Individual income tax is a kind of tax levied on all kinds of taxable income obtained by individuals. Although an industrial enterprise is not a taxpayer of personal income tax, it is a withholding agent of personal income tax.
I. Taxpayers of Individual Income Tax
According to the regulations, the individual income tax is based on the income of the taxpayers, which refers to the individuals who have a residence in our country, or who do not have a residence but have lived in our country for one year, as well as those who do not have a residence and do not reside or do not have a residence and have lived in our country for less than one year, but have taxable income derived from the territory of China, including Chinese citizens, individual businessmen, compatriots in Hong Kong, Macao and Taiwan, and foreign individuals.
According to the regulations, the individual income tax implements a collection and management system that combines individual tax declaration and withholding, and any unit or individual that pays the taxable income is a withholding agent for the individual income tax.
While an industrial enterprise is not a taxpayer of personal income tax, it is a withholding agent of personal income tax, and must fulfill the obligation of withholding personal income tax in accordance with the provisions of the tax law.
II. Individual income tax taxable object and taxable items
In accordance with the provisions of the individual income tax is the taxable object of personal income, its specific taxable items a *** with 11, namely, wages, salaries, the production and management income of individual industrial and commercial households, the contracting of enterprises, institutions, rental business income, remuneration for services, remuneration, royalties, interest, dividend income, property leasing income, interest, dividend income, income, dividend income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, income, Dividend income, property leasing income, property transfer income, incidental income, and other income taxed by the financial department of the State Council. Income from wages and salaries, remuneration for labor, royalties, interest, dividends, bonuses, property leases, property transfers, and incidental income are usually referred to as income from wages and salaries, remuneration for labor, royalties, interest, dividends, bonuses, property leases, property transfers, and other income determined to be taxable by the financial department of the State Council.
(A) wages and salaries
Wages and salaries refers to the wages, salaries, bonuses, year-end raises, labor bonuses, allowances, subsidies and other income related to employment or employment in enterprises or other units. In accordance with the provisions of Document No. 089 of the State Administration of Taxation [1994], the following subsidies and allowances not belonging to the nature of wages and salaries, or income not belonging to the taxpayer's own wages and salaries, are not subject to tax:
1. Allowances for one child;
2. Subsidies not included in the total amount of basic wages in the implementation of civil service payroll system, the difference in allowances and the subsistence allowances for members of the family;
3. childcare allowance;
4. travel allowance, missed meal allowance (meaning that, according to the regulations of the financial department, if an individual is working in the urban or suburban areas for work, and cannot eat at the workplace or return to the workplace, and really needs to eat out, he/she shall be paid the missed meal allowance based on the number of the actual meals missed, according to the prescribed standard, but excluding the subsidies and allowances granted to the employee by the unit in the name of the missed meal allowance).
For the wages and salary income obtained by the employees from the enterprises, the enterprises shall withhold and pay the personal income tax on behalf of the employees according to the regulations.
(2) Income from Remuneration for Labor Services
Income from remuneration for labor services refers to the remuneration obtained by individuals for designing, decorating, installing, drafting, assaying, testing, medical, legal, accounting, consulting, lecturing, journalism, broadcasting, reviewing, painting and calligraphy, sculpting, film and television, sound recording, performing, acting, advertisement, technical services, introduction services, brokerage services, agency services, and other services for enterprises. Remuneration. The director's fee income earned by an individual as a director of an enterprise also belongs to the nature of remuneration for services, and is subject to individual income tax according to the item of income from remuneration for services.
The basic criterion for distinguishing income from wages and salaries is the existence of an employer-employee relationship. Income from remuneration for labor is the remuneration obtained by an individual who independently engages in some kind of skill and independently provides some kind of labor service, and there is no employment and employment relationship between him and the unit that pays the remuneration; whereas income from wages and salaries is the remuneration that an individual receives from the unit where he works independently, and there is an employment and employment relationship between him and the unit that pays the remuneration.
For the income from labor remuneration obtained by an individual from an enterprise, the enterprise should withhold and pay the individual income tax according to the regulations.
(C) Royalty Income
Royalty income refers to the income derived from the provision of patents, trademarks, copyrights, non-patented technologies and other franchises.
