Here comes the dry goods!
Does the tax basis of deed tax include value added tax?
Can the diploma continuing education and skills certificate issued by foreign countries enjoy the special additional deduction of continuing education?
Can depreciation of unused machinery and equipment be deducted before enterprise income tax?
Is there any tax risk for our company to borrow money free of charge from shareholders?
In October, the State Administration of Taxation and the tax bureaus of various provinces and cities collected questions and answers online.One click to learn about the popular answers of various countries.
Q: can I enjoy the special additional deduction for continuing education if I have obtained the skill certificate issued by foreign countries?
No.According to the provisions of the Interim Measures for special additional deductions, the expenditures for continuing education of academic qualifications (academic degrees) accepted by taxpayers within the territory of China, as well as the expenditures for continuing education of vocational qualifications of skilled personnel and professional and technical personnel, can be deducted according to the provisions.As for the continuing education of academic qualifications and skills certificates issued by foreign countries, taxpayers who do not meet the requirements of "within China" shall not enjoy the special additional deduction for continuing education.
Q: How to deal with the loss of part of VAT invoice by taxpayer?Is there a penalty for lost invoices?
Hello!According to the announcement of the State Administration of Taxation on the comprehensive service platform for VAT invoice (Announcement No. 2020 of the State Administration of Taxation), it is stipulated that:
"4. If the taxpayer loses the invoice copy and deduction sheet of the special VAT invoice or the unified invoice for motor vehicle sales, the copy of the corresponding invoice bookkeeping sheet with the special seal of the seller's invoice can be used as the deduction voucher, tax refund voucher or bookkeeping voucher of the VAT input tax.
If a taxpayer loses the deduction form of a special VAT invoice or a unified invoice for motor vehicle sales, the copy of the invoice sheet of the corresponding invoice can be used as the deduction voucher or tax refund voucher of the input tax of the value-added tax;If a taxpayer loses the invoice sheet of the special VAT invoice or the unified invoice for motor vehicle sales, he / she may take the copy of the deduction copy of the corresponding invoice as the bookkeeping voucher.
5、 This announcement shall come into force as of the date of promulgation.Article 3 of the announcement of the State Administration of Taxation on simplifying the procedures for collecting and using VAT invoices (No. 9, 2014, revised by the State Administration of Taxation, No. 31, 2018) shall be repealed at the same time. "
According to the decision of the State Council on Amending the measures of the people's Republic of China for the administration of invoices (Order No. 587 of the State Council of the people's Republic of China), it is stipulated that:"Article 36 Any person who carries, mails or transports blank invoices across the prescribed areas of use, and carries, mails or transports blank invoices into or out of China shall be ordered by the tax authorities to make corrections and may be fined not more than 10000 yuan; if the circumstances are serious, a fine of not less than 10000 yuan but not more than 30000 yuan shall be imposed; if there are any illegal gains, they shall be confiscated.
Whoever loses or damages invoices without authorization shall be punished in accordance with the provisions of the preceding paragraph. "
Q: Does the tax basis of deed tax include value added tax?
The tax basis of deed tax does not include value-added tax
（1） For the sale of land-use right and house sale, the transaction price of deed tax levied by the receiver does not include value-added tax;If the VAT invoice is actually obtained, the transaction price shall be determined by the price excluding tax indicated on the invoice.
（2） For the exchange of land use right and house exchange, the tax basis of deed tax is the difference of price excluding value-added tax.
（3） The contract tax calculated price approved by the tax authorities is the price excluding value-added tax.
Announcement of the State Administration of Taxation on several matters concerning the service and collection of deed tax (Notice No. 25, 2021)
Q: We issued three special tickets to our customers in March.Now the contract has been changed. The three special bills need to be processed in red, and then the invoice will be issued separately.The name of the buyer's company has been changed, but the tax number has not changed.And the buyer has certified and deducted the three invoices.How to handle the special ticket red?What procedures are required?
Hello!According to the announcement of the State Administration of Taxation on the issue of red ink VAT invoice
Announcement of the State Administration of Taxation No. 47 of 2016
1、 After the general VAT taxpayer issues a special VAT invoice (hereinafter referred to as the "special invoice"), in case of sales return, wrong invoice, suspension of taxable service, etc., but the conditions for invalidation of the invoice are not met, or special red ink invoice needs to be issued due to partial return of sales and sales discount, it shall be handled according to the following methods:
（1） If the buyer obtains the special invoice and has been used for declaration and deduction, the buyer can fill in and upload the information form for issuing red ink VAT special invoice (hereinafter referred to as the information form) in the new VAT invoice management system (hereinafter referred to as the "information form", see the annex for details). When filling out the information form, the corresponding blue ink special invoice information shall not be filled in, and the information form shall be temporarily followedThe listed VAT amount is transferred out from the current input tax. After obtaining the special red ink invoice issued by the seller, it will be used as bookkeeping voucher together with the information sheet.
