The leasing industry refers to the business of transferring venues, buildings, items, equipment or facilities to others for use within an agreed period of time. So what exactly does the equipment rental business require? Next, I will explain the taxes paid by the equipment leasing business for everyone. I hope it can help you.
Taxes paid by equipment leasing business
According to Article 1 of the "Provisional Regulations of the People's Republic of China on Business Tax", the taxes stipulated in these regulations are provided within the territory of the People's Republic of China. Units and individuals that provide services, transfer intangible assets or sell real estate are business tax payers and shall pay business tax in accordance with the provisions of these Regulations. Lessors shall be business tax payers and shall pay business tax. Personal rental of equipment falls within the scope of business tax, service industry leasing industry, and must pay business tax at a tax rate of 5%. According to Article 8 of the "Interim Regulations of the People's Republic of China on Business Tax", taxpayers (individuals) whose turnover does not reach If the tax threshold is reached, business tax is exempted. Dadishuihan [2005] No. 109 stipulates that starting from January 1, 2006, the threshold for regular business tax payment will be adjusted from 2,000 yuan per month to 3,000 yuan per month. If the monthly rent charged by an individual car owner is less than 3,000 yuan, Business tax exemption is available.
Property and behavior tax: According to the relevant provisions of the "Interim Regulations of the People's Republic of China on Stamp Duty" and its implementation rules, both parties who sign an equipment leasing contract or agreement shall pay one thousandth of the lease amount. Calculate the stamp duty and pay it. If the tax amount is less than one yuan, the decal will be calculated as one yuan.
Individuals should calculate and pay urban construction tax based on the actual business tax paid multiplied by the prescribed tax (fee) rate. (The tax rate for taxpayers whose location is in urban areas is 7%; for taxpayers whose location is in counties or towns, the tax rate is 5%; for taxpayers whose location is not in urban areas, counties, or towns, the tax rate is 1%). The surcharge tax rate for education fees is 3 %, and the local education fee surcharge rate is 1%.
Personal income tax: Individuals renting equipment and receiving rental income are required to pay personal income tax on property leasing income. When calculating personal income tax, the rent is used to deduct other taxes that should be paid and the balance of other expenses that are allowed to be deducted. If it exceeds 4,000 yuan, after deducting 20% ??of the expenses, the personal income tax is calculated at a tax rate of 20%; if it does not exceed 4,000 yuan, after deducting 800 yuan, the personal income tax is calculated at a 20% tax rate.
Invoice issuance on behalf of individuals: If an individual rents equipment for use by an organization, he or she needs to go to the competent tax authority to issue an invoice on behalf of the company. The following information must be provided when issuing an invoice: 1. Original and copy of the lessor’s personal ID card; 2. Equipment The original and copy of the lease contract; 3. Fill in the "Approval Form for Invoice Issuance" in duplicate; 4. Other information required by the competent tax authorities. (The above information is required to be in duplicate)
The tax authority will print a tax payment statement for the taxpayer based on the relevant information provided. After the taxpayer pays the tax, the tax authority will issue an invoice on his behalf.
Lease contract for equipment leasing
Lessor (Party A): (address, zip code, phone number, legal representative, etc.)
Lessee (Party B) ): (Address, zip code, phone number, legal representative, etc.)
Party A and Party B signed an equipment rental contract in accordance with the provisions of the "Contract Law of the People's Republic of China" and agreed on the following terms , *** agree to abide by and implement.
Article 1 Party A purchases the following equipment from ____ and leases it to Party B for use based on Party B’s project and the equipment and technical quality standards selected by Party B. (Details of the equipment, etc.)
Article 2 According to the equipment order contract signed with the manufacturer (vendor), Party A shall deliver the goods in the ____ quarter of ____, and the supplier shall ship directly to Party B. Party B will go directly to the supplier to pick up and transport the goods. Party B shall immediately issue an equipment receipt to Party A after receiving the goods.
Article 3 Party B is responsible for the acceptance, installation, debugging, use, maintenance, repair management, etc. of the equipment. The manufacturer is responsible for quality issues of the equipment and shall specify them in the order contract.
Article 4 The ownership of the equipment during the lease period belongs to Party A. After receiving the goods, Party B shall apply for comprehensive insurance from the local insurance company in the name of Party A, and Party B shall be responsible for the insurance premium. Party B shall submit the insurance contract to Party A as an attachment to this contract.
Article 5 During the lease period, Party B has the right to use the equipment, but it may not be transferred or used as property mortgage. It is also not allowed to add or remove any parts to the equipment or move the installation location without the consent of Party A. Party A has the right to inspect the use and intactness of the equipment, and Party B shall provide all conveniences.
Article 6 The equipment lease period is ____ years. The lease period is calculated from the time when the supplier factory collects the payment from Party A. The total rental amount is RMB ____ yuan (including handling fee ____ %). It will be delivered in ____ installments, and the rental fee for each installment is ____ yuan, which shall be collected by Party A from Party B on schedule at the end of each installment. If Party B cannot pay the rent on time, Party A will impose a fine of three ten thousandths per day based on the total overdue rent.
Article 7 Once signed, this contract cannot be revoked. If Party B pays the rent in advance and ends the contract, Party A will give a discount of refunding part of the interest.
Article 9 Party B’s superior unit ____ agrees to serve as Party B’s financial guarantor and be responsible for Party B’s effective performance of the provisions of this contract. If Party B is unable to assume the economic responsibilities stipulated in the contract during the contract period, the guarantee will be The person shall pay Party A the remaining rent and other losses of Party B for each period.
