded amount 0.3 ‰

11. Property rights transfer documents include property ownership and copyright, exclusive rights to trademarks, patent rights, and rights to use proprietary technology** *5 items of property rights transfer documents, land use rights transfer/transfer contracts, commercial housing sales contracts (including shares issued to the public by joint-stock enterprises, property rights transfer documents written for purchase, inheritance, and donation) are based on the recorded amount 0.5 ‰ Decal

12. The operating account books included in the accounting for production and operation account books recording funds will be decaled based on the total amount of paid-in capital and capital reserve 0.5 ‰. Other account books are decaled at 5 yuan per item

13. Rights and licenses, including house property rights certificates, industrial and commercial business licenses, trademark registration certificates, patent certificates, and land use certificates issued by government departments, are decaled at 5 yuan per item