[Document Caishui 20 19] Appendix I of Caishui 20 1636

1. The VAT rate of the four major industries is determined to be 6%, 1 1%.

New Deal:

VAT rate:

(a) taxpayers engaged in taxable activities, the tax rate is 6%, except as stipulated in items (2), (3) and (4) of this article.

(2) Providing transportation, postal services, basic telecommunications, construction and real estate leasing services, selling real estate and transferring land use rights at the tax rate of 1 1%.

(3) Providing tangible movable property leasing services at the tax rate of 17%.

(4) Cross-border taxable acts of domestic units and individuals, with a tax rate of zero. The specific scope shall be stipulated separately by the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China.

China tax: Compared with the tax rates of 3% and 5% under the business tax system, the value-added tax rate of real estate and construction is determined to be 1 1%. Under the general taxation method (output tax-input tax), if the investment is insufficient and the bargaining power is limited, the tax burden may increase greatly.

II. Deductible items and non-deductible items

New Deal: The following input taxes are allowed to be deducted from the output tax:

(1) The value-added tax indicated on the special VAT invoice (including the unified invoice for tax-controlled motor vehicle sales, the same below) obtained from the seller.

(2) The value-added tax indicated in the special payment book for customs import value-added tax obtained from the customs.

(3) For purchasing agricultural products, in addition to obtaining the special VAT invoice or the special payment letter for customs import VAT, the input tax shall be calculated according to the purchase price of agricultural products and the deduction rate of 65,438+03% indicated in the agricultural product purchase invoice or sales invoice. The calculation formula is:

Input tax = purchase price × deduction rate

The purchase price refers to the price indicated on the purchase invoice or sales invoice of agricultural products purchased by taxpayers and the tobacco tax paid in accordance with the regulations.

The purchase of agricultural products, in accordance with the "agricultural products VAT input tax deduction pilot implementation measures" to deduct the input tax except.

(4) Value-added tax indicated on the tax payment certificate obtained from the tax authorities or withholding agents for purchasing labor services, intangible assets or real estate from overseas units or individuals.

New Deal: The input tax of the following items shall not be deducted from the output tax:

(1) Goods purchased, processing, repair and replacement services, services, intangible assets and real estate used for simple taxable items, items exempted from value-added tax, collective welfare or personal consumption. The fixed assets, intangible assets and real estate involved only refer to the fixed assets, intangible assets (excluding other equity intangible assets) and real estate dedicated to the above projects.

Taxpayers' social and entertainment consumption belongs to personal consumption.

(two) abnormal loss of purchased goods, and related processing, repair and replacement services and transportation services.

(3) Goods purchased (excluding fixed assets), processing and repair services and transportation services consumed by products in process and finished products with abnormal losses.

(four) the abnormal loss of real estate, as well as the commodity procurement, design services and construction services consumed by the real estate.

(5) Goods purchased, design services and construction services consumed by the real estate under construction with abnormal losses.

Taxpayers' newly built, rebuilt, expanded, repaired and renovated real estates are all real estate projects under construction.

(six) the purchase of passenger services, loan services, catering services, residents' daily services and entertainment services.

(seven) other circumstances stipulated by the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China.

The goods mentioned in Items (4) and (5) of this article refer to materials and equipment that constitute real estate entities, including building decoration materials and water supply and drainage, heating, sanitation, ventilation, lighting, communication, gas, fire protection, central air conditioning, elevators, electrical and intelligent building equipment and supporting facilities.

China Tax: As the tax rates of the four major industries have all increased, the management of deductible items is very important, which directly determines the tax burden. Enterprises should attach great importance to the acquisition and management of deduction vouchers. At the same time, if the seven non-deductible legal situations listed in the New Deal are followed up, it will face the legal consequence that "the input tax should be deducted from the current input tax". Therefore, in the future, the management of invoices and other deduction vouchers for real estate, construction, finance and life services should be managed by the company.

Three, cancel the mixed operation, keep the mixed sales, run should be accounted for separately.

