Zhongda Consulting through the knowledge of the construction knowledge column of this website, the basic overview of the latest news of the camp change is as follows:
March 5, 2016, in the twelfth National People's Congress at the opening ceremony of the fourth meeting of the State Council, Premier Li Keqiang, made a report on the work of the government, announced that this year's full implementation of the camp change, from May 1, the real estate and construction, financial services and insurance and living services (including medical care, hospitality, catering and entertainment, etc.) important industries at the same time into the scope of the camp to increase the pilot.
Latest Policy on Camp Reform - Tax Rate
Article 15: Value-added Tax Rate:
(1) When a taxpayer engages in a taxable act, the tax rate shall be 6%, except as provided for in items (2), (3) and (4) of this article.
(ii) The tax rate shall be 11% for the provision of transportation, postal, basic telecommunication, construction and real estate leasing services, the sale of real estate, and the transfer of land use rights.
(iii) Provision of tangible movable property leasing services at a tax rate of 17%.
(iv) The tax rate for cross-border taxable acts incurred by domestic units and individuals is zero. The specific scope is separately stipulated by the Ministry of Finance and the State Administration of Taxation.
Latest Policy on Camp Reform - Offsetting
Items that can be offset:
Article 25: The following input taxes are allowed to be offset from output taxes:
(1) VAT special invoices (including tax-controlled motor vehicle sales uniform invoices, the same hereinafter) obtained from the seller state the (a) The amount of VAT stated on the VAT special invoice (including tax-controlled motor vehicle sales uniform invoice, the same below) obtained from the seller.
(ii) The amount of VAT stated on the special payment certificate for VAT on customs imports obtained from the customs.
(iii) The input tax amount calculated on the basis of the purchase price of the agricultural products stated on the purchase invoice or sales invoice of the agricultural products and the deduction rate of 13%, in addition to the special VAT invoice or the special payment letter for customs import VAT obtained for the purchase of the agricultural products. Calculation formula: input tax = purchase price × deduction rate. The purchase price refers to the price stated on the purchase invoice or sales invoice of the agricultural products purchased by the taxpayer and the tobacco tax paid in accordance with the regulations. Purchase of agricultural products, except for offsetting input tax in accordance with the "Pilot Implementation Measures for Approved Deduction of VAT Input Tax on Agricultural Products".
(4) The amount of VAT stated on the tax-paid vouchers obtained from the tax authorities or withholding agents for the discharge of tax on the purchase of services, intangible assets or real estate from overseas units or individuals.
Non-deductible Items:
Article 27: The input tax of the following items shall not be deducted from the output tax
(1) Purchased goods, processing, repairing and fitting services, services, intangible assets and real estate used for simplified method of taxation, VAT-exempted items, collective welfare or personal consumption. The fixed assets, intangible assets and immovable properties involved only refer to the fixed assets, intangible assets (excluding other equity intangible assets) and immovable properties used exclusively for the above items. The taxpayer's consumption for socializing and entertainment is personal consumption.
(ii) Unusual loss of purchased goods, as well as related processing, repair and fitting services and transportation services.
(c) Purchased goods (excluding fixed assets), processing, repair and fabrication services and transportation services consumed in products in process and finished goods that are not normal losses.
(iv) Unusual loss of real estate, as well as purchased goods, design services and construction services consumed by the real estate.
(v) Purchased goods, design services and construction services consumed in the construction in progress of the immovable property which is not a normal loss. New construction, remodeling, expansion, repair and decoration of real estate by taxpayers are all real estate construction in progress.
(vi) Purchased passenger transportation services, lending services, catering services, residents' daily services and entertainment services.
(vii) Other cases stipulated by the Ministry of Finance and the State Administration of Taxation. The goods referred to in items (4) and (5) of this Article refer to the materials and equipment constituting the real property entity, including construction and decoration materials and water supply and drainage, heating, sanitation, ventilation, lighting, communications, gas, fire protection, central air-conditioning, elevators, electrical, intelligent building equipment and ancillary facilities.
The latest policy of the camp change - the determination of sales
Article 39: Taxpayers who are also engaged in the sale of goods, services, services, intangibles or immovable property, and who are subject to different tax rates or levy rates, shall separately account for the sales of the applicable different tax rates or levy rates; and those who are not separately accounted for, shall start from the higher of the applicable tax rates. Apply the tax rate.
