1. The sale of intangible assets wholly used in China by overseas units or individuals belongs to the sale of intangible assets in China. For example, overseas company A transfers the domestic chain operation right of company A to domestic company B;
2. Intangible assets that are not fully used abroad and sold by overseas units or individuals to domestic units or individuals belong to intangible assets sold in China. For example, overseas company C transfers a patented technology to domestic company D, and the patented technology is used in both domestic and overseas production lines of company D;
3. Enterprises selling intangible assets, which are patented or non-patented technologies, shall be exempted from value-added tax; If the intangible assets are land use rights, the value-added tax shall be calculated and paid according to the tax rate of 1 1%; Other intangible assets are subject to VAT at the rate of 6%;
4. If the enterprise is a small-scale taxpayer, the value-added tax shall be determined according to the simple taxation method, and the tax rate shall be 3%.
Value-added tax is characterized by:
1, with the value-added amount as the tax object. From the tax object, no matter how different the statutory value-added tax is in different countries, the value-added tax is based on the value-added tax instead of the total sales;
2, the implementation of universal taxation. It has a broad tax base both horizontally and vertically. From the perspective of the horizontal relationship between production and operation, regardless of industrial, commercial or labor activities, as long as there is value-added income, it is necessary to pay taxes; From the vertical relationship of production and operation, no matter how many production and operation links each commodity goes through, it should be taxed according to the value-added amount of each link;
3. Implement multi-link taxation. In terms of tax payment, value-added tax is a multi-link taxation, that is, it is taxed separately in production, wholesale, retail, provision of labor services, import and other business links, rather than only in a certain link.
To sum up, VAT is a kind of turnover tax, and the difference between output tax and input tax is VAT payable. Value-added tax is an extra tax. In accounting, output tax and input tax have nothing to do with cost, while the extraction of output tax and deduction of input tax are accounted for in the subject of "tax payable-value-added tax payable", which has nothing to do with financial expenses and is not reflected in the income statement.
Legal basis:
Article 1 of the Provisional Regulations of People's Republic of China (PRC) Municipality on Value-added Tax
Units and individuals selling goods or processing, repair and replacement services (hereinafter referred to as services), services, intangible assets, real estate and imported goods within the territory of People's Republic of China (PRC) are taxpayers of value-added tax and shall pay value-added tax in accordance with these regulations.
essay
Taxpayers operating consumer goods subject to consumption tax at different rates (hereinafter referred to as taxable consumer goods) shall separately account for the sales and quantity of taxable consumer goods at different rates; If the sales volume and quantity are not accounted separately, or taxable consumer goods with different tax rates are sold as complete sets of consumer goods, the higher tax rate shall apply;
Article 4
Taxable consumer goods produced by taxpayers are taxed at the time of sale. Taxpayers who produce taxable consumer goods for their own use and use them for the continuous production of taxable consumer goods are not taxed; If it is used for other purposes, it will be taxed when it is transferred. Taxable consumer goods entrusted for processing shall be collected and remitted by the entrusted party at the time of delivery to the entrusting party, unless the entrusted party is an individual. The taxable consumer goods processed by the entrusting party are used for the continuous production of taxable consumer goods, and the tax paid is allowed to be deducted according to the regulations.