A partnership enterprise takes each partner as the taxpayer. If the partners of a partnership are natural persons, they shall pay individual income tax; If the partners are legal persons or other organizations, they shall pay enterprise income tax.
The revised "Partnership Enterprise Law" includes legal persons, stipulating that the income from production and operation and other income of a partnership enterprise shall be paid separately by the partners in accordance with the relevant tax regulations of the state.
Document C & ampT[2000] 9 1 stipulates that the balance of the total income of a partnership after deducting costs, expenses and losses in each tax year shall be regarded as the production and operation income of individual investors.
Investors' wages shall not be deducted before tax. If an investor operates two or more enterprises, the personal expenses that can be deducted shall be deducted from the income from the production and operation of one of the enterprises he chooses. Reasonable wages and salaries actually paid by enterprises to employees can be deducted before tax; The living expenses of investors and their families are not allowed to be deducted before tax.
Extended data:
The document Caishui [2000] 9 1 stipulates that the investors of a partnership enterprise shall determine the taxable income according to the production and operation income and distribution ratio of the partnership enterprise. If the distribution ratio is not stipulated in the partnership agreement, the average sum of all production and operation income shall be used to calculate the taxable income of each investor's partner. The new policy stipulates that the partners of a partnership enterprise shall determine the taxable income according to the following principles:
(1) The partners of a partnership enterprise shall determine the taxable income based on the production, operating income and other income of the partnership enterprise according to the distribution proportion agreed in the partnership agreement;
(2) If the partnership agreement is not stipulated or clearly stipulated, the taxable income shall be determined according to the total production and operation income and other income and the distribution ratio determined by the partners through consultation;
(3) If negotiation fails, the taxable income shall be determined according to the total production and operation income and other income of the partners and the proportion of paid-in capital;
(4) If the proportion of capital contribution cannot be determined, the taxable income shall be calculated according to the total production and operation income and other income of each partner and the number of partners.
The new policy also points out that the partnership agreement shall not stipulate that all profits shall be distributed to some partners. That is to say, compared with document [2000] 9 1, the new policy adds: "If no agreement can be reached through consultation, the taxable income shall be determined according to the total production and operation income and other income of the partners and their actual contribution ratio." If the proportion of capital contribution cannot be determined, the taxable income shall be calculated according to the total production and operation income and other income of each partner and the average number of partners, which is convenient for practical operation.