I. Specific differences between holding companies and subsidiaries
As follows:
1, different identifiers:
Subsidiaries are mainly engaged in the wholesale and retail of goods: those with annual sales of more than 6,543,800+0.8 million can be recognized as general taxpayers, and those with annual sales of less than 6,543,800+0.8 million are small-scale. If the holding company's annual sales are below 6,543,800+and the commodity circulation enterprises' annual sales are below 6,543,800+,they are small taxpayers; On the contrary, it is the general taxpayer.
2. Different tax rates:
The tax rate of subsidiaries is 17%, which can offset the tax on goods purchased with value-added tickets; The tax rate for small taxpayers is 4% or 6%. However, input tax cannot be deducted and VAT invoices cannot be issued. At the same time, the small-scale goods purchased by the holding company cannot be deducted from the input tax.
3, the tax rate calculation method is different:
The tax calculation formula of subsidiaries is:
Net operating income = operating income-operating expenses-depreciation of productive fixed assets-product tax+net rental housing income, net rental of other assets and net converted rental of self-owned housing, etc. The net income of property does not include the premium income from the transfer of ownership of assets.
The calculation formula of transfer net income is: transfer net income = transfer income-transfer expenditure.
The tax calculation formula of the holding company is: actual growth rate of per capita disposable income = (per capita disposable income in the reporting period/per capita disposable income in the base period)/consumer price index-100%.
4. Bill variance:
Subsidiaries issue ordinary VAT invoices and special VAT tickets, and small taxpayers can only issue ordinary VAT invoices. Special tickets, that is, ordinary taxpayers, can deduct part of the tax rate for the company. Moreover, the holding company cannot enter deductions.
5. Different regulators:
Subsidiaries are subject to the approval and supervision of the CBRC, which stipulates that only leasing companies approved by them can be labeled as "finance".
6. Different fiscal and taxation policies:
As a financial institution, subsidiaries can enjoy the policy treatment of the Notice of the Ministry of Finance on Printing and Distributing the Administrative Measures for Withdrawing Bad Debt Reserves of Financial Enterprises.
Because the holding company is not a financial institution, it cannot enjoy the above treatment, and "all problems are at its own risk". If you want to get this treatment, you need to go to the tax department for approval alone.
7. The types of taxes paid are different:
Taxes and fees paid by financial leasing include value-added tax, consumption tax, enterprise income tax, resource tax, land value-added tax, urban maintenance and construction tax, property tax, land use tax, travel tax, education surcharge and other taxes and fees paid by enterprises according to law.
Taxes paid by holding companies include mineral resources compensation fees, occupation taxes and other taxes, as well as personal income tax collected and remitted by enterprises before being turned over to the state.
Second, subsidiaries
In international business, a subsidiary refers to a legal person enterprise of the host country established in accordance with the law with all or part of the shares invested by the parent company. The subsidiary is legally independent from the parent company and has an independent and complete company management organization system, so it has greater independence and certain flexibility in operation. At the same time, the business activities of subsidiaries should also be controlled by the parent company and obey the needs of the overall strategy and interests of the parent company. However, this control is indirect and positively related to the proportion of equity owned by the parent company.
Three. Matters needing attention of subsidiaries
The establishment of a holding company shall comply with the provisions of the Company Law on limited liability companies, and the registration of establishment shall be handled as a limited liability company.
With the consent of the parent company, the name of the holding subsidiary may use the name or trade name of the parent company, but the full name of the parent company may not be used.
legal ground
Article 14 of the Company Law of People's Republic of China (PRC) * * A company may set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company. A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law. Article 216 The meanings of the following terms in this Law: (2) Controlling shareholders refer to shareholders whose capital contribution of a limited liability company accounts for more than 50% of the company's total capital or whose shares of a joint stock limited company account for more than 50% of the company's total share capital; Although the capital contribution or the proportion of shares held is less than 50%, but according to their capital contribution or shares held, shareholders have enough voting rights to the shareholders' meeting and the resolutions of the shareholders' meeting.