25 Hot Questions and Answers Related to Stamp Duty Since July 1st, the Stamp Tax Law of the People's Republic of China has been implemented. Recently, State Taxation Administration of The People's Rep

25 Hot Questions and Answers Related to Stamp Duty Since July 1st, the Stamp Tax Law of the People's Republic of China has been implemented. Recently, State Taxation Administration of The People's Republic of China 12366 Tax Service Platform released a batch of hot questions and answers about stamp duty, and selected 25 issues with high attention. Let's learn together. 1

What are the taxable vouchers for stamp duty? According to Article 2 of the Stamp Tax Law of the People's Republic of China (Decree No.89 of the President of the People's Republic of China), the taxable vouchers mentioned in this Law refer to the contracts, documents of transfer of property rights and business account books listed in the Table of Stamp Tax Items and Rates attached to this Law. According to the Table of Stamp Tax Items and Rates, contracts (written contracts) include loan contracts, financial leasing contracts, sales contracts, contracting contracts, construction contracts, transportation contracts, technology contracts, leasing contracts, storage contracts, and property insurance contracts; Transfer of property rights, including transfer of land use rights, transfer of land use rights, ownership of buildings and structures such as houses (excluding land contractual management rights and transfer of land management rights), transfer of equity rights (excluding those subject to stamp duty on securities transactions), and transfer of trademark exclusive rights, copyrights, patents and proprietary technology use rights; Business books; Securities trading.

When a company signs a contract with an overseas enterprise, should it help the overseas enterprise to withhold stamp duty? According to Article 14 of the Stamp Tax Law of the People's Republic of China (Decree No.89 of the President of the People's Republic of China), 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. according to the fourth paragraph of article 1 of the announcement of State Taxation Administration of The People's Republic of China on implementation and other related matters (State Taxation Administration of The People's Republic of China announcement No.14, 222), if a taxpayer is an overseas unit or individual and has an agent in China, its domestic agent shall be the withholding agent. The domestic agent of an overseas unit or individual shall withhold stamp duty according to regulations and report the tax payment to the competent tax authority where the domestic agent institution is located (residence). If the taxpayer is an overseas unit or individual and has no agent in China, the taxpayer shall declare and pay stamp duty on his own. Overseas units or individuals may report and pay to the competent tax authorities where the assets are delivered, where the domestic service provider or recipient is located (residence), and where the domestic bookkeeper of taxable documents is located (residence); Where the transfer of real estate property rights is involved, it shall be reported and paid to the competent tax authorities where the real estate is located.

Which taxable vouchers of insurance protection fund companies are exempt from stamp duty? According to the Notice of the Ministry of Finance and the State Administration of Taxation on Tax Policies Concerning Insurance Protection Funds (Cai Shui [218] No.41) and the Announcement of the Ministry of Finance and the State Administration of Taxation on Extending the Implementation Period of Some Preferential Tax Policies (Announcement No.6 of the Ministry of Finance and the State Administration of Taxation in 221), before December 31, 223, the following taxable vouchers of insurance protection fund companies will be exempted from stamp duty: 1.

2. Property rights transfer documents signed in the process of risk disposal and bankruptcy relief for insurance companies;

3. Re-loan contract signed with China People's Bank in the process of risk disposal of insurance companies;

4. A property insurance contract signed with an insurance company with the self-owned property of the insurance protection fund and the compensated assets received; stamp duty shall be levied on other parties who have signed the above-mentioned property right transfer documents or taxable contracts with the insurance protection fund company.

Is it necessary to levy stamp duty on loan contracts signed between financial institutions and small and micro enterprises? According to the Notice of the Ministry of Finance and the State Administration of Taxation on Tax Policies Related to Supporting Small and Micro Enterprises' Financing (Cai Shui [217] No.77) and the Announcement of the Ministry of Finance and the State Administration of Taxation on Extending the Implementation Period of Some Preferential Tax Policies (Announcement No.6 of the Ministry of Finance and the State Administration of Taxation in 221), before December 31, 223, the loan contracts signed between financial institutions and small and micro enterprises will be exempted from stamp duty. 5

Is stamp duty levied on the documents made by the property owner as a gift to the government, social welfare units and schools? Article 12 of the Stamp Tax Law of the People's Republic of China (Decree No.89 of the President of the People's Republic of China) stipulates that the following documents are exempt from stamp duty:

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(6) the document of property transfer signed by the property owner as a gift to the government, schools, social welfare institutions and charitable organizations;

What are the specific provisions for collecting stamp duty on contracts in the process of securitization of credit assets? According to Article 1 of the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Tax Policies Related to Credit Asset Securitization (Caishui [26] No.5): 1. On Stamp Duty Policy

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(3) During the process of credit asset securitization, the initiator and trustee shall, with the fund custodian (referring to the trustee's entrustment, be responsible for keeping the trust project property account. The same below), other taxable contracts signed by securities registration and custody institutions (referring to China Government Securities Depository and Clearing Co., Ltd.) and other institutions providing services for securitization transactions are temporarily exempt from the stamp duty payable by the initiator and trustee. (4) The sale of credit asset-backed securities by trustees and the trading of credit asset-backed securities by investors are temporarily exempt from stamp duty. (5) The fund account books specially set up by the sponsors and trustees for the securitization of credit assets are temporarily exempt from stamp duty.

