Special VAT invoices for loan interest issued by banks shall not be deducted. The loan interest, investment and financing consulting fees, handling fees, consulting fees and other expenses directly related to loans paid by taxpayers to lenders when accepting loan services shall not be deducted from the output tax.
According to Caishui [2065438+06] No.36 Annex 1 Financial Services Bill, the fees paid by banks that have nothing to do with loan services are directly charged financial services, and special invoices for value-added tax can be obtained, and the input tax can be deducted according to regulations. Article 27 of the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Comprehensively Promoting the Pilot Reform of Business Tax to VAT (Caishui [2016] No.36) and the Implementation Measures for the Pilot Reform of Business Tax to VAT shall not be deducted from the output tax: (1) Goods purchased, services for processing, repairing and repairing, services for simple tax calculation, items exempted from VAT, collective welfare or personal consumption, intangible assets and real estate. The fixed assets, intangible assets and real estate involved only refer to the fixed assets, intangible assets (excluding other equity intangible assets) and real estate dedicated to the above projects.
Two, the general taxpayer of value-added tax interest on bank loans can be used as input deduction.
cannot
3. Can the special VAT invoice for loan interest issued by the bank be deducted?
Special VAT invoices for loan interest issued by banks shall not be deducted.
The loan interest, investment and financing consulting fees, handling fees, consulting fees and other expenses directly related to loans paid by taxpayers to lenders when accepting loan services shall not be deducted from the output tax.
According to Caishui [2065438+06] No.36 Annex 1 Financial Services Bill, the fees paid by banks that have nothing to do with loan services are directly charged financial services, and special invoices for value-added tax can be obtained, and the input tax can be deducted according to regulations.
Ministry of Finance and State Taxation Administration of The People's Republic of China No.016 No.36): Implementation Measures Article 27 The input tax amount of the following items shall not be deducted from the output tax amount:
(1) Goods purchased, processing, repair and replacement services, services, intangible assets and real estate used for simple taxable items, items exempted from value-added tax, collective welfare or personal consumption. Fixed assets, intangible assets, contingent assets, intangible assets (excluding other equity intangible assets) and real estate involved.
4. Can the bank loan interest invoice be deducted from the VAT?
According to the regulations, the bank's loan interest can be used to issue special invoices for value-added tax, but such special invoices cannot be deducted from taxes. It is stipulated in detail that the interest paid for loan services accepted by enterprises and the investment consulting fees, handling fees and consulting fees directly related to loans shall not be deducted from the input tax. The bank's loan interest is essentially a loan service and cannot be deducted by special votes. Except for bank interest, the purchased passenger services, catering services, daily services of residents and entertainment services are not deductible for input tax. Expenses unrelated to loan business, such as account opening fees and account management fees paid by banks, are directly collected financial services, and can obtain special invoices for value-added tax, and can be deducted from input tax according to regulations. If the enterprise has obtained the interest invoice, it can be deducted if it does not exceed the loan interest rate for the same period. However, not all bank loan interest can be deducted before tax. For example, if an enterprise obtains an irregular invoice, it cannot be deducted before tax if it fails to obtain the invoice. Corporate bank loans are obtained through the guarantee of related parties, and the debt ratio exceeds the standard, which cannot be deducted before tax. Legal basis: Article 27 of the Implementation Measures for the Pilot Reform of Business Tax to VAT shall not be deducted from the output tax. Attachment: Notes on sales services, intangible assets and real estate Item (5) of Article 1 refers to the business activities of lending funds to others to obtain interest income. All kinds of income from occupying and borrowing funds, including interest (including capital preservation income, remuneration, capital occupation fee, compensation, etc.). During the holding period of financial commodities, the interest income from credit card overdraft, interest income from buying and selling financial commodities back, interest income from margin financing and securities lending, interest income from leaseback after financing, bill discount, lending and other businesses shall be subject to VAT according to the loan business.