Stamp duty is a kind of tax levied on the act of signing books and obtaining legally effective certificates in economic activities and economic exchanges. The current stamp duty only levies on the vouchers listed in the Stamp Duty Ordinance. The following small series introduces how to calculate the tax basis of stamp duty, which is of great benefit to you. Let's have a look.
How to calculate the tax basis of stamp duty
The tax basis of stamp duty is actually the final transaction price of the house. If it is a second-hand housing transaction, it can also be the evaluation price of second-hand housing. The tax rate of stamp duty is usually 0.05%, which means that the final transaction price of the house is directly multiplied by the tax rate of 0.05%, and the calculated value is the stamp duty that buyers and sellers need to pay. In the process of housing transaction, there are many kinds of taxes and fees, and stamp duty is only one of them. In addition to stamp duty, you also need to pay personal income tax, value-added tax, business tax, deed tax and so on.
How is the transaction stamp duty levied?
According to different tax items, stamp duty has two ways: ad valorem and specific amount.
(a) tax basis for determining the ad valorem tax.
(two) the determination of tax basis in the case of specific taxes. Other business account books, rights and licenses for specific taxation shall be subject to the taxable amount.
What does stamp duty mean in 2023?
Stamp duty is a kind of tax levied on the behavior of signing books and collecting legally effective certificates in economic activities and economic exchanges. It is named because it uses the seal attached to the taxable certificate as a tax payment symbol. Stamp tax law is the general name of legal norms regulating the relationship between stamp duty collection and payment.
Our country's laws strictly stipulate the scope of tax collection and taxable documents of stamp duty.
Charge range
1, taxpayer
(1) Taxpayers who make taxable vouchers are units and individuals who have direct rights and obligations to taxable vouchers.
(2) Taxpayers of loan contracts concluded by entrusted loans are the trustee and the borrower, excluding the principal.
(3) The taxpayers who pay stamp duty according to the sales contract or the tax items of property right transfer are the property owners and the buyers of the auction target, excluding the auctioneer.
Taxable voucher
1. Stamp duty shall be paid in accordance with the provisions for taxable vouchers used by bookshops outside People's Republic of China (PRC) in China. Including the following situations:
(1) If the subject matter of the taxable voucher is immovable property, the immovable property is within the territory;
(2) If the subject matter of the taxable certificate is equity, the equity is the equity of a China resident enterprise;
(3) If the subject matter of the taxable voucher is movable property or exclusive right to use a trademark, copyright, patent right or proprietary technology, its seller or buyer is in China, but it does not include the sale of movable property or exclusive right to use a trademark, copyright, patent right or proprietary technology by overseas units or individuals to domestic units or individuals;
(4) If the subject matter of the taxable voucher is services, the provider or the recipient is within the territory of China, but it does not include services provided by overseas units or individuals to domestic units or individuals that completely occur outside China.
2. If the business relationship between enterprises is confirmed by books, and no other documents such as orders and bills of lading are signed to clarify the rights and obligations of buyers and sellers, stamp duty shall be paid in accordance with the regulations.
3. Stamp duty shall be paid according to the tax items of purchase and sale contracts signed between power plants and power grids, and between power grids.
4. Vouchers under the following circumstances do not belong to the scope of stamp duty collection:
(1) Effective legal documents of people's courts, arbitration documents of arbitration institutions and supervision documents of supervisory organs.
(two) the people's governments at or above the county level and their subordinate departments shall, in accordance with the management authority, levy, recover or compensate the contracts, agreements or administrative documents of real estate warrants.
(3) The vouchers signed between the Head Office and branches, and between branches shall be taken as the implementation plan.
Why did you save 50% stamp duty?
Legal analysis:
It shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the actual situation in the region and the needs of macro-control. Small-scale taxpayers of value-added tax can reduce or exempt resource tax, urban maintenance and construction tax, property tax, urban land use tax, stamp duty (excluding stamp duty on securities transactions), farmland occupation tax, education surcharge and local education surcharge within 50% of the tax amount.
Legal basis:
People's Republic of China (PRC) Stamp Tax Law
Article 5 The tax basis of stamp duty is as follows:
(1) The taxable basis of a taxable contract is the amount listed in the contract, excluding the specified value-added tax;
(2) The taxable basis of the taxable property right transfer certificate is the amount listed in the property right transfer certificate, excluding the specified value-added tax;
(3) The taxable business account books are based on the paid-in capital (share capital) and total capital reserve recorded in the account books;
(4) The tax basis of securities trading is the transaction amount.
Article 6 If the amount is not specified in the taxable contract or property right transfer document, the tax basis of stamp duty shall be determined according to the actual settlement amount.
If the tax basis cannot be determined according to the provisions of the preceding paragraph, it shall be determined according to the market price at the time of conclusion of the contract and transfer of property rights; If government pricing or government-guided pricing should be implemented according to law, it shall be determined in accordance with relevant state regulations.
What is the stamp duty rate for sales contracts?
The tax rate of stamp duty on sales contracts is three ten thousandths of the contract amount. The contractor shall apply for decals at three ten thousandths of the purchase and sale amount. A purchase and sale contract refers to an agreement that one party transfers the ownership or management right of a commodity to another party and the other party pays the price. Purchase and sale contracts include supply contracts, purchase contracts, pre-purchase contracts, combined purchase and sale contracts, cooperation contracts and adjustment contracts.
The stamp duty rate applicable to the sales contract is 0.3‰. Purchase and sale contracts specifically include supply contracts, pre-purchase contracts, purchase contracts, combined purchase and sale contracts, coordination contracts, adjustment contracts, compensation contracts and barter contracts. According to the law, processing contracts and construction contracts also need to pay stamp duty.
Is the stamp duty on sales contracts halved?
Stamp duty on sales contracts is not halved. The enterprise is a small-scale taxpayer, and according to the relevant regulations, the stamp duty on the equity transfer agreement is halved; Enterprises are ordinary taxpayers and cannot enjoy the prescribed preferential tax policies, that is, the stamp duty on equity transfer agreements cannot be halved.