In this part, highway cost engineers focus on the familiarity of candidates with project-related taxes and engineering insurance. The understanding of the classification and related contents of financial statements was investigated.
I. Tax clauses related to project financing
According to the different nature of taxpayers, taxes can be divided into turnover tax, resource tax, income tax, property behavior tax, agricultural tax and customs duty. The main taxes paid by construction enterprises are business tax, income tax, urban maintenance and construction tax and education surcharge. In addition, it also involves property tax, land use tax, land value-added tax and so on.
1. Business tax
Refers to a turnover tax levied on for-profit industrial and commercial enterprises according to their turnover. Taxpayers of business tax refer to units and individuals that provide taxable services, transfer intangible assets or sell real estate in China.
The provision of taxable services refers to the services provided by transportation, construction, finance and insurance, post and telecommunications, culture and sports, entertainment and service industries, which fall within the scope of business tax collection.
Transfer intangible assets. Refers to the transfer of ownership or use right of intangible assets, including the transfer of land use right, trademark right, patent right, non-patented technology, copyright and goodwill.
Sell real estate. Refers to the paid transfer of real estate ownership, including the sale of buildings or structures and the sale of other land attachments; If the unit gives the real estate to others free of charge, it is regarded as selling the real estate; As a share investment in real estate, when transferring equity, it is also regarded as selling real estate.
Tax basis and tax rate
The taxable amount of business tax is generally calculated according to the taxable amount (taxable turnover) and the applicable tax rate, and the calculation formula is:
Taxable amount = taxable turnover? Applicable tax rate
Business tax is an in-price tax. The so-called in-price tax means that the value or price of a commodity contains taxable amount, so what is the formula? Turnover? The total price and extra-price expenses charged to the other party when providing taxable services to taxpayers, transferring intangible assets or selling real estate, that is, business income including tax. The specific provisions on the tax basis of business tax on construction industry and sales of real estate are as follows:
1) When a general contracting enterprise subcontracts a project, the turnover shall be the balance of the total contracted amount minus the price paid to the subcontractors;
2) If a construction enterprise is engaged in construction, repair and decoration projects, its turnover shall include the prices of raw materials, other materials and power used in the project, no matter how it settles accounts with the other party; Construction enterprises engaged in installation engineering operations, where the value of installed equipment is regarded as the output value of installation engineering, its turnover shall include the price of equipment;
3) No business tax will be levied for building houses for personal use; Self-built houses are sold to the outside world (excluding individual self-built houses), and their self-built behavior should pay business tax according to the construction industry; Then pay business tax according to the sales of the property.
(4) When a unit or individual sells or transfers the real estate it has purchased or the land use right it has acquired, the turnover shall be the balance of all income minus the original price of the real estate or the land use right it has acquired. Units and individuals selling or transferring real estate or land use rights obtained by repaying debts shall take the balance of total income minus the price of real estate or land use rights when repaying debts as the turnover.
China implements different proportional tax rates on business tax, the same tax rate in the same industry, and different tax rates in different industries.
According to national regulations, the following items are exempt from business tax: ① Childcare services, marriage introduction and funeral services provided by nurseries, kindergartens, nursing homes and welfare institutions for the disabled; (2) services provided by individuals with disabilities; ③ Medical services provided by hospitals, clinics and other medical institutions; (4) Educational services provided by schools and other educational institutions, and services provided by students through work-study programs; (5) Agricultural mechanization, irrigation and drainage, pest control, plant protection, agriculture and animal husbandry insurance and related technical training services, breeding and disease prevention of poultry, livestock and aquatic animals; ⑥ Ticket income for cultural activities held by memorial halls, museums, cultural centers, art galleries, exhibition halls, painting and calligraphy institutes, libraries and cultural relics protection units, and ticket income for cultural and religious activities held in religious places.
Taxpayers who have taxable behaviors of different tax items shall account for the turnover of different tax items separately. If the turnover is not accounted for separately, a higher use tax rate shall apply. Taxpayers engaged in taxable services and goods or non-taxable services shall separately account for the turnover of taxable services and the sales of goods or non-taxable services. If it cannot be accounted for separately or accurately, the taxable services shall be subject to value-added tax together with the goods or non-taxable services, and no business tax shall be levied. Cement prefabricated components, other components or building materials produced in factories and workshops owned by capital construction units and enterprises engaged in construction and installation business shall be subject to value-added tax when they are transferred for use. However, business tax is levied on prefabricated components manufactured at the construction site that are directly used in the construction projects of the unit or the enterprise, and value-added tax is not levied.
