No need to pay stamp duty if there is no property transfer receipt
Stamp tax: Stamp tax must be paid if the property transfer document is involved
According to the Guozifa Property Rights [2005] No. 239, it is free of charge Both parties to the transfer should sign a free transfer agreement. Article 4 of the "Interim Regulations of the People's Republic of China on Stamp Duty" (State Council Order No. 11) stipulates: "The following certificates are exempt from stamp tax: (1) Copies or transcripts of certificates for which stamp duty has been paid; (2) Property owners Documents issued for donating property to the government, social welfare units, and schools; (3) Other certificates of tax exemption approved by the Ministry of Finance. "The free transfer of assets agreement is not listed in the "Provisional Regulations of the People's Republic of China on Stamp Duty". In the taxable certificate, therefore, no stamp duty is payable on the gratuitous transfer agreement; however, according to the provisions of the "Notice of the Ministry of Finance and the State Administration of Taxation on Stamp Duty Policies in the Process of Enterprise Restructuring" (Caishui [2003] No. 183), enterprises signed due to restructuring Property transfer documents are exempt from decals. For various stamp duty taxable contracts that were signed before the enterprise was restructured but have not yet been implemented, if only the implementing entity is changed after the reorganization and other terms remain unchanged, those that have been previously decaled will not be re-decaled. If the free transfer can be recognized as a restructuring, it will be tax-free, and the contract with the entity implementing the relevant changes will not need to be decaled. The so-called enterprise restructuring refers to the process of changing the original capital structure, organizational form, operation and management model or system of the enterprise in accordance with the law to objectively adapt to the new needs of enterprise development. In our country, the original single-ownership state-owned and collective enterprises are generally changed into corporate enterprises and joint-stock cooperative enterprises with multiple investment entities, or between domestic and foreign-funded enterprises. Based on the above analysis, if the free transfer of assets between enterprises involves the registration of property rights transfer, according to the provisions of the "Interim Regulations on Stamp Duty": "The property rights transfer document shall be stamped at 50,000% of the amount stated. Including property ownership and copyright, Transfer documents such as exclusive rights to trademarks, patent rights, and rights to use proprietary technology must all be subject to stamp tax as required.”
In addition, the issue of stamp tax on the free transfer of equity in listed companies through stock exchanges shall be based on the regulations. "Notice of the State Administration of Taxation on Approval Matters Concerning the Temporary Exemption of Stamp Duties on Securities (Stock) Transactions in Handling the Free Transfer of State-owned Equity of Listed Companies" (Guo Shui Han [2004] No. 941), for transactions that have been decided or approved by the State Council and provincial people's governments Stamp tax on securities (stock) transactions will not be levied for the time being on the free transfer of state-owned equity of listed companies that occurs due to the reorganization and restructuring of state-owned (including state-controlled) enterprises.