If the amount contained in the stamp duty taxable certificate is in a currency other than RMB, how to calculate the tax payable? according to article 3, paragraph 5 of the announcement of the Ministry of finance and the state administration of taxation on the implementation caliber of stamp duty policies (announcement No.22 of the Ministry of finance and the state administration of taxation, 222), if the amount of taxable vouchers is in currencies other than RMB, the tax basis shall be determined by converting the central parity of RMB exchange rate on the day when the voucher is issued.

How to calculate and collect stamp duty when multiple parties * * * sign taxable contracts? According to Article 1 of the Stamp Tax Law of the People's Republic of China (People's Republic of China and Decree No.89 of the President of the People's Republic of China), if the same taxable voucher is written by two or more parties, the tax payable shall be calculated separately according to the amount involved. according to the first paragraph of article 3 of the announcement of the Ministry of finance and the state administration of taxation on the implementation of stamp duty policies (announcement of the Ministry of finance and the state administration of taxation No.22, 222), if two or more taxpayers are involved in the same taxable contract or taxable property right transfer document, and the amount involved by the taxpayers is not specified, the tax basis shall be determined by the amount listed in the taxable certificate shared equally by the taxpayers (excluding the listed value-added tax).

What tax items should stamp duty be levied on power purchase and sales contracts signed between power plants and power grids, and between power grids? according to the third paragraph of article 2 of the announcement of the Ministry of finance and the state administration of taxation on the implementation caliber of policies on certain issues of stamp duty (announcement no.22 of the Ministry of finance and the state administration of taxation in 222), stamp duty shall be paid according to the tax items of the purchase and sale contracts between power plants and power grids and between power grids.

How to pay stamp duty when different tax items are recorded on the same voucher? According to Article 9 of the Stamp Tax Law of the People's Republic of China (People's Republic of China and Decree No.89 of the President of the People's Republic of China), if the same taxable voucher contains more than two tax items and the amounts are listed separately, the tax payable shall be calculated separately according to the applicable tax items and tax rates; If the amount is not specified separately, the higher tax rate shall apply.

How to pay stamp duty when the actual settlement amount is inconsistent with the amount contained in the signed contract? according to article 3, paragraph 2 of the announcement of the Ministry of finance and the state administration of taxation on the implementation caliber of stamp duty policies (announcement of the Ministry of finance and the state administration of taxation No.22, 222), if the amount listed in the taxable contract and the taxable property right transfer document is inconsistent with the actual settlement amount, and the amount listed in the taxable certificate is not changed, the listed amount shall be taken as the tax basis; Where the amount listed in the taxable certificate is changed, the changed amount shall be the tax basis. If the amount listed in the taxable certificate that has paid the stamp duty increases after the change, the taxpayer shall pay the stamp duty for the increased amount; If the listed amount is reduced after the change, the taxpayer may apply to the tax authorities for refund or offset of stamp duty on the reduced amount. 12

Who will withhold and remit the personal income tax of mainland investors from the distribution of Hong Kong funds? according to article 2 of the announcement on the application of tax policies after transactional open-end funds are included in the trading interconnection mechanism between the mainland and Hong Kong stock markets (Announcement No.24 of the Securities and Futures Commission of the Ministry of Finance and the State Administration of Taxation, 222), China Securities Depository and Clearing Co., Ltd. is responsible for withholding and remitting the personal income tax of mainland investors from the distribution of funds in Hong Kong. 13

Can stamp duty be refunded for unfulfilled contracts? according to article 3, paragraph 7 of the announcement of the Ministry of finance and the state administration of taxation on the implementation of policies on certain issues of stamp duty (announcement No.22 of the Ministry of finance and the state administration of taxation, 222), the paid stamp duty will not be refunded or offset for unfulfilled taxable contracts and property rights transfer documents.

Which vouchers are not within the scope of stamp duty? according to article 2, paragraph 4, of the announcement of the Ministry of finance and the state administration of taxation on the implementation of policies on certain issues of stamp duty (announcement No.22 of the Ministry of finance and the state administration of taxation, 222), the vouchers under the following circumstances do not belong to the scope of stamp duty collection:

1. Effective legal documents of people's courts, arbitration documents of arbitration institutions and supervision documents of supervisory organs.