（2） The competent tax authority receives the information form uploaded by the taxpayer through the network. After the system automatically checks, it generates the information table with "red ink invoice information table number", and synchronizes the information to the taxpayer side system.
（3） The Seller shall issue a special red ink invoice based on the "information form" verified by the tax authority system, and issue it in the new system as a negative number of sales.The special red ink invoice shall correspond with the information sheet one by one.
（4） Taxpayers can also use the electronic information or paper data of the information form to conduct systematic verification to the tax authorities.
Q: How to deduct individual income tax for construction and installation enterprises engaged in construction and installation engineering in other places?
According to the relevant provisions of the announcement of the State Administration of Taxation on the collection and management of personal income tax of construction and installation industry cross provincial and non local engineering operators (Announcement No. 52, 2015 of the State Administration of Taxation)
1、 The personal income tax on wages and salaries of the management personnel, technical personnel and other staff of the general contracting enterprise and the sub contracting enterprise dispatched to cross provincial and non local engineering projects shall be withheld and paid by the general contracting enterprise and the sub contracting enterprise according to law, and shall be declared and paid to the local tax authorities where the project is located.
The personal income tax on wages and salaries obtained by general contracting enterprises and sub contracting enterprises through labor dispatch companies during the period of trans provincial and non local work shall be withheld and paid by the labor dispatch company in accordance with the law, and shall be declared and paid to the local tax authorities where the project is located.
2、 The construction unit across provinces and other places shall apply to the local tax authority where the project operation is located for the detailed declaration of full withholding of all employees for the income from wages and salaries paid by them.Where the detailed declaration is fully withheld by all employees, the tax authorities at the place where the project is carried out shall not check and collect individual income tax.
3、 If the local tax authorities of general contracting enterprises, sub contracting enterprises and labor dispatching companies need to master the payment of personal income tax on wages and salaries of engineering workers in other places, the local tax authorities shall provide timely information.The local tax authorities of general contracting enterprises, sub contracting enterprises and labor dispatching companies shall not double tax the income of paid wages and salaries of Engineering operators in other places.The tax authorities of the two places should strengthen communication and coordination to effectively safeguard the rights and interests of taxpayers.
4、 The collection and management of individual income tax of construction and installation workers in different places within the province shall be implemented with reference to this announcement.
Q: Teacher, our company often borrows money from individual shareholders free of charge. At present, the balance of other accounts payable has reached 20 million yuan. Is there any tax risk?
According to the Ministry of Finance The Circular of the State Administration of Taxation on comprehensively launching the pilot project of replacing business tax with value-added tax (CS  No. 36) stipulates that the service provided by units or individual businesses to other units or individuals free of charge (except for those used for public welfare undertakings or targeting the public) shall be regarded as sales.First of all, there is no tax risk on the value-added tax, because for individual shareholders, providing loan services to the company free of charge does not need to be regarded as selling loan services.
According to the individual income tax law, if the business transactions between an individual and his / her related parties do not conform to the principle of independent transaction and reduce the tax payable by himself or his / her related parties without justifiable reasons, the tax authorities have the right to make tax adjustments in accordance with reasonable methods. If supplementary tax is needed, the tax shall be collected and interest shall be added according to law.
Because the company and its shareholders belong to related parties, the shareholders lend to the enterprise for free. If there is no legitimate reason, there is a risk of tax adjustment by the tax bureau.
Q: According to the accounting standards for Business Enterprises No. 4 - fixed assets, the enterprise shall make depreciation for all fixed assets;Except for the fixed assets which have been fully depreciated and are still in use and the land which is separately priced and recorded.Then, can the depreciation of machinery and equipment not put into use be deducted before enterprise income tax?
According to Article 11 of the enterprise income tax law of the people's Republic of China, the depreciation of fixed assets calculated by the enterprise in accordance with the provisions is allowed to be deducted when calculating the taxable income.No depreciation deduction shall be made for the following fixed assets:
（1） Fixed assets other than houses and buildings that have not been put into use;
（2） Fixed assets leased in the form of operating lease;
（3） Fixed assets leased out by means of financial leasing;
（4） Fixed assets that have been fully depreciated and are still in use;
（5） Fixed assets unrelated to business activities;
（6） Land which is separately appraised and recorded as fixed assets;
（7） Other fixed assets that are not allowed to calculate depreciation deduction.
According to the tax law, the depreciation of machinery and equipment not put into use can not be deducted before the enterprise income tax.