New Deal:

Taxpayers engaged in goods, labor services, services, intangible assets or real estate, where different tax rates or levy rates apply, shall separately account for the sales at different tax rates or levy rates; If it is not accounted for separately, a higher tax rate shall apply.

New Deal: If a sales behavior involves both services and goods, it belongs to mixed sales. Units and individual industrial and commercial households engaged in the production, wholesale and retail of goods shall pay value-added tax according to the goods sold; Other units and individual industrial and commercial households mixed sales behavior, should pay value-added tax according to sales services.

Units and individual industrial and commercial households engaged in commodity production, wholesale and retail mentioned in this article include units and individual industrial and commercial households mainly engaged in commodity production, wholesale, retail and sales services.

New Deal: If a taxpayer concurrently engages in tax exemption or reduction projects, it shall separately account for the sales of tax exemption or reduction projects; If it is not accounted for separately, it shall not be reduced or exempted.

China Taxation: After the start of the 20 12 camp reform, the new concept of "mixed operation" appeared and the New Deal was cancelled. For the "mixed sales" that everyone thought would be cancelled before, it was retained. Specifically, if a sales activity involves both services and goods, it will be taxed as "selling goods" or "selling services" respectively according to the situation. For part-time business, taxpayers should pay attention to accounting, otherwise they will face applications.

Four, real estate, construction, financial taxable behavior of the tax obligation time.

New Deal:

The occurrence time of VAT tax obligation and withholding obligation is:

(1) The day when the taxpayer conducts taxable activities and receives the sales payment or obtains the voucher for claiming the sales payment; If the invoice is issued first, it is the day of invoice issuance.

Sales revenue refers to the money received by taxpayers during or after the sale of labor services, intangible assets and real estate.

The date of obtaining the sales payment voucher refers to the payment date determined in the written contract; If a written contract is not signed or the date of payment is not determined in the written contract, it is the date when the transfer of labor services and intangible assets is completed or the ownership of real estate is changed.

(2) If a taxpayer provides construction services or lease services in the form of advance payment, the time of tax payment obligation shall be the day when the advance payment is received.

(3) If the taxpayer is engaged in the transfer of financial commodities, it is the day when the ownership of financial commodities is transferred.

(4) Under the circumstances as stipulated in Article 14 of these Measures, the taxpayer's tax obligation occurs on the day when the transfer of labor services and intangible assets is completed or the ownership of real estate is changed.

(5) The time when the VAT withholding obligation occurs is the day when the taxpayer's VAT payment obligation occurs.

China Taxation: From the perspective of tax law, after the tax obligation occurs, the behavior of the operator will be brought into the line of sight of tax collection and management, which depends on the time limit and method of tax declaration. Therefore, for the four major industries, the time when the tax obligation occurs is very important. First, we must comply with the regulations, otherwise we will face the risk of late payment fees or even fines; Second, it is necessary to plan rationally, and delay the occurrence of tax obligations through contract terms, which will bring the time value of funds, especially for the financial and real estate industries, the amount of funds is often huge, and delaying the occurrence of tax obligations is tantamount to obtaining an interest-free loan.

Five, real estate, construction, financial taxable behavior of the tax obligation time.

New Deal:

The occurrence time of VAT tax obligation and withholding obligation is:

(1) The day when the taxpayer conducts taxable activities and receives the sales payment or obtains the voucher for claiming the sales payment; If the invoice is issued first, it is the day of invoice issuance.

Sales revenue refers to the money received by taxpayers during or after the sale of labor services, intangible assets and real estate.

The date of obtaining the sales payment voucher refers to the payment date determined in the written contract; If a written contract is not signed or the date of payment is not determined in the written contract, it is the date when the transfer of labor services and intangible assets is completed or the ownership of real estate is changed.

(2) If a taxpayer provides construction services or lease services in the form of advance payment, the time of tax payment obligation shall be the day when the advance payment is received.

(3) If the taxpayer is engaged in the transfer of financial commodities, it is the day when the ownership of financial commodities is transferred.

