1. How to calculate the individual income tax of the partner enterprise?
The taxation of a partnership enterprise is based on the pre-tax profits, and the profits distributed by each partner are calculated according to the share proportion of each partner. Tax deduction, allowing a pre-tax deduction of 42,000, and a monthly deduction of 3,500. Then, according to the income from the production and operation of individual industrial and commercial households and the income from the contracted operation and lease operation of enterprises and institutions, the tax payable is calculated by using the five-level progressive tax rate table. The basis for calculating individual income tax is: the total income of the partnership-production and operation costs; Loss expense deduction standard = taxable income, and then use the level in the tax rate table corresponding to a taxable income to calculate how much tax should be paid.
Two. Individual income tax of partnership enterprises
Individual income tax of partnership enterprise: the partners of partnership enterprise shall determine the taxable income according to the distribution ratio agreed in the partnership agreement based on the production and operation income and other income of partnership enterprise. If there is no agreement or the agreement is unclear, the taxable income shall be determined according to the distribution ratio decided by the partners through consultation with all the income from production and operation and other income.
3. How is the partnership income tax calculated?
A partnership enterprise refers to a profit-making organization established in China by natural persons, legal persons and other organizations in accordance with the Partnership Enterprise Law. Two or more partners enter into a partnership agreement, in order to operate the same business, * * * jointly contribute capital, operate in partnership, * * * enjoy the benefits and * * * bear the risks. Economic transactions or events of partners should not be included in the accounting of partnership enterprises.
The Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Printing and Distributing the Individual Income Tax Provisions for Investors of Sole proprietorship and Partnership Enterprises (Caishui [2000] No.91) stipulates that each partner is a taxpayer of the partnership enterprise. The partners of a partnership enterprise shall determine the taxable income according to the total production and operation income of the partnership enterprise and the distribution ratio agreed in the partnership agreement. If the partnership agreement does not stipulate the distribution ratio, the taxable income of each investor shall be calculated according to the total income from production and operation and the number of partners. Among them, the income from production and operation includes the income distributed by the enterprise to individual investors and the income (profit) retained by the enterprise in that year. At the same time, the document stipulates that the individual income tax payable by investors shall be calculated on an annual basis and paid in advance in months or quarters. Investors shall pay it within 7 days after the end of each month or quarter, and settle it within 3 months after the end of the year, with overpayment and underpayment.
The Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on the Income Tax of Partners in Partnership Enterprises (Caishui [2008] 159) stipulates that each partner is a taxpayer of the partnership enterprise. 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 income from the production and operation of a partnership and other income shall be divided first and then taxed.
Therefore, the partnership enterprise takes each partner (i.e. the investor) as the taxpayer, and if the investor has no agreed proportion, the taxable income shall be calculated and determined based on the total production and operation income and the number of partners, and the personal income tax payable shall be calculated on an annual basis, paid in advance on a monthly or quarterly basis, and settled within three months after the end of the year.
Expense refers to the total outflow of economic benefits in the daily activities of an enterprise, which will reduce the owner's equity and has nothing to do with the distribution of profits to the owner. The individual income tax paid by the investor is borne by the investor himself, not the tax of the partnership enterprise, and cannot be included in the expenses of the partnership enterprise. For the accounting entity of the partnership enterprise, this tax belongs to the tax paid on behalf of investors, and should be included in the "other receivables" subject, and deducted from the profits distributed to investors by the partnership enterprise in the future. If the partners are legal persons or other organizations, the income from production and operation and other income obtained by the partners shall be subject to enterprise income tax.
In addition, the accounting treatment of individual income tax paid by investors of sole proprietorship enterprises should be borne by investors. The personal income tax paid does not belong to the expenses of the sole proprietorship enterprise, but should be regarded as the debt of the investor to the sole proprietorship enterprise, included in the subject of "other receivables-investors", and then deducted when distributing profits to investors in the future.
The above is a detailed introduction on how to calculate the individual income tax of partnership enterprises. The calculation of individual income tax in partnership enterprises has clear legal provisions, and it is also the obligation of partners in partnership enterprises to pay taxes on time according to law.