Stamp duty is a small tax levied on taxable economic vouchers established, received, and used in economic activities and economic exchanges. It has the characteristics of light tax burden, low tax rate, wide tax coverage, and high taxpayer Features such as self-payment of taxes. It got its name from the fact that tax stamps are affixed to taxable certificates as a sign of tax payment. Since the amount of stamp duty is small and difficult to control, many companies have low stamp duty compliance.
Finance and Taxation will use the following 6 cases to analyze the tax risks that are easily overlooked when paying stamp duty.
1. Do domestic enterprises need to withhold and pay stamp tax for overseas enterprises?
Case: Overseas Company B and Chinese Company A signed a non-patent technology transfer contract domestically. Company B transferred the non-patent rights to Company A for a price of 20 million yuan, and domestic Company A Stamp tax was paid for the tax item "Property Transfer Document", and at the same time, stamp tax was "withheld and paid" for Company B and the expenditure was included in management expenses.
Analysis: According to the "Notice on the Imposition of Stamp Duty on Technology Contracts" ([89] Guo Shui Di Zi No. 034), contracts written for the transfer of patent application rights and the transfer of non-patented technology shall be subject to For the tax item "Technical Contract", stamp duty should not be paid according to the tax item "Property Rights Transfer Document".
Furthermore, the current stamp tax-related documents do not clarify that domestic enterprises have the obligation to withhold and pay stamp tax for overseas enterprises. When handling stamp tax declaration and payment for overseas enterprises, overseas enterprises should apply for temporary tax registration to pay stamp tax. If a domestic enterprise "withholds and pays" stamp tax for an overseas enterprise, it may cause the overseas enterprise to fail to fulfill its obligation to declare and pay stamp tax. At the same time, the stamp tax withheld and paid by the domestic enterprise cannot be deducted as a deduction item for corporate income tax.
2. How to go through the stamp tax assessment and collection procedures?
Case: Since 2010, Industrial Enterprise A has used 75% of the total sales revenue and purchase amount as the tax calculation base to pay the stamp tax involved in the purchase and sale contract. In 2016, when the Inspection Bureau conducted a tax inspection on it, it was found that the company was unable to provide documentation proving that the tax authorities had assessed and levied taxes on it.
Analysis: "Notice of the State Administration of Taxation on Issues Concerning Further Strengthening the Collection and Management of Stamp Duty" (Guo Shui Han [2004] No. 150) stipulates that local tax authorities shall issue stamp tax assessments to taxpayers after they have approved the collection of stamp tax. A notice indicating the basis for calculating the tax collected and the specified tax payment deadline. At the same time, the "Notice on Issuing the Administrative Measures for the Assessment and Collection of Stamp Duty by the Guangzhou Local Taxation Bureau" (Sui Dui Shui Han [2009] No. 374) stipulates that if stamp tax is assessed and collected, the competent tax authority shall issue a "Notice on Tax Matters (Stamp Tax)" Approved collection)》. Enterprises cannot carry out the assessment and collection of stamp tax on their own. Instead, they need to go through the tax authorities' review or direct verification and other procedures, and hold the corresponding notice before they can carry out the assessment and collection of stamp tax.
3. Can the stamp duty paid in error or overpaid be refunded?
Case: When Company A was declaring stamp tax on a purchase and sale contract, it mistakenly entered the contract amount of 19 million yuan as 190 million yuan, resulting in an overpayment of stamp tax of 51,300 yuan, and applied for a stamp tax refund from the tax authorities.
Analysis: Some people believe that according to Article 24 of the Implementation Rules of the Interim Stamp Duty Regulations, anyone who affixes extra tax stamps shall not apply for tax refund or credit. Therefore, the 51,300 yuan in the above case should not be subject to tax refund.
In fact, this is not the case. Article 5 of the Interim Regulations on Stamp Duty stipulates that the taxpayer shall calculate the tax payable according to the regulations, purchase and affix all stamp tax stamps (hereinafter referred to as decals) at one time. In order to simplify the decal procedure, if the amount of tax payable is large or the number of decals is frequent, taxpayers may apply to the tax authorities to replace the decals with a payment letter or to make collective payments on a regular basis. Article 21 of the Implementation Rules of the Interim Regulations on Stamp Duty stipulates that if the tax payable on one voucher exceeds 500 yuan, the taxpayer shall apply to the tax authority in charge of filling in a payment statement or tax payment certificate in lieu of a decal.
Obviously, Article 24 of the Implementation Rules of the Interim Regulations on Stamp Duty refers to the use of decals to pay stamp tax. In this case, the payment letter is used to pay stamp tax, and the provisions of Article 24 do not apply. Therefore, the 51,300 yuan in the above case can be refunded.