For the royalty income obtained by an individual from an enterprise, the enterprise shall withhold and pay the individual income tax on behalf of the individual in accordance with the regulations.
(4) Income from Interest, Dividends, and Bonuses
Income from interest, dividends, and bonuses refers to the interest, dividends, and bonuses obtained by an individual who owns debentures or equity. Interest refers to the interest obtained from the purchase or holding of various bonds. Dividends and bonuses refer to the dividends obtained from the ownership of equity by individuals. In this regard, the amount of money paid out per share at a certain rate is called dividend, and the portion of profit that exceeds the dividend according to what should be distributed is called bonus.
For the interest, dividend and bonus income obtained by an individual from an enterprise, personal income tax shall be withheld and paid on behalf of the individual by the enterprise in accordance with the regulations.
(E) Income from Property Leasing
Income from property leasing refers to the income derived from the leasing of buildings, land use rights, machinery and equipment, vehicles and vessels, and other property.
Income from property leasing obtained by an individual from an enterprise shall be withheld and paid by the enterprise in accordance with the provisions of the Individual Income Tax.
(F) Income from Transfer of Property
Income from transfer of property refers to the income derived from the transfer of securities, equity, buildings, land use rights, machinery and equipment, vehicles and vessels, and other property.
Income from the transfer of property obtained by individuals from enterprises, except for income from the transfer of stocks, should be withheld and paid by the enterprises in accordance with the provisions of the individual income tax.
(VII) Occasional Income
Occasional income refers to the income from winning prizes, jackpots, lotteries and other occasional incomes, including prizes obtained from participating in activities such as prize sales organized by enterprises.
For the incidental income obtained by an individual from an enterprise, the enterprise shall withhold and pay the individual income tax on behalf of the individual in accordance with the regulations.
(H) Income from Contracting and Leasing to Enterprises
Income from contracting and leasing to enterprises refers to the income from contracting and leasing by individuals as well as the income from subcontracting and subletting, including the income in the nature of wages and salaries obtained by the contractors and lessees from the enterprises on a monthly or monthly basis. In the specific taxing process, should be differentiated between two cases to deal with:
One is the individual contracting, leasing, business registration into an individual industrial and commercial enterprises, the contracting, leasing business income, in fact, belongs to the individual industrial and commercial enterprises of the production and operation of the proceeds, should not be based on the contracting of the enterprise, leasing business income from the individual income tax, but according to the individual industrial and commercial enterprises production and operation of income from the collection of individual income tax. Individual income tax.
The other type is the individual contracting, leasing, business registration is still an enterprise, the contractor or lessee in accordance with the contracting, leasing contract (agreement) from the enterprise income, should be in accordance with the provisions of the Individual Income Tax Law to pay personal income tax, specific can be divided into two types: one is the contractor, lessee on the results of the business enterprise does not have the right of ownership, only according to the contract (agreement) from the enterprise to obtain a certain income, then should be based on the wages, salaries, and other income tax. One is that contractors and lessees do not have ownership of the business results of the enterprise, and only obtain certain income from the enterprise according to the contract (agreement), then the individual income tax shall be levied according to the item of wages and salaries; the other is that contractors and lessees shall pay the contracting fee or lessee fee to the enterprise according to the provisions of the contract (agreement), and then the results of the business results shall be owned by the contractors or lessees, and then the income obtained from the enterprise shall be subject to the item of the contracting and lesseeing income of the enterprise, and the enterprise shall withhold and pay the individual income tax on behalf of the enterprise.