2. Income tax
Income tax is the general name of all kinds of taxes that take the net income of a unit (legal person) or an individual (natural person) as the object of taxation in a certain period.
At present, China's income tax is divided into enterprise income tax, foreign-invested enterprises and foreign enterprises income tax, personal income tax and so on.
Enterprise income tax.
① Taxpayers of enterprise income tax. Enterprises or organizations that practice independent economic accounting.
② The taxable object of enterprise income tax. Enterprise income tax is levied on the production, business income and other income of enterprises.
3 tax rate. The enterprise income tax is subject to the proportional tax rate of 33%.
④ Calculation of enterprise income tax. The calculation formula is as follows
Taxable amount = taxable income? Income tax rate
The tax basis of enterprise income tax is the taxable income realized by the enterprise in the tax year. Taxable income is the balance of the taxpayer's total income in each tax year MINUS allowable deductions.
Total income includes production, business income, property transfer income, interest income, rental income, royalty income, dividend income and other income.
The items that are allowed to be deducted refer to the costs, expenses and losses related to taxpayers' income. Its contents include production and operation costs, expenses of each period, taxes paid according to regulations (excluding value-added tax), various non-operating expenses, operating losses and investment losses that have occurred, and other losses.
The allowable deduction items are specified as follows:
① The loan interest of non-financial institutions is not higher than that calculated by the loan interest rate of similar financial institutions in the same period, which is allowed to be deducted.
② The wages paid by taxpayers to employees shall be deducted according to the taxable wages. The so-called taxable income refers to the salary standard that can be deducted when calculating the taxable income. Taxable wages shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government within the scope prescribed by the Ministry of Finance and reported to the Ministry of Finance for the record.
(3) Donations made by taxpayers for public welfare and relief are allowed to be deducted within 3% of the annual taxable income.
(4) The taxpayer's employee welfare funds, trade union funds and employee education funds are deducted respectively according to 14%, 2% and 1.5% of the total taxable wages.
⑤ Taxpayer's business hospitality, bad debt loss, net loss of property inspection, management fee of higher authorities, etc. Deduction is allowed after examination and approval by the competent tax authorities.
Items that cannot be deducted include capital expenditure, intangible assets transfer and development expenditure, illegal business fines and confiscation of property losses, late fees, fines and penalties of various taxes, compensation for losses caused by natural disasters or accidents, public welfare and disaster relief donations that exceed the allowable deduction range stipulated by the state, non-public welfare and disaster relief donations, various sponsorship expenses and other expenses unrelated to income.
Income tax for foreign-invested enterprises and foreign enterprises.
Foreign-invested enterprises refer to Chinese-foreign joint ventures, Chinese-foreign cooperative enterprises and foreign-funded enterprises; Foreign enterprises refer to foreign companies, enterprises and other economic organizations that have set up institutions and places in China to engage in production and operation, but have not set up institutions or places, but have obtained income from China. The income tax rate for foreign-invested enterprises and foreign enterprises is 30%; The local income tax rate is 3% of taxable income and the comprehensive burden rate is 33%.
3. Urban maintenance and construction tax
Urban maintenance and construction tax refers to the additional tax levied to raise funds for urban maintenance and construction. Taxpayers of urban maintenance and construction tax are units and individuals who are obliged to pay value-added tax, consumption tax and business tax. Urban maintenance and construction tax is based on the sum of the actually paid value-added tax, consumption tax and business tax, and is paid at the same time as the above three taxes.
If the taxpayer is located in the urban area, the tax rate is 7%; Where the taxpayer is located in a county or town, the tax rate is 5%; If the taxpayer is not in a city, county or town, the tax rate is 1%.
4. Additional education expenses
Education surcharge refers to the additional tax levied to develop local education and expand the sources of local education funds. Taxpayers attached to education fees are units and individuals who are obliged to pay value-added tax, consumption tax and business tax. The education surcharge shall be paid at the same time as the above three taxes according to the actual amount of value-added tax, business tax and consumption tax. The additional tax rate is 3%.
5. Property tax
tax payer
The taxpayer of property tax is the property owner of the house within the scope of taxation, including the property owner, mortgagee, custodian or user of the house owned by the state, collective and individual.
(1) If the property right belongs to the state, the business management unit shall pay taxes; If the property rights are owned by collectives and individuals, the collective units and individuals shall pay taxes.
(2) If the property right is pawned, the mortgagee shall pay taxes.