4. Are all contracts taxable vouchers for stamp duty?
Case: Guangzhou Company A and Accounting Firm C signed an audit and consulting obligation contract, with the contract amount being 1 million yuan. In the same month, an advertising broadcast authorization letter was signed with TV station B. The amount of the authorization letter was 2 million yuan. Company A declared and paid stamp duty on all the above 3 million yuan.
Analysis: Article 1 of the Interim Regulations on Stamp Duty stipulates that entities and individuals who write and receive the vouchers listed in these regulations within the territory of the People's Republic of China and the People's Republic of China are all taxpayers of stamp duty and shall be liable in accordance with the regulations. This Ordinance provides for the payment of stamp duty. Therefore, taxable certificates that are not listed in the above-mentioned documents shall not be subject to stamp tax, that is, the above-mentioned audit and consulting obligation contracts shall not be subject to stamp tax. For company A and TV station B to sign a power of attorney for advertising broadcasts, the Guangdong Provincial Local Taxation Bureau's "Notice on the Collection of Stamp Duty on Advertising Contracts by Media Units" (Guangdong Local Taxation Fa [1998] No. 44) stipulates that the advertising acknowledgment letter for newspapers and magazines , TV station's advertising broadcast power of attorney, etc. are contractual documents, and the decals should be calculated in accordance with the stamp duty regulations. Therefore, the above-mentioned power of attorney for advertising broadcast shall be subject to stamp duty.
5. What are the precautions for collecting and paying stamp duty on time?
Case: Industrial enterprise A has a large production scale and signs a large number of commodity sales contracts every month, requiring frequent decals. Corporate Finance Lin, referring to the requirements for other tax declarations, without approval or filing, summarized and calculated the stamp tax payable for the month every month, and then made a declaration on the "Non-approved Tax Declaration" interface before the 15th of each month.
Analysis: According to Article 7 of the Interim Regulations on Stamp Duty, taxable vouchers must be stamped when they are written or received. Therefore, for enterprises that have not implemented the collective payment of stamp tax on a regular basis, the tax payment period of their stamp tax cannot be reported on a monthly basis with reference to other taxes.
The "Notice of the Ministry of Finance and the State Administration of Taxation on Changing the Management Measures for the Periodic Consolidated Payment of Stamp Duties" (Finance and Taxation [2004] No. 170) stipulates that if the same type of taxable vouchers needs to be stamped frequently, taxpayers can Depending on the actual situation, you can decide whether to pay stamp tax in a lump sum on a periodic basis. The deadline for collective payment is one month. Taxpayers who adopt the periodic summary payment method should inform the competent tax authorities in advance. Once the payment method is selected, it cannot be changed within one year. In terms of specific implementation, all localities have formulated corresponding management measures, which clearly stipulate the method for taxpayers to "notify the competent tax authorities" and the registration procedures. If a taxpayer chooses to pay stamp tax in a lump sum on a regular basis, he or she should promptly "notify" the tax authorities in accordance with the relevant procedures determined by the local tax authorities, and cannot adopt this method on their own without completing the relevant "registration" with the tax authorities.
6. Can the tax stamps purchased by the group company be distributed to each subsidiary company for use?
Case: A group company is headquartered in Guangzhou and has several subsidiaries located in South China. In order to facilitate centralized management, the group's financial staff purchased tax stamps and distributed them to its subsidiaries for use. All costs are included in the group's administrative expenses.
Analysis: The purchase of tax stamps by enterprises is generally an immediate matter and does not require approval from the tax source management department. Therefore, it sometimes happens that group companies purchase too many tax stamps and allocate them privately to subsidiaries for use. Article 1 of the Interim Regulations on Stamp Duty stipulates that entities and individuals who create and receive the vouchers listed in these regulations within the territory of the People's Republic of China are taxpayers of stamp tax and shall pay stamp tax in accordance with the provisions of these regulations. In addition, Article 10, Item 8 of the Enterprise Income Tax Law stipulates: "When calculating taxable income, the following expenditures shall not be deducted: (8) Other expenditures unrelated to the acquisition of income." According to the above provisions, if each subsidiary has a written, The act of receiving a taxable certificate is the taxpayer of stamp duty and must pay stamp duty in accordance with regulations.
The subsidiary is an independent legal entity, and the stamp tax borne by the group company for the subsidiary is other expenses unrelated to the income obtained, and the taxable income needs to be increased.
Are you now aware of the risks involved in stamp duty?
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