(4) Under the circumstances as stipulated in Article 14 of these Measures, the taxpayer's tax obligation occurs on the day when the transfer of labor services and intangible assets is completed or the ownership of real estate is changed.

(5) The time when the VAT withholding obligation occurs is the day when the taxpayer's VAT payment obligation occurs.

New Deal: The tax payment period of VAT is 1, 3, 5, 10, 15, 1 month or 1 quarter respectively. The specific tax payment period of taxpayers shall be determined by the competent tax authorities according to the tax payable of taxpayers. 1 quarter tax payment period is applicable to small-scale taxpayers, banks, finance companies, trust and investment companies, credit cooperatives, and other taxpayers stipulated by the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China. If the tax cannot be paid within a fixed time limit, the tax can be paid on time.

If the taxpayer takes 1 month or 1 quarter as 1 tax period, it shall declare and pay taxes within 15 days from the expiration date; 1 If the tax payment period is 1, 3, 5, 10 or 15, the tax shall be paid in advance within 5 days from the due date, and the tax shall be declared within 5 days from 1 the following month.

The tax payment period of withholding agents shall be implemented in accordance with the provisions of the preceding two paragraphs.

China Taxation: From the perspective of tax law, after the tax obligation occurs, the behavior of the operator will be brought into the line of sight of tax collection and management, which depends on the time limit and method of tax declaration. Therefore, for the four major industries, the time when the tax obligation occurs is very important. First, we must comply with the regulations, otherwise we will face the risk of late payment fees or even fines; Second, it is necessary to plan rationally, and delay the occurrence of tax obligations through contract terms, which will bring the time value of funds, especially for the financial and real estate industries, the amount of funds is often huge, and delaying the occurrence of tax obligations is tantamount to obtaining an interest-free loan. According to the New Deal, the tax payment period of banks, finance companies, trust and investment companies and credit cooperatives is 1 quarter.

Six, second-hand housing sales and personal rental property by the local tax bureau.

New Deal:

The change of business tax to value-added tax shall be collected by the State Administration of Taxation. The State Taxation Bureau temporarily entrusts the local taxation bureau to collect the real estate value-added tax sold by taxpayers and rented by other individuals.

China tax: VAT belongs to the collection and management scope of the national tax system. In order to ensure the efficiency and effectiveness of collection and management, the New Deal stipulates that the competent tax authorities of taxpayers' second-hand housing transactions will be temporarily represented by local tax bureaus.

Seven. Clearly divided the taxable scope such as finance.

New Deal:

Financial services.

Financial services refer to the business activities of financial insurance. Including loan services, direct charge financial services, insurance services and financial commodity transfer.

1. loan service.

Loan refers to the business activities of lending funds to others to obtain interest income.

All kinds of income from occupying and borrowing funds, including interest (including capital preservation income, remuneration, capital occupation fee, compensation, etc.). During the holding period of financial commodities, the interest income from credit card overdraft, interest income from buying and selling financial commodities back, interest income from margin financing and securities lending, interest and interest income from financing after-sale leaseback, bill discount, lending and other businesses shall be subject to VAT according to the loan business.

Financing sale and leaseback refers to the business activities that the lessee sells assets to enterprises engaged in financing sale and leaseback business for the purpose of financing, and the enterprises engaged in financing sale and leaseback business lease assets to the lessee.

Fixed profits or guaranteed profits collected from monetary fund investment shall be subject to value-added tax according to loan services.

2. Direct charging financial services.

Direct charge financial services refer to the business activities of providing related services and charging fees for financial services such as monetary financing. Including currency exchange, account management, electronic banking, credit card, letter of credit, financial guarantee, asset management, trust management, fund management, financial trading place (platform) management, fund settlement, capital settlement and financial payment.

3. Insurance services.

Insurance service refers to the commercial insurance behavior that the insured pays the insurance premium to the insurer according to the contract, and the insurer assumes the responsibility of paying the insurance premium for the property loss caused by the possible accident agreed in the contract, or when the insured dies, suffers from disability, illness or reaches the age and time limit agreed in the contract. Including life insurance services and property insurance services.