(3) If the property owner or mortgagee is not in the location of the house, the property right is not determined, and the rent dispute is not resolved, the house manager or user shall pay taxes.
(4) If the property of other units is used without rent, the user shall pay the property tax on his behalf.
(5) Property tax does not apply to foreign-invested enterprises, foreign enterprises and real estate operated by foreigners.
. tax payer
Property tax is paid for real estate. Commercial housing built by real estate development enterprises is not subject to property tax before sale;
Tax basis and tax rate
(1) ad valorem tax. The tax basis is the residual value after deducting the deduction ratio 10% ~ 30% from the original value of the property at the tax rate of 1. 2%。
The original value of real estate refers to the taxpayer's account book according to the accounting system? Fixed assets? The original price of the house recorded in the subject. The original value of the property should include all kinds of ancillary equipment that are inseparable from the house or supporting facilities that are not generally valued separately. Taxpayers should increase the original value of the house when rebuilding or expanding the original house.
Special issues that need attention:
1) joint investment in real estate, the tax basis of property tax should be treated differently, and property tax should be levied according to the residual value of real estate;
(1) Co-invest in real estate, and * * * bear operational risks.
(2) Joint venture investment in real estate does not bear operational risks, but only collects fixed income, and actually obtains real estate rent in the name of joint venture.
Therefore, the lessor should levy property tax according to the rental income.
2) If the house is rented by financing, the property tax shall be levied according to the residual value of the house, and the taxpayer of this tax shall be determined by the local tax authorities according to the actual situation during the lease period.
3) If the value of air-conditioning equipment in newly-built houses is included in the original value of the property, it will be included in the property tax calculation basis to calculate the property tax.
(2) from rent. Individual tax is based on the rental income of real estate, and the tax rate is 12%. For houses rented by individuals at market prices, property tax is temporarily levied at the rate of 4%.
6. Land value-added tax
: taxpayer
Taxpayers of land value-added tax are units and individuals who transfer state-owned land use rights, above-ground buildings and their attachments and earn income. Including domestic and foreign enterprises, administrative institutions, Chinese and foreign individuals.
Tax object
The tax object of land value-added tax: the value-added amount obtained by the transfer of state-owned land use right, above-ground buildings and their appendages with the state-owned land use right. The scope of land value-added tax is usually judged by three standards:
(1) Whether the transferred land use right is owned by the state.
(2) whether the land use right, the above-ground buildings and their attachments are transferred.
(3) whether the transfer of real estate gains.
Tax basis and tax rate
(1) tax basis. The tax basis of land value-added tax is the income obtained by the taxpayer from the transfer of real estate MINUS the amount of items deducted by the tax law.
The items that the tax law allows taxpayers to deduct from the transfer income include the following items:
1) Amount paid for obtaining land use right
(a) the land price paid by the taxpayer to obtain the right to use the land. It is feasible to obtain land use right through transfer.
Land price paid; Obtained by other means, used to pay the land transfer fee.
② Relevant registration and transfer fees paid in accordance with the unified national regulations.
2) Real estate development expenses, including compensation for land acquisition and demolition, preliminary engineering expenses, building installation expenses, infrastructure expenses, public facilities expenses, indirect development expenses, etc.
3) Real estate development expenses;
4) Taxes related to real estate transfer;
5) Other deductions;
6) Appraisal price of old houses and buildings.
Second, insurance laws and regulations related to engineering finance
There are many types of insurance involved in highway engineering construction, including engineering all risks, third party liability insurance, personal accident insurance and construction equipment insurance.
1. Engineering All Risks
(1) Insurance coverage
The contractor shall cover all risks and third-party liability insurance for this contract project in the names of both the owner and the contractor, and the insurance premium shall be listed separately in the tender offer and borne by the owner.
The so-called engineering all risks is a comprehensive risk, which is aimed at permanent projects, temporary projects and equipment and materials that have been transported to the construction site for permanent projects. This insurance covers any loss of completed projects, projects under construction, materials arriving at the site, temporary projects and other property at the site during the whole period from project commencement to completion handover, and can also cover the loss of completed projects caused by construction during the defect liability period.
What if the contractor is unwilling to insure? All risks? , can also be the contractor's materials, machinery and equipment, temporary works, completed projects, etc. , but it should be approved by the owner.