Article 10 Any dispute arising out of this contract shall be settled according to item ();
1. Apply to the ____ Arbitration Commission for arbitration; 2. File a lawsuit with the ____ People's Court.
Article 11 This contract will come into effect after being stamped by both parties and Party B’s guarantor. There are two original copies of this contract, with Party A and Party B each holding one copy.
Party A: (signature and seal)
____month________year
Party B: (signature and seal)
____year____month____day
Guarantee unit (signature and seal)
____year____month____day
Lease contract management
Establish a construction machinery leasing information service platform with the professional committee network as the core to provide information services. The main contents are as follows:
(1) Confirmation results of the construction machinery leasing industry;
(2) The handling of violations by leasing companies and the withdrawal of confirmation letters;
(3) Provide construction machinery rental supply and demand information and rental price trends;
(4) Provide legal advice;
(5) Promote new machinery, new products, and new technologies.
Supplementary Provisions
(1) The professional committee shall organize the formulation of management measures for the construction machinery leasing industry and submit them to the Construction Industry Association for approval before implementation.
(2) The implementation details of these measures shall be interpreted by the Construction Machinery Leasing Industry Management Professional Committee of the Construction Industry Association
The definition of equipment leasing
Equipment leasing is equipment A form of exchange in which the user leases the equipment from the owner of the equipment (such as a leasing company) and pays a certain rent, and enjoys the right to use it during the lease period without changing the ownership of the equipment.
There are two main ways of leasing equipment: operating lease and finance lease.
Operating lease
Operating lease is also called operating lease, which means that in addition to providing leased items to the lessee, the lessor also assumes the maintenance, repair, depreciation and non-renewal of the equipment. risk, either party can cancel or terminate the lease at any time and in a certain manner within the specified time after notifying the other party; this type of lease has the characteristics of negotiability, short-term nature, high rent, etc., and is suitable for rapid technological progress, wide range of uses, and Seasonal equipment; the rental fees for operating leased equipment are included in corporate costs, which can reduce corporate income tax. But once this is not investigated and punished, otherwise you will be severely punished by the law!
Financial lease
Financial lease means that both parties specify the lease term and payment obligations, and the lessor shall follow It is required to provide the specified equipment, and then recover all the funds for the equipment in the form of rent. The lessor is not responsible for the overall performance, maintenance, aging risks, etc. of the equipment; this type of leasing is based on financing and long-term use of the equipment. The lease period is equal to or exceeds the life of the equipment. It is irrevocable and has a long lease period. It is suitable for valuable equipment such as large machine tools and heavy construction. The equipment of the financial lessor is a fixed asset of the lessee and can be accrued. Depreciation is included in the cost of the enterprise, while leasing fees are generally not directly included in the cost of the enterprise and are paid by the enterprise after tax.
However, the interest and handling fees in the rental fee can be included in the company's costs when paid, and can be deducted from the taxable income.
Can input tax be deducted for leasing equipment?
Your company can confirm whether the business content and the invoices issued are in compliance, and implement it according to the document regulations.
The following input tax amounts are allowed to be deducted from the output tax amount:
(1) The value-added tax amount stated on the special value-added tax invoice obtained from the seller.
(2) The value-added tax amount indicated on the special customs import VAT payment note obtained from the customs.
Article 9 If a taxpayer purchases goods or taxable services and the value-added tax deduction certificate obtained does not comply with laws, administrative regulations or the relevant provisions of the taxation department of the State Council, the input tax shall not be deducted from the output tax. Medium deduction.
Article 10 The input tax on the following items shall not be deducted from the output tax:
(1) For non-VAT taxable items, VAT-exempt items, collective Purchased goods or taxable services for welfare or personal consumption;
(2) Purchased goods and related taxable services for abnormal losses;
(3) Abnormal losses Purchased goods or taxable services used for products in progress and finished products;
(4) Consumer goods for taxpayers’ own use as prescribed by the finance and taxation authorities of the State Council;
(5) ) The transportation costs of goods specified in items (1) to (4) of this article and the transportation costs of sales of tax-free goods.
Whether the income from leasing equipment is subject to value-added tax
If the company does not transfer the ownership of the leased goods to the lessee, it will levy business tax in accordance with relevant regulations, and no value-added tax will be levied.
Regarding the issue of transfer of input tax, according to Article 10 of the "Interim Regulations on Value-Added Tax", purchased goods used for non-VAT taxable items, VAT-exempt items, collective welfare or personal consumption Or the input tax on taxable services shall not be deducted from the output tax.
According to the "Notice of the Ministry of Finance and the State Administration of Taxation on Several Issues Concerning the National Implementation of Value-Added Tax Transformation Reform" (Finance and Taxation [2008] No. 170), the Tenth Regulation on the Incurrence of Fixed Assets for which Taxpayers Have Deducted Input Tax In the circumstances listed in items 1 to 3 of this article, the amount of input tax that cannot be deducted should be calculated in the current month according to the following formula: Amount of input tax that cannot be deducted = net value of fixed assets? Applicable tax rate.
Can intermediary fees be deducted from input tax?
Intermediary services are economic agency services among the modern services in the notes on the tax-to-VAT reform. If a general taxpayer purchases intermediary services and obtains a VAT deduction certificate that complies with laws, administrative regulations or relevant provisions of the State Administration of Taxation, the input tax can be deducted from the output tax, but the service is used for fiscal and taxation purposes. 36, 2018 Except for the items specified in Article 27 of the document.