If both parties to the equity transfer transaction are non-resident enterprises and conduct transactions abroad, the non-resident enterprises that have obtained the income shall declare and pay taxes to the competent tax authorities where the domestic enterprises where the equity transfer is located by themselves or entrust their agents.
In other words, the transferor needs to deduct the acquisition cost and related taxes from the equity transfer income and pay the enterprise income tax to the tax authorities where the domestic company is located.
The payment standard is to deduct the original investment price and expenses from the transfer transaction price, and pay personal income tax according to this difference of 20.
If there is no difference, there is no need to pay taxes.
Business tax is not levied on individual equity transfer, and individual income tax is paid on the value-added part of individual equity transfer according to "income from property transfer", and the tax rate is 20.
For the equity transfer agreement, stamp duty shall be paid according to the documents of property right transfer, and both parties to the contract shall pay 0.5% of the contract amount. Among them, the tax basis for declaration is obviously low, such as fair price and low price transfer, and without justifiable reasons, the competent tax authorities may refer to the net assets share corresponding to the net assets per share or the equity ratio enjoyed by individual shareholders for verification.
Article 71 of People's Republic of China (PRC) Company Law Shareholders of a limited liability company may transfer all or part of their shares to each other.
Shareholders' transfer of equity to persons other than shareholders shall be approved by more than half of other shareholders. Shareholders shall notify other shareholders in writing to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; Do not buy, as agreed to transfer.
Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer.
Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail.
Article 74 In any of the following circumstances, a shareholder who votes against the resolution of the shareholders' meeting may request the company to purchase its equity at a reasonable price:
(a) the company has not distributed profits to shareholders for five consecutive years, but the company has made profits for five consecutive years and meets the conditions for distributing profits as stipulated in this Law;
(2) The merger, division or transfer of the company's main property;
(3) Upon the expiration of the business term stipulated in the Articles of Association or other reasons for dissolution stipulated in the Articles of Association, the shareholders' meeting will adopt a resolution to amend the Articles of Association to make the Company survive.
If the shareholders and the company fail to reach an equity purchase agreement within 60 days from the date of adoption of the resolution of the general meeting of shareholders, the shareholders may bring a lawsuit to the people's court within 90 days from the date of adoption of the resolution of the general meeting of shareholders.