(2) Determination of insurance premium rate
The premium rate is related to the nature of the project (such as general civil buildings, roads and bridges, industrial buildings, chemical installations, dangerous goods warehouses, etc.). ) and the geographical and natural conditions of the project location, as well as the length of the construction period, the level of deductible and other factors. The contractor can negotiate a reasonable insurance rate with the insurance company according to the specific conditions of this project. The insurance amount for all risks of the project is calculated according to the total contract price, that is, the value when the project is completed.
(3) Insurance liability and exclusion liability for material losses.
1) scope of responsibility.
(1) During the insurance period, if the insured property listed in the insurance list is within the scope of the listed construction site, the insurer shall be responsible for compensation for material losses caused by any natural disasters or accidents, except for the liabilities. Natural disasters include: earthquake, tsunami, lightning, hurricane, typhoon, tornado, storm, rainstorm, flood, flood, freezing disaster, hail, landslide, avalanche, volcanic eruption, land subsidence and other irresistible destructive natural phenomena. Accidents refer to accidents and unexpected events beyond the control of the insured that cause material losses or personal injuries, including fires and explosions.
② The above-mentioned related expenses include the necessary site cleaning expenses and professional expenses, as well as the reasonable expenses incurred by the insured for taking rescue measures.
2) exemption. The insurer shall not be liable for compensation under the following circumstances
① Losses and expenses caused by design errors;
② The losses and expenses of the insured property caused by natural loss, inherent or potential defects, changes in the substance itself, spontaneous combustion, self-heating, oxidation, corrosion, leakage, rat and insect erosion, atmospheric change (climate or temperature), normal water level change or other gradual changes;
(3) Loss of the insured property itself due to defects in raw materials or poor workmanship and the expenses paid for replacement, repair or correction of this error;
(4) Loss of mechanical or electrical devices caused by non-external forces, or failure of construction machinery, equipment and mechanical devices;
(5) the cost of maintenance or normal maintenance;
⑥ Loss of files, documents, account books, bills, cash, various securities, charts and data, and packaging materials;
⑦ Shortage found during inventory;
(eight) vehicles and boats with public transport driver's license.
(4) Third party liability insurance
1) Insurance coverage
Because the project is carried out within the scope of the owner's project land, if any accident occurs at the construction site and nearby lots, which causes personal injury or property loss to the third party, the third party may ask the owner for compensation or bring a lawsuit. The owner requires the contractor to take out such liability insurance in order to exempt himself from responsibility. However, the property losses of the contractor or the owner at the construction site, or the casualties of employees of the company and other contractors engaged in work-related work at the site, do not belong to the compensation scope of the third party liability insurance, but belong to the scope of engineering all risks and personal accident insurance. Third party losses caused by accidents of vehicles with public transport and transport licenses are not covered by this third party liability insurance, but are covered by auto insurance.
2) Scope of responsibility
(1) During the insurance period, the insurance company shall be responsible for the economic compensation that should be borne by the insured in accordance with the law for personal injury, illness or property loss of a third party on the construction site and adjacent areas due to accidents directly related to the insurance project.
(2) The litigation expenses paid by the insured for the above reasons.
3) Exemption from liability
(1) Material losses or losses and expenses under this item;
(2) Loss of property, land and buildings caused by vibration, moving or weakening of supports, as well as any personal injury and material loss caused thereby;
③ Liability for compensation caused by the following reasons
A. The project owner, contractor or other interested parties or their employees who are engaged in engineering-related work on site.
Personal injury or illness of employees, workers and their family members;
B loss of property owned, cared for or controlled by the project owner, contractor or other interested parties or their employees and workers.
C. Accidents caused by cars, boats and planes with public transport driver's licenses;
D. according to the agreement with others, the insured shall pay compensation or other money.
(5) All exclusions. Insurance companies are not responsible for the following situations:
1) War, similar acts of war, hostile acts, armed conflicts, terrorist activities,? Any expenses and responsibilities caused by rebellion and coup; Confiscation, requisition, destruction or destruction by government order or any public authority; Any losses, expenses and responsibilities caused by strikes, riots and riots;
2) Any losses, expenses and liabilities caused by intentional acts or gross negligence of the insured and its representatives;
3) Any losses, expenses and responsibilities caused by nuclear fission, nuclear fusion, nuclear weapons, nuclear materials, nuclear radiation and radioactive pollution;
4) Any losses, expenses and responsibilities caused by air, land, water pollution and other kinds of pollution;
5) Any losses, expenses and responsibilities caused by partial or total shutdown of the project;
6) liquidated damages, delays, contract losses and other consequences;
7) Deductible to be borne by the insured as stipulated in the insurance policy schedule or relevant clauses.
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