Personal insurance service refers to the insurance business activities with human life and body as the subject matter of insurance.

Property insurance service refers to insurance business activities with property and its related interests as the subject matter of insurance.

4. Transfer of financial commodities.

The transfer of financial commodities refers to the business activities of transferring the ownership of financial commodities such as foreign exchange, securities and non-commodity futures.

The transfer of other financial commodities includes the transfer of various asset management products such as funds, trusts and wealth management products and various financial derivatives.

New Deal: Selling Real Estate

The sale of real estate refers to the business activities of transferring the ownership of real estate. Real estate refers to property that cannot be moved or will change its nature and shape after moving, including buildings and structures.

Buildings, including residential buildings, commercial buildings, office buildings and other buildings that can be used for living, working or other activities.

Structures, including roads, bridges, tunnels, dams and other structures.

If the limited property right or permanent use right of a building is transferred, the ownership of a building or structure under construction is transferred, and the land use right occupied by the building or structure is transferred at the same time, the value-added tax shall be paid according to the sale of real estate.

China Tax: It is worth noting that the financial industry includes banks, securities, futures, insurance, trusts, etc., with various business formats, especially with the endless emergence of financial innovation tools, its business scope is difficult to list. The previous business tax notes divided the financial industry into six categories: loans, financial leasing, financial commodity transfer, financial brokerage, other financial businesses and insurance. While retaining loans, financial commodity transfer and insurance, the New Deal classified other businesses as "direct charge financial services".

Eight, deposit interest included in the "no value-added tax items".

New Deal:

No value-added tax items are levied.

1. The railway transport services and air transport services provided free of charge according to the national instructions belong to the public welfare services stipulated in Article 14 of the Pilot Implementation Measures.

2. Deposit interest.

3. The insurance money obtained by the insured.

4 real estate departments or their designated institutions, provident fund management centers, development enterprises and property management units to collect residential special maintenance funds.

5. In the process of asset reorganization, all or part of physical assets and their associated creditor's rights, liabilities and labor force are transferred to other units and individuals through merger, division, sale and replacement, which involves the transfer of real estate and land use rights.

China Tax: As for the deposit interest of individuals and enterprises, from the perspective of financial institutions, the important cost items during the period account for a large proportion. Incorporating "deposit interest" into "VAT-free items" means that financial institutions such as banks cannot obtain deductible VAT invoices, and at the same time, they have not seen the introduction of other taxation methods, which means that an important cost of the financial industry cannot be deducted.

Nine, may 1 day after the purchase of real estate, can be divided into two years to deduct the input tax.

New Deal: For the pilot taxpayers who apply the general taxation method, the real estate acquired after May 1, 2065438 and accounted as fixed assets in the accounting system, or the real estate projects under construction acquired after May 1, 20 16, the input tax will be deducted from the output tax in two years from the date of acquisition, with the deduction ratio of 60% in the first year.

Acquisition of real estate includes direct purchase, donation, investment, self-construction and debt repayment, excluding real estate projects developed by real estate development enterprises themselves.

The above two-year deduction does not apply to the input tax of real estate leased by finance and temporary buildings and structures built on the construction site.

China tax: As the input tax on the purchase of machinery and equipment can be deducted, the value-added tax has taken a step forward. The newly purchased real estate can be deducted from the input tax, which is conducive to reducing the tax burden of enterprises and promoting the development of the real estate market. It should be noted that enterprises must obtain special invoices for value-added tax according to law.

Ten, three cases of construction services, can be applied to simple collection of value-added tax.

New Deal:

1. General taxpayers can choose to apply the simple tax calculation method to the construction services provided by the contractor.

2. Ordinary taxpayers can choose to apply the simple tax calculation method to the construction services provided by Party A for this project.

3. Ordinary taxpayers can choose to apply the simple tax calculation method to the construction services provided by old construction projects.

