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What is the pre-tax deduction standard for personal income tax and housing provident fund?
1. Paragraph 1 of Article 35 of the Regulations for the Implementation of the Enterprise Income Tax Law stipulates that the basic social insurance premiums and housing accumulation funds paid by enterprises for employees in accordance with the scope and standards stipulated by the State Council or the relevant provincial authorities are allowed to be deducted.
2. Item (2) of Article 16 of the Regulations on the Management of Housing Provident Fund (Order No.350th of the State Council) stipulates that the monthly deposit amount of housing provident fund paid by the unit for employees is the average monthly salary of the employees in the previous year multiplied by the deposit ratio of the unit housing provident fund.
3. According to the above regulations, the monthly salary base of housing provident fund paid by enterprises for employees is the employee's own salary, and the scope and standards formulated on this basis should also be aimed at individual depositors. Therefore, whether it exceeds the standard can not be calculated by adding up all the staff of the enterprise, but should be judged by the individual payment standard.
Two, the upper limit of the enterprise to pay the housing provident fund base is three times the average monthly salary of employees in the city where the employees are located, and the proportion is not more than 12% for the units and individuals respectively.
Three, enterprises in accordance with the scope and standards stipulated by the relevant competent departments at the provincial level in the State Council, the basic old-age insurance, basic medical insurance, unemployment insurance, work-related injury insurance, maternity insurance and other basic social insurance premiums and housing provident fund, are allowed to be deducted.
Extended data:
Chapter I, General Provisions
Rule number one. In order to strengthen the management of housing provident fund, safeguard the legitimate rights and interests of housing provident fund owners, promote urban housing construction and improve the living standards of urban residents, these regulations are formulated.
Article 2. These Regulations shall apply to the deposit, withdrawal, use, management and supervision of housing provident fund in People's Republic of China (PRC).
The term "housing accumulation fund" as mentioned in these Regulations refers to the long-term housing savings paid by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and institutions (hereinafter referred to as units) and their employees.
Article 3. The housing accumulation fund paid by individual employees and the housing accumulation fund paid by the unit for employees belong to individual employees.
Fourth, the housing provident fund management follows the principles of decision-making by the Housing Committee, operation of the housing provident fund management center, special account storage and financial supervision.
Article 5. The housing accumulation fund shall be used for the purchase, construction, renovation and overhaul of owner-occupied housing by employees, and no unit or individual may use it for other purposes.
Sixth, the deposit and loan interest rate of housing provident fund was proposed by the People's Bank of China. After consulting the construction administrative department of the State Council, it was reported to the State Council for approval.
Seventh the State Council municipal construction administrative departments in conjunction with the the State Council municipal finance department, the People's Bank of China to develop housing provident fund policy, and supervise the implementation.
The construction administrative departments of the people's governments of provinces and autonomous regions shall be responsible for guiding the management of housing provident fund within their respective administrative areas.
Chapter II Institutions and Their Duties
Article 8. Cities where the people's governments of municipalities directly under the central government, provinces and autonomous regions are located and other cities divided into districts shall set up housing committees composed of the heads of people's governments, the heads of relevant departments such as finance and construction, and trade union representatives and experts as decision-making bodies for the management of housing provident funds.
Ninth, the Housing Authority shall perform the following duties in the management of housing provident fund:
(a) according to the relevant laws, regulations and policies, formulate and adjust the specific management measures of housing provident fund, and supervise the implementation;
(two) according to the provisions of article eighteenth of this Ordinance, formulate the specific deposit ratio of housing provident fund;
(three) to determine the maximum loan amount of housing provident fund;
(four) approval of housing provident fund collection and use plan;
(five) to review and approve the report on the implementation of the plan for the collection and use of housing provident fund.
Article 10 The cities where the people's governments of municipalities directly under the central government, provinces and autonomous regions are located and other cities divided into districts shall set up housing provident fund management centers in accordance with the principle of simplification and efficiency, and be responsible for the management and operation of housing provident fund. County (city) does not set up housing provident fund management center in principle; If it is really necessary to be established, it shall be reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval. The housing provident fund management center is an independent institution that is not for profit.
Eleventh, the housing provident fund management center shall perform the following duties:
(a) the preparation and implementation of housing provident fund collection and use plan;
(two) responsible for recording the deposit, withdrawal and use of employee housing provident fund;
(three) responsible for the accounting of housing provident fund;
(four) to approve the extraction and use of housing provident fund;
(five) responsible for the preservation and return of housing provident fund;
(six) the preparation of housing provident fund collection and use plan implementation report;
(seven) to undertake other matters decided by the Housing Authority.
Article 12 The housing provident fund management center shall, in accordance with the relevant provisions of the People's Bank of China, entrust a bank designated by the Housing Commission (hereinafter referred to as the entrusted bank) to handle financial services such as housing provident fund loans and settlement, as well as the establishment, deposit and return of housing provident fund accounts.
References:
China net-housing provident fund management regulations
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