Does the social security deduction for individual tax only deduct the personal part?

Social security paid by individuals is not tax deductible. If the company pays social security, the amount of social security should be deducted before tax. From the perspective of social security, as long as the employment relationship is established with the workers, the employer has the legal obligation to pay the statutory basic social insurance premiums to the workers. If the employer fails to pay social security fees for employees, there is no pre-tax deduction of wage income tax based on employment relationship. Personal income tax is tax-free for social security fees paid by employers. Similarly, if the laborer fails to pay five insurances and one gold, the social security fees paid by the enterprise should also be included in his monthly salary income, and personal income tax should be levied together.

Standards and methods of social security deduction

1. Withholding and remitting by the company: when paying the fee, both the individual payment part and the company payment part shall be paid according to the regulations, and only one of them shall not be paid.

Endowment insurance, units and individuals pay 22% and 8% respectively.

Medical insurance, units and individuals pay 12% and 2% respectively.

Unemployment insurance, units and individuals pay 2% and 1% respectively.

Maternity insurance units pay 0.50%, and individuals do not pay.

Work-related injury insurance units pay 0.50%, and individuals do not pay. The social security agency will transfer it together with the transfer next month. If the transfer fails for three consecutive months, the social insurance payment business of the payer will be stopped. If you want to settle the social security fee you owe, you should apply for deduction again at the personal payment window of the social security management station in your street.

2. Personal payment is withheld by the bank: you need to go to the local social security bureau to handle the bank withholding business, deposit money into the bank card every month, and the bank directly deducts money. Personal income tax is collected by withholding at source and self-declaration, and the unit or individual who pays the income is the withholding agent of personal income tax; Wage and salary income is obtained from two or more places, and there is no withholding agent, and there is a withholding agent, but if the withholding agent fails to withhold and pay taxes in accordance with the provisions of the tax law, the taxpayer shall declare and pay taxes on his own.

legal ground

People's Republic of China (PRC) tax collection management law

Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.

Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.

Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.

No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.

Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers.

Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.

State Taxation Administration of The People's Republic of China, Ministry of Finance, Notice on Individual Income Tax Policies for Basic Endowment Insurance, Basic Medical Insurance, Unemployment Insurance and Housing Provident Fund.

Article 1 The basic old-age insurance premium, basic medical insurance premium and unemployment insurance premium actually paid by enterprises and institutions according to the payment ratio or method stipulated by the state or provincial people's government shall be exempted from personal income tax;

The basic old-age insurance premium, basic medical insurance premium and unemployment insurance premium actually paid by individuals according to the payment ratio or method stipulated by the state or provincial people's government are allowed to be deducted from the taxable income of individuals. Social insurance premiums paid by individuals in social security centers can be deducted before tax.