Article 40: If a sales behavior involves both services and goods, it is a mixed sale. The mixed sales of units and individual industrial and commercial households engaged in the production, wholesale or retail of goods shall be subject to value-added tax in accordance with the sale of goods; the mixed sales of other units and individual industrial and commercial households shall be subject to value-added tax in accordance with the sale of services.
The units and individual industrial and commercial households engaged in the production, wholesale or retail of goods referred to in this Article include those units and individual industrial and commercial households mainly engaged in the production, wholesale or retail of goods and also engaged in the sale of services.
Article 41: Where a taxpayer is also engaged in tax-exempted or tax-reduced items, the taxpayer shall account for the sales of the tax-exempted or tax-reduced items separately; where the taxpayer fails to do so, he shall not be exempted from or reduced in tax.
Latest Policies on Camp Reform - Tax Period
Article 47: The tax period for value-added tax (VAT) shall be one day, three days, five days, ten days, fifteen days, one month, or one quarter, respectively. The specific tax period of a taxpayer shall be approved by the competent tax authorities according to the size of the tax payable by the taxpayer respectively. The requirement of a quarterly tax payment period applies to small-scale taxpayers, banks, finance companies, trust and investment companies, credit unions, and other taxpayers as stipulated by the Ministry of Finance and the State Administration of Taxation. Those who cannot pay tax according to a fixed period can pay tax on a per-quarter basis.
Taxpayers who pay tax for one month or one quarter as one tax period shall declare tax within 15 days from the date of expiration of the period; and those who pay tax for one day, three days, five days, ten days or fifteen days as one tax period shall pay tax in advance within five days from the date of expiration of the period, and then declare tax and settle the tax payable for the previous month within 15 days from the first day of the following month. The period of time for the withholding agent to release the tax shall be implemented in accordance with the provisions of the preceding two paragraphs.
Latest Policy on Camp Reform and Reinforcement - Starting Point
Article 50 The range of the starting point of value-added tax is as follows:
(1) For those who pay tax on a periodical basis, it shall be 5,000-20,000 yuan of sales per month (including this number).
(ii) For those who pay tax on a per-period basis, it is 300-500 yuan (including this amount) for each time (day).
The adjustment of the starting point is regulated by the Ministry of Finance and the State Administration of Taxation. Provinces, autonomous regions and municipalities directly under the Central Finance Department (Bureau) and the State Administration of Taxation shall, within the prescribed range and in accordance with the actual situation, determine the applicable starting point in the region and report to the Ministry of Finance and the State Administration of Taxation for the record.
Enterprises or non-enterprise units with monthly sales of less than 20,000 yuan are exempted from value-added tax among small-scale taxpayers of value-added tax.
Before December 31, 2017, small-scale taxpayers of value-added tax with monthly sales of 20,000 yuan (inclusive) to 30,000 yuan will be exempted from value-added tax.
Latest Policies on Camp Reform - Collection Management
Article 51 The value-added tax (VAT) on business tax reform shall be collected by the State Administration of Taxation (SAT). The State Tax Bureau shall temporarily entrust the local tax bureaus to collect VAT on behalf of taxpayers on the sale of acquired real estate and other individuals renting out real estate.
Article 52 Taxpayers shall declare to the competent tax authorities for tax refund (exemption) on a regular basis when they engage in taxable acts to which zero tax rate is applicable, and the specific measures shall be formulated by the Ministry of Finance and the State Administration of Taxation.
Article 53 A taxpayer who engages in a taxable act shall issue a special value-added tax invoice to the purchaser who asks for the special value-added tax invoice, and shall state the sales amount and the output tax amount on the special value-added tax invoice respectively. No special VAT invoice shall be issued under any of the following circumstances:
(1) Sales of services, intangible assets or real estate to individual consumers.
(ii) Taxable acts to which the provisions on exemption from VAT apply.
Article 54 If a small-scale taxpayer engages in a taxable act and the purchaser asks for a special VAT invoice, it may apply to the competent tax authorities for a special VAT invoice to be issued on behalf of the purchaser.
Article 55 The collection and management of value-added tax by taxpayers shall be carried out in accordance with these Measures and the Law of the People's Republic of China on Administration of Taxation Collection and the current provisions relating to the collection and management of value-added tax.
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