No stamp duty is required

The scope of loan contracts that are subject to stamp tax includes: loan contracts signed by banks and other financial organizations and borrowers (excluding inter-bank lending). If the document is used as a contract, it should also be decaled according to the contract.

The taxable amount of a loan contract is the loan amount. Amount of tax payable = loan amount If a IOU is filled out for the first time, only the amount stated in the loan contract will be used to calculate the tax deductible; if only an IOU is filled out and used as a contract, the tax deductible will be calculated based on the amount stated in the IOU contract; If the IOU is used as a contract, the tax shall be calculated based on the amount stated in the IOU and a decal shall be affixed to the IOU. If the two parties reach a loan agreement verbally and use IOUs as evidence when borrowing money, tax deductions should be calculated based on the amount of each IOU.

2. The working capital revolving loan contract signed by both the borrower and the lender is generally signed on an annual (period) basis and stipulates a maximum limit. The borrower can borrow and repay within the specified period and maximum limit. This kind of borrowing is frequent. If a discount is required every time the loan is borrowed, it will inevitably increase the burden on both parties.

Therefore, for this type of contract, only the maximum amount stipulated in it will be stamped once at the time of signing. If a new contract is not signed within the limit, no additional stamp will be affixed.

3. At present, some borrowers use property as collateral to obtain a certain amount of mortgage loans from lenders. This kind of lending method is a capital credit business. This type of contract should be denominated according to the loan contract. Subsequently, if When the borrower transfers the mortgaged assets to the lender due to its inability to repay the loan, the tax deduction shall be calculated in accordance with the relevant provisions of the "property transfer documents" based on the property rights documents written by both parties.

4. The financial leasing business operated by banks and other financial organizations is a business that achieves financing purposes by financing properties. It is actually a fixed capital loan that is repaid in installments. Therefore, for financial leasing contracts, tax deductions should also be temporarily calculated based on the loan contract based on the total rent stated in the contract.

5. In some credit businesses, the lender is a syndicate composed of several banks. Each party to the syndicate assumes a certain loan amount. The loan contract is signed by the borrower and all parties to the syndicate. Established, each holding an original copy of the contract. For this type of contract, the borrower and the loan syndicate parties shall calculate tax deductions based on their respective borrowing amounts on the original contracts they execute.

6. For some infrastructure loans, a loan contract is signed year by year according to the annual payment plan, and a general loan contract is signed according to the total budget in the last year. The borrowing amount of the total contract includes the borrowing amount of each sub-contract. For this type of infrastructure loan contract, tax deductions should be made based on sub-contracts. For the final general contract signed, tax deductions are only calculated on the balance of the total loan amount after deducting the sub-contract borrowing amount.

Extended information

The following vouchers are exempt from stamp duty:

1. Copies or transcripts of vouchers for which stamp duty has been paid, except those that are regarded as originals;

2. Documents issued by the property owner when the property is donated to the government, social welfare units that support the elderly and disabled, and schools;

3. The acquisition department designated by the state and Agricultural and sideline product purchase contracts written by village committees and individual farmers;

4. Interest-free and subsidized loan contracts;

5. Foreign governments and international financial organizations provide documents to the Chinese government and national financial institutions. The contract signed by the institution for providing preferential loans;

6. The property rights transfer documents signed by the enterprise due to restructuring;

7. The agricultural products and agricultural products signed by the farmers' professional cooperatives and their members. Purchase and sale contract for agricultural production materials;

8. Lease contracts signed by individuals for renting or leasing housing, vouchers related to low-rent housing and economically affordable housing management units and low-rent housing and economically affordable housing, low-rent housing Credentials related to low-rent housing and affordable housing by lessees and purchasers of affordable housing.

Baidu Encyclopedia - Stamp Duty Payment on Loan Contracts

Baidu Encyclopedia - Stamp Duty