China tax: After the full implementation of the camp reform, the tax burden of the construction industry will increase significantly, and many inputs cannot be deducted because they cannot obtain legal documents. If the general tax calculation method is applied, the output tax rate will be as high as 1 1%. In the test plan, three situations are given. Construction enterprises can choose the simple tax calculation method and still simply calculate the value-added tax according to the previous business tax rate, which is good news for the construction industry, and the tax burden will not increase significantly. For the construction enterprises in the transitional period, they can make tax planning, change their business methods and fully enjoy preferential policies.

Eleven, real estate enterprises to pay the land price can be deducted.

New Deal: General taxpayers in real estate development enterprises sell the real estate projects they develop (except the old real estate projects with simple tax calculation method), and the balance after deducting the land price paid to government departments during land transfer is sales.

China Tax: The biggest input cost of real estate enterprises is the cost of state-owned land, and whether it can be deducted is related to the tax rate of real estate enterprises. The "Trial Measures" creatively put forward a deduction scheme for deducting land price from real estate sales, regardless of whether to obtain legal documents. This is a major positive for real estate enterprises. Next, we need to pay attention to the specific measures of real estate pre-sale and land price deduction, which is related to whether the commercial operation level is legal and compliant.

Twelve. Overall translation of business tax preferential policies

New Deal: The following items are exempt from VAT

(fifteen) individual sales occupied housing.

(16) The public * * rental housing rented by the public rental housing management unit before 20 18 12 3 1.

(nineteen) the following interest income.

Before1.20161231,farmers in financial institutions made small loans.

2. National student loans.

3. National bonds and local government bonds.

4. Loans from the People's Bank of China to financial institutions.

5. The housing provident fund management center issues individual housing loans with housing provident fund at the designated entrusted bank.

6. Foreign exchange loans granted by financial institutions entrusted by foreign exchange management departments in the course of engaging in the operation of national foreign exchange reserves.

7. In the unified borrowing and unified repayment business, the interest charged by the enterprise group or the core enterprises within the enterprise group and the financial companies affiliated to the group to the subordinate units within the enterprise group is not higher than the loan interest rate paid to financial institutions or the coupon rate level of bonds paid.

(20) The cancelled financial institution pays off debts with goods, real estate, intangible assets, marketable securities, bills and other properties.

(twenty-one) the premium income obtained by an insurance company from operating life insurance products for more than one year.

(twenty-two) the following financial commodity transfer income.

(23) Interest income from financial interbank transactions.

(twenty-four) the income (excluding credit rating, consulting, training and other income) obtained by a guarantee institution that meets the following conditions from engaging in credit guarantee or re-guarantee business of small and medium-sized enterprises shall be exempted from value-added tax within 3 years:

(thirty-four) in order to cooperate with the reform of the national housing system, the income obtained by enterprises and institutions from selling houses at the cost price and standard price of housing reform.

(thirty-five) the transfer of land use rights for agricultural production to agricultural producers.

(thirty-seven) the land owner transfers the land use right, and the land user returns the land use right to the land owner.

(thirty-eight) the local people's governments at or above the county level or the administrative departments of natural resources transfer, transfer or recover the right to use natural resources (excluding land use rights).

VAT will be refunded at the time of collection.

(2) Ordinary taxpayers who are engaged in financial leasing business approved by the People's Bank of China, the China Banking Regulatory Commission or the Ministry of Commerce provide tangible movable property financial leasing services and tangible movable property financial after-sale leaseback services, and the actual tax burden of value-added tax exceeds 3%, and the policy of immediate collection and immediate refund of value-added tax is implemented. General taxpayers among the pilot taxpayers engaged in financial leasing business and financing after-sale leaseback business authorized by the Ministry of Commerce and approved by the State Economic and Technological Development Zone, whose paid-in capital reaches 1 yuan after May of 20 16, shall be implemented in accordance with the above provisions from the month of reaching the standard; If the paid-in capital does not reach 654.38+700 million yuan after May of 20 16, but the registered capital reaches1700 million yuan, it can still be implemented in accordance with the above provisions before July of 3 16 and after August of 16.