2. The people's governments at or above the county level and their subordinate departments shall, according to the administrative authority, levy, recover or compensate for the contracts, agreements or administrative documents of real estate bookends.

3. The vouchers signed between the head office and branches, and between branches, are used as the vouchers for implementing the plan.

How to determine the tax basis of stamp duty on the transfer of equity? according to the fourth paragraph of article 3 of the announcement of the Ministry of finance and the state administration of taxation on the implementation of policies on certain issues of stamp duty (announcement No.22 of the Ministry of finance and the state administration of taxation, 222), the tax basis of stamp duty for the taxpayer's transfer of equity is determined according to the amount listed in the property right transfer document (excluding the listed rights and interests that have not been actually contributed after subscription).

Is it necessary to pay stamp duty for contracts signed overseas? According to Article 1 of the Stamp Tax Law of the People's Republic of China (Decree No.89 of the President of the People's Republic of China), units and individuals who collect taxable vouchers for domestic use outside the People's Republic of China and abroad shall pay stamp duty in accordance with the provisions of this Law. according to the first paragraph of article 2 of the announcement of the Ministry of finance and the state administration of taxation on the implementation of policies on certain issues of stamp duty (announcement No.22 of the Ministry of finance and the state administration of taxation in 222), stamp duty shall be paid in accordance with the provisions for taxable vouchers that are used in China by people * * and books outside the country. Including the following situations:

1. If the subject matter of the taxable voucher is real estate, the real estate is in China;

2. If the subject matter of the taxable certificate is equity, the equity is the equity of the China resident enterprise;

3. If the subject matter of the taxable voucher is movable property or trademark exclusive right, copyright, patent right or proprietary technology use right, its seller or buyer is in China, but it does not include the sale of movable property or trademark exclusive right, copyright, patent right or proprietary technology use right by overseas units or individuals to domestic units or individuals;

4. If the subject matter of the taxable voucher is services, the provider or recipient is in China, but it does not include services provided by overseas units or individuals to domestic units or individuals that occur all abroad.

Do you need to pay stamp duty on orders and purchase orders between enterprises? according to article 2, paragraph 2, of the announcement of the Ministry of finance and the state administration of taxation on the implementation of policies on certain issues of stamp duty (announcement No.22 of the Ministry of finance and the state administration of taxation, 222), if documents such as orders, purchase orders, etc. defining the rights and obligations of buyers and sellers are signed between enterprises, and no sales contract is signed separately, stamp duty shall be paid as required.

How to pay stamp duty for contracts with unspecified amount? According to Article 6 of the Stamp Tax Law of the People's Republic of China (Decree No.89 of the President of the People's Republic of China), if the amount is not specified in the taxable contract or property transfer document, the tax basis of stamp duty shall be determined according to the actual settlement amount. According to the second paragraph of Article 1 of the Announcement of State Taxation Administration of The People's Republic of China on Implementation and Other Related Matters (State Taxation Administration of The People's Republic of China Announcement No.14, 222), if the amount is not specified in the taxable contract or the document of property right transfer, and the amount is determined at the subsequent actual settlement, the taxpayer shall report the status of the taxable contract and the document of property right transfer in the first tax declaration period after the actual settlement.

How to determine the tax basis of stamp duty for multimodal transport of goods within China? according to article 3, paragraph 6 of the announcement of the Ministry of finance and the state administration of taxation on the implementation caliber of stamp duty policies (announcement No.22, 222 of the Ministry of finance and the state administration of taxation), if the whole freight is settled uniformly at the place of departure, the whole freight will be taken as the tax basis of the transportation contract, and the stamp duty will be paid by both parties who settle the freight at the place of departure; If the freight is settled by stages, the freight by stages shall be used as the tax basis, and the parties handling the freight settlement shall pay stamp duty respectively.

Taxpayers enjoy preferential stamp duty. What should I do? according to the fifth paragraph of article 1 of the announcement of State Taxation Administration of The People's Republic of China on implementation and other related matters (State Taxation Administration of The People's Republic of China announcement No.14, 222), after the implementation of the stamp tax law, taxpayers will enjoy the preferential stamp duty policy and continue to implement the handling method of "judging by themselves, reporting for enjoyment and keeping relevant materials for future reference". Taxpayers shall bear legal responsibility for the authenticity, integrity and legality of the retained materials for future reference.

How to handle the preferential items of land value-added tax for taxpayers? according to the first paragraph of article 2 of the announcement of State Taxation Administration of The People's Republic of China on implementation and other related matters (State Taxation Administration of The People's Republic of China announcement No.14, 222), the original preferential policy of land value-added tax is implemented in the way of "taxpayer's own judgment, declaration and enjoyment, and relevant information kept for future reference". Taxpayers should fill in the declaration form according to the regulations when they declare the land value-added tax.