Does the company have to pay taxes on the sale of fixed assets?

Need. The tax basis of enterprise income tax is the net income of the enterprise. Although the disposal of fixed assets does not happen frequently for enterprises, it is not the main business, but it also belongs to the income of enterprises and needs to pay enterprise income tax. Income from the disposal of fixed assets shall be subject to enterprise income tax. However, it is not necessary to declare enterprise income tax separately, but to declare and pay enterprise income tax together with operating income on a quarterly basis.

Since June 5438+ 10/day, 2009, taxpayers selling their used fixed assets (hereinafter referred to as used fixed assets) shall collect value-added tax according to different situations:

(1) For the sale of self-use fixed assets purchased or self-made after June 65438+1 October12009, VAT shall be levied at the applicable tax rate;

(2) Taxpayers who were not included in the pilot project to expand the scope of VAT deduction before June 5438+February 3 1 day, 2008, and sold their purchased or self-made fixed assets before June 5438+February 3 1 day, 2008, will be subject to VAT at a reduced rate of 4%;

(3) Taxpayers who have been included in the pilot project of expanding the scope of VAT deduction before June 5438+February 3, 2008, before the pilot project of expanding the scope of VAT deduction in this area, sell their own purchased or self-made fixed assets, and the VAT is levied at a reduced rate of 4%; The sales of self-use fixed assets purchased or made by ourselves after the pilot project to expand the scope of VAT deduction in this region shall be subject to VAT at the applicable tax rate.

The used fixed assets mentioned in this notice refer to the fixed assets that have been depreciated by taxpayers according to the financial accounting system. The new tax law no longer takes whether the sales price is higher than the book price as the tax standard for selling fixed assets belonging to movable property.

Need to pay value-added tax, urban construction tax, education surcharge. Sales of movable property are not subject to business tax.

1 value-added tax. According to the enterprise tax law, when an enterprise sells its used taxable fixed assets, it will pay value-added tax at the rate of 4% regardless of whether it exceeds the original value. If it does not exceed the original value, it will be exempted from value-added tax and the input tax will not be deducted.

2. Business tax. If an enterprise sells real estate such as houses and buildings, it shall pay business tax according to the sales amount in accordance with the provisions of the business tax law, and the business tax rate is 5%.

Urban construction tax and education surcharge. If you pay value-added tax or business tax, you have to pay urban construction tax and education surcharge.

If you pay the value-added tax, you will not pay the business tax, only one of the two taxes will be levied. If the fixed assets sold are included in the operating income, the business tax will be paid at the turnover tax rate of 5%. But from the perspective of enterprises, it is cost-effective to pay VAT.

Legal basis: The goods purchased mentioned in Item (1) of Article 10 of the Provisional Regulations on Value-added Tax in People's Republic of China (PRC) do not include fixed assets used for both VAT taxable items (excluding VAT tax exemption items) and non-VAT taxable items, VAT tax exemption items (hereinafter referred to as tax exemption), collective welfare or personal consumption.