China Taxation: The New Deal has shifted the preferential policies of tax exemption and other items under the previous business tax system as a whole. According to the New Deal, the implementation of the policy of VAT exemption, tax deduction and immediate refund for related projects is undoubtedly a great benefit for taxpayers, but for downstream businesses, it is also impossible to obtain deduction vouchers, which will inevitably affect their operation and development.

Thirteen. Partial cross-border financial tax exemption

New Deal: The following services and intangible assets sold by domestic units and individuals are exempt from VAT, except that the VAT rate stipulated by the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China is zero:

(5) Direct fee-based financial services provided for monetary financing and other financial services between overseas units, which have nothing to do with domestic goods, intangible assets and real estate.

China Tax: At present, financial institutions in China, represented by AIIB, actively participate in globalization and expand overseas business. For cross-border financial services, the New Deal stipulates that only "directly charged financial services and other financial services provided for monetary financing between overseas units, and this service has nothing to do with domestic goods, intangible assets and real estate" are exempt from value-added tax, and other financial services are not given zero tax rate or tax exemption policy.

Tangible movable property financing lease

The finance lease policy of tangible movable property does not include finance sale and leaseback of tangible movable property, and other terms are basically translated into document 106.

Real estate financing lease service

Measures for the implementation of the pilot reform of business tax to value-added tax Article 15 (2) provides real estate leasing services, sells real estate and transfers land use rights, and the tax rate is 1 1%.

Sales Services, Intangible Assets and Real Estate Notes Paragraph 1 Sales Services Item 6 Modern Service Points 5 Leasing Services (1) Financial Leasing Services According to different subject matter, financial leasing services can be divided into tangible movable property financial leasing services and real estate financial leasing services.

The fifth point of item (3) of Annex 2 "Provisions on Relevant Matters Concerning the Pilot Reform of Business Tax to VAT" stipulates that "the balance after deducting the paid loan interest (including foreign exchange loan interest and RMB loan interest), bond issuance interest and vehicle purchase tax is sales."

Export leasing is tax-free and tax-refundable.

Annex 4 Provisions on the Application of Zero VAT Rate and Tax Exemption Policy to Cross-border Taxable Acts Article 2 (1) Point 6 The following services and intangible assets sold by domestic units and individuals are exempt from VAT ... tangible movable property leasing services whose subject matter is used overseas.

Article 4 The labor services or intangible assets provided by domestic units and individuals shall be subject to zero VAT rate ... If the general VAT taxation method is applicable, the production enterprises shall adopt the method of tax exemption and tax refund, and foreign trade enterprises shall adopt the method of outsourcing services or tax exemption and tax refund for intangible assets. The direct export of self-developed labor services or intangible assets by foreign trade enterprises shall be regarded as a unified tax exemption and refund method for production enterprises and their export goods. The tax refund rate for services and intangible assets is the applicable VAT rate stipulated in Items (1) to (3) of Article 15 of the Pilot Implementation Measures.

Fix the previous policy

Immediate withdrawal policy

Item (2) of Paragraph 2 of Annex 3 "Provisions on the Transition Policy of Changing Business Tax to VAT" "Ordinary taxpayers among the pilot taxpayers engaged in financial leasing business approved by the People's Bank of China, the China Banking Regulatory Commission or the Ministry of Commerce provide tangible movable property financial leasing service and tangible movable property financial after-sale leaseback service, and the part where the actual tax burden of VAT exceeds 3% shall be subject to the policy of immediate collection and immediate refund of VAT."

Item (3) "The actual tax burden refers to the proportion of the value-added tax actually paid by the taxpayer in providing taxable services in the current period to the total amount of extra-price expenses obtained by the taxpayer in providing taxable services in the current period."

Financial problems of financial leasing enterprises

Annex 2 "Provisions on Matters Related to the Pilot Project of Changing Business Tax to Value-added Tax" Paragraph 1, Item 3, Item 5 (4) If the paid-in capital of the pilot taxpayer engaged in financial leasing business is 65.438+07 billion yuan after May 2065+06, the paid-in capital has not been paid after May 20 16 according to the above item (654.38) since the month when the standard is met.