II. Major changes in the new stamp tax law compared with the Provisional Regulations on Stamp Duty
1. Make it clear that VAT is not the basis for calculating and paying stamp duty. Taxable contract: the tax basis is the amount listed in the contract, excluding the listed VAT tax. Documentary evidence of taxable property right transfer: the tax basis is the amount listed in the data of property right transfer, excluding the listed value-added tax. Note: If the contract signed by the taxpayer is tax-included, and the value-added tax is not listed separately, the stamp duty shall be paid in full.
2. Stamp duty on securities transactions is included in the legal norms. Stamp duty on securities transactions is included in the scope of taxation, which can eliminate the worry of levying securities transaction tax.
3. The scope of tax collection has been reduced, and the provision that 5 yuan stamp duty is levied on each piece of rights and licenses has been abolished.
4. Reduce the tax rate (1) The tax rate of processing contracts, construction engineering survey and design contracts and cargo transportation contracts has been reduced from five ten thousandths to three ten thousandths. (2) Reduce the tax rate for some property rights transfer contracts: reduce the tax rate for the transfer documents of trademark exclusive right, copyright, patent right and proprietary technology use right from five ten thousandths to three ten thousandths. (3) The stamp duty rate of business books was reduced from .5% of the original "total paid-in capital and capital reserve" to 2.5%, and the provisions of Caishui [218] No.5 were directly incorporated into legislation.
5. It is stipulated that the taxable amount held by multiple parties in the same taxable voucher is written by two or more parties, and the taxable amount shall be calculated respectively according to the amount involved. The original regulation was "one full decal held by each party."
6. Cancel the mantissa rule and pay taxes directly according to the actual tax amount. Article 3 of the Provisional Regulations on Stamp Duty stipulated that stamp duty shall be exempted if the tax amount is less than 1 cents. If the amount of tax payable is more than one corner, if the tax mantissa is less than five points, it will not be counted, and if it is over five points, it will be paid at one corner. The new Stamp Tax Law abolished this provision.
7. New withholding agent for stamp duty. If the taxpayer is an overseas unit or individual and has an agent in China, its domestic agent shall be the withholding agent; If there is no agent in China, the taxpayer shall declare and pay the stamp duty by himself, and the specific measures shall be formulated by the competent tax department of the State Council.
8. Clarify the tax payment time (1) The tax payment obligation of stamp duty occurs on the day when the taxpayer issues a taxable voucher or completes the securities transaction. (2) The time when the obligation of withholding stamp duty on securities transactions occurs is the day when the securities transactions are completed. (3) Stamp duty is traded on a quarterly basis and by coupons. Stamp duty withholding agents shall declare the tax paid and the interest settled by banks within five days from the end of each week.
9. The practice of light taxes and heavy penalties has been abolished, and the original Provisional Regulations on Stamp Duty has been implemented in accordance with the tax collection and management law. There is a tradition of light taxes and heavy penalties, and now the new Stamp Tax Law cancels this provision.
1. Defining the scope of reduction or exemption from stamp duty According to the relevant provisions of the Stamp Tax Law and other documents, various vouchers will be exempted from stamp duty. The latest table of stamp duty items and tax rates
III. Preferential tax policies for stamp duty
1. Tax-free vouchers stipulated in the Stamp Tax Law (1) Copy or copy of taxable vouchers. (2) Foreign embassies, consulates and representative offices of international organizations in China, which should be exempted from tax according to the law, obtain taxable vouchers for library books. (3) Taxable vouchers signed by China People's Liberation Army and Chinese People's Armed Police Force. (4) Purchase and sale contracts and agricultural insurance contracts for farmers, family farms, farmers' professional cooperatives, rural collective economic organizations and villagers' committees to purchase agricultural means of production or sell agricultural products. (5) Interest-free or interest-subsidized loan contracts, and loan contracts signed by international financial organizations to provide preferential loans to China. (6) the property right transfer document signed by the property owner to give the property to the government, schools, social welfare institutions and charitable organizations. (7) the sale contract for the non-profit medical and health institutions to purchase drugs or health materials. (8) Electronic orders entered into by individuals and e-commerce operators.
2. According to the needs of national economic and social development, the State Council can reduce or exempt stamp duty in cases such as ensuring residents' housing demand, enterprise restructuring, bankruptcy and supporting the development of small and micro enterprises, and report it to the NPC Standing Committee for the record.
3. Preferential tax policies stipulated in documents other than the Stamp Tax Law (1) Stamp stamps are temporarily exempted for the consignment documents issued by railway, highway, shipping and waterway for express luggage and parcels. (2) Do not stamp the account books set up in the workshops, retail outlets and warehouses of enterprises that are not within the scope of accounting. (3) If you handle a business such as transportation, warehousing, custody, property insurance, bank loans, etc., you will only stamp the contract, and all kinds of documents opened will not be stamped. (4) Taxpayers who have performed and applied the contract find that the actual settlement amount is inconsistent with the amount contained in the contract, and generally no longer subsidize the stamp. (5) The settlement voucher for transportation of emergency relief materials shall be exempted from stamp duty. (6) The publishing contract and the agency contract signed between the agency and the entrusting unit are not subject to stamp duty.