1. The stamp duty rate of contract, construction contract and transportation contract is reduced from five ten thousandths to three ten thousandths.
2. Reduce the tax rate of some property rights transfer contracts: reduce the stamp duty rate of trademark rights, copyrights, patents and proprietary technology transfer documents from five ten thousandths to three ten thousandths.
3. The stamp duty rate of business books has been reduced from 0.5% of the total paid-in capital and capital reserve to 2.5%, and the provisions of Caishui [2018] No.50 are directly incorporated into legislation.
Obviously, VAT is not the basis for calculating stamp duty.
Article 5 The tax basis of stamp duty is as follows:
(1) The taxable basis of a taxable contract is the amount listed in the contract, excluding the specified value-added tax;
The taxable basis of the taxable property right transfer certificate is the amount listed in the property right transfer certificate, excluding the listed value-added tax.
(3) The taxable business account books are based on the paid-in capital (share capital) and total capital reserve recorded in the account books;
(4) The tax basis of securities trading is the transaction amount.
Cancel the mantissa rule and pay taxes according to the actual amount.
Article 3 of the original Provisional Regulations on Stamp Duty stipulates that if the tax payable is less than 1 jiao, stamp duty shall be exempted. If the tax payable is more than one corner, the tax mantissa is less than five points, and if it exceeds five points, it will be paid at one corner. The new Stamp Tax Law abolished this provision.
The stamp duty withholding agent has been added.
The original "Provisional Regulations on Stamp Duty" did not stipulate how overseas individuals pay stamp duty and whether they can withhold it at the source. This legislation adds provisions in this regard:
Legal basis:
Stamp duty law
Article 14
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.