Individuals who transfer equity must pay personal income tax as "income from property transfer". The tax rate is 20%. The formula for calculating personal income tax on equity transfer:
Taxable income = income from property transfer - original value of property - reasonable expenses incurred in the transfer
Personal income tax payable = Taxable income × 20% According to the "Notice of the State Administration of Taxation on Strengthening the Administration of Personal Income Tax on Income from Equity Transfer" (Guo Shuihan [2009] No. 285)
1. Strengthening the basis for calculating tax on income from equity transfer Evaluation and review
2. Whether it complies with the principle of independent trading
3. Determine with reference to the share of net assets corresponding to the net assets per share or the equity ratio enjoyed by individual shareholders. Extended information
The public has misunderstandings about the “threshold”. The correct term should be "personal income tax exemption amount." There is a strict difference between "threshold point" and "exemption amount":
The so-called threshold point is the limit at which the taxable object reaches the taxable amount and starts to be taxed. No tax will be levied when the amount of taxable objects does not reach the threshold. Once the amount of the taxable object reaches or exceeds the threshold, tax will be imposed on the entire amount, instead of only the portion exceeding the threshold.
The so-called exemption amount refers to the amount exempted from taxation in the total amount of taxable objects. It is an amount deducted in advance from the total amount of taxable objects according to certain standards. The portion of the exemption amount is not taxed, only the portion exceeding the exemption amount is taxed.
The difference between the two is: Assume the number is 2,000 yuan, and your monthly salary is 2,001 yuan. If it is an exemption, 2,000 yuan will be exempted, and only the excess 1 yuan will be taxed. If it is The starting point is that if the amount is less than 2,000 yuan, no tax will be paid. If the amount exceeds 2,000 yuan, the full tax will be paid, that is, the tax will be paid based on 2,001 yuan.
Reduction and exemption items
According to the "Individual Income Tax Law of the People's Republic of China", the "Implementation Regulations of the Individual Income Tax Law of the People's Republic of China" and related documents and regulations It stipulates that the tax reduction and exemption policies for personal income tax mainly include:
(1) Science, education, technology, science and technology certificates issued by provincial people's governments, ministries and commissions of the State Council and units above the military level of the Chinese People's Liberation Army, as well as foreign organizations and international organizations. Bonuses in culture, health, sports, environmental protection, etc. are exempt from personal income tax.
(2) A volunteer foundation or similar organization with an institution and charter approved by the people's government at or above the township or town level (including townships and towns) or approved by the competent department of the people's government at or above the county level (including county level), Bonuses or prizes awarded to those who act bravely for justice shall be exempted from personal income tax upon approval by the competent tax authorities.
(3) Interest on bonds issued by the Ministry of Finance and financial bonds issued with the approval of the State Council held by individuals is exempt from personal income tax.
(4) Article 5 of the State Council's "Implementation Measures for the Collection of Personal Income Tax on Savings Deposit Interest" stipulates: "Income from education savings interest obtained by individuals and other special savings deposits or special savings determined by the financial department shall be taxed." Interest income from fund deposits is exempt from personal income tax. ”
Caishuizi (1999) No. 267 further stipulates that housing provident fund, medical insurance, etc. shall be paid in accordance with the proportions prescribed by the national or provincial local governments. Interest income derived from basic pension insurance and unemployment insurance funds deposited in personal bank accounts are exempt from personal income tax.
Personal income tax content
Income from wages and salaries
Income from wages and salaries refers to the wages, salaries, and Bonuses, year-end salary increases, labor dividends, allowances, subsidies and other income related to office or employment. This means that any income obtained by an individual, as long as it is related to employment or employment, regardless of the source of capital expenditure of the unit or payment in the form of cash, kind, securities, etc., is subject to tax on wages and salaries. .
Production and business income of individual industrial and commercial households
The production and business income of individual industrial and commercial households include four aspects:
(1) Through the industrial and commercial administrative department Income earned by individual industrial and commercial households in urban and rural areas who have been approved to open business and have obtained business licenses from production and operations in industry, handicrafts, construction, transportation, commerce, catering, service, repair and other industries.
(2) Income obtained by individuals who have obtained business licenses with approval from relevant government departments and engaged in running schools, medical treatment, consulting and other paid service activities.
(3) Income obtained by other individuals from engaging in individual industrial and commercial production and operations, that is, income obtained by individuals temporarily engaging in production and operation activities.
(4) Various taxable income related to production and operation obtained by the above-mentioned individual industrial and commercial households and individuals.
Income from contracted operations and leasing operations for enterprises and institutions
Income from contracted operations and leasing operations for enterprises and institutions refers to individual contracted operations, leasing operations, and subcontracting and subcontracting. Income from rent includes income from wages and salaries received by individuals on a monthly or per-time basis.
Income from labor remuneration
Income from labor remuneration refers to individuals engaged in design, decoration, installation, drawing, laboratory testing, medical care, law, accounting, consulting, lecturing, news, and broadcasting , translation, review, calligraphy and painting, sculpture, film and television, audio and video recording, performances, performances, advertising, exhibitions, technical services, introduction services, economic services, agency services and other services.
Income from author remuneration
Income from author remuneration refers to the income an individual obtains from the publication or publication of his or her works in the form of books or newspapers. The "works" mentioned here refer to works including Chinese and foreign texts, pictures, music scores, etc. that can be published and published in the form of books, newspapers and periodicals; "personal works" include my own writings, translated works, etc. If an individual receives remuneration for a posthumous work, tax shall be calculated based on the income item of the remuneration.
Income from royalties
Income from royalties refers to the income obtained by individuals from providing the right to use patents, copyrights, trademarks, non-patented technologies and other franchises. . Income from providing the right to use a copyright does not include income from royalties. The income obtained by the author from the public auction (bidding) of the original or copy of the manuscript of his written work shall be taxed as a royalty income item.
Interest, dividend, and bonus income
Interest, dividend, and bonus income refer to the interest, dividend, and bonus income obtained by individuals from owning debts and equity. Interest refers to personal deposit interest (the state announced that the interest tax will be abolished from the next day on October 8, 2008), interest on goods loans and interest on the purchase of various bonds.
Dividends, also known as dividends, refer to the investment benefits that stock holders receive from a joint-stock company on a regular basis based on their stocks according to the articles of association of the joint-stock company. Dividends, also known as company (enterprise) dividends, refer to the portion of profits that a joint-stock company or enterprise distributes in excess of dividends based on the profits that should be distributed on a per-share basis.
When a joint-stock enterprise pays dividends to individual shareholders in the form of stocks, or dividends, that is, bonus shares, the income tax shall be calculated based on the face value of the stocks distributed.
Income from property leasing
Income from property leasing refers to the income obtained by individuals from leasing buildings, land use rights, machinery, equipment, vehicles, and other properties. Property includes movable and immovable property.
Income from property transfer
Income from property transfer refers to the transfer of securities, equity, buildings, land use rights, machinery and equipment, vehicles and ships and other self-owned property by individuals to others or Income obtained from units includes income obtained from the transfer of real estate and movable properties. There is no tax for the time being on income derived from individual stock trading.
Reference: Baidu Encyclopedia: Personal Income Tax