Third, the enterprise withholding individual income tax
In accordance with the provisions of the enterprise as a withholding agent, in the payment of taxable income to the individual, regardless of the use of cash payments, remittance payments, transfer payments, or in securities, in kind, and other ways of payment, and regardless of the other party is the unit of the personnel, should be in accordance with the provisions of the withholding of their personal income tax payable. The enterprise shall fulfill its obligation to withhold and pay the tax in accordance with the law, and the individual shall not refuse to do so. If an individual refuses to fulfill his/her tax obligation, the enterprise shall promptly report to the tax authorities for processing and suspend the payment of his/her taxable income. Otherwise, the tax payable by the individual shall be made up by the enterprise, and the enterprise shall also pay late fees or penalties in respect of the tax that should have been withheld but not withheld, and the tax that should have been collected but not collected. The tax payable is calculated according to the following formula:
Taxable Income = (Income Paid - Expense Deduction - Quick Deduction) ÷ (1 tax rate)
Taxable Income = Taxable Income × Applicable Tax Rate - Quick Deduction
According to the regulations, when withholding personal income tax, enterprises must issue to individuals the tax authorities' uniformly printed tax vouchers and specify in detail the individual's tax liability, and also the individual's tax liability. Tax vouchers must be issued to the individual, with details of the individual's name, work unit, home address and identity card or passport number (in the absence of such documents, other valid proof of identity can be used) and other personal data. For income from wages and salaries and income from interest, dividends and bonuses, if it is inconvenient to issue withholding tax vouchers one by one due to a large number of taxpayers, with the consent of the tax authorities in charge, the tax vouchers may not be issued, but the taxpayers shall be informed in a certain way that the tax has been withheld and paid. If a taxpayer asks an enterprise for a withholding and collection tax voucher in order to hold a tax-paid voucher, the enterprise shall not refuse. If the enterprise provides the taxpayer with unofficial tax withholding vouchers, the taxpayer has the right to refuse to receive them.
The tax withheld each month, self-declared taxpayers should pay the tax each month, should be paid into the state treasury within the seventh day of the following month, and to the local tax authorities in charge of tax returns.
Fourth, tax exemption and reduction policy
According to the current regulations, enterprises are exempted from personal income tax when withholding personal income tax on behalf of the following items:
1. Special government allowances issued in accordance with the provisions of the State Council (referring to a specific allowance issued by the State to the personnel who have made outstanding contributions to the development of various undertakings, and not referring to other subsidies and allowances approved by the State Council) and the State Council regulations exempted from tax. ) and subsidies and allowances exempted from tax by the State Council (currently limited to allowances for academicians of the Chinese Academy of Sciences and the Academy of Engineering) are exempted from personal income tax.
2. Welfare expenses, i.e., due to certain specific events or reasons that cause certain difficulties in the normal life of the employees or their families, the enterprises pay to the employees from the welfare expenses or labor union funds that are set aside by the enterprises in accordance with the relevant provisions of the State to provide them with temporary assistance for their difficulties in life, which are exempted from individual income tax. The following incomes do not belong to the scope of tax-exempt welfare fees, and should be included in wages and salary income for individual income tax:
(1) various subsidies and grants paid to individuals from welfare fees and labor union funds beyond the proportion or base amount stipulated by the state;
(2) subsidies paid to all employees from welfare fees and labor union funds;
(3) subsidies paid to all employees from welfare fees and labor union funds;
(4) subsidies paid to employees for purchasing automobiles, housing, and other goods and services by an enterprise. Expenditures that are not in the nature of temporary living hardship assistance, such as the purchase of automobiles, housing, electronic computers, etc. by the unit for individuals.
3. Settlement payments, retirement payments (meaning retirement payments received by an individual who meets the conditions for retirement as stipulated in the Provisional Measures of the State Council on the Retirement and Retirement of Workers and receives them in accordance with the standards stipulated in the Measures), and retirement payments paid to employees in accordance with the unified regulations of the State are exempted from taxation.
4. The housing provident fund, medical insurance premiums and basic pension insurance premiums extracted by the enterprise in accordance with the proportion prescribed by the state or local government and actually paid to the designated financial institutions are not counted as an individual's current salary and wage income and are exempted from personal income tax. For housing fund, medical insurance premiums and basic pension insurance premiums paid in excess of the proportion prescribed by the state or local government, the portion in excess of the prescribed proportion shall be included in the individual's current salary and wage income and be subject to individual income tax. Individuals are exempted from personal income tax when they receive the housing provident fund, medical insurance premiums and basic old-age insurance premiums they originally deposited.
5. In accordance with the provisions of Document No. 087 of the State Taxation Letter [1997], the income from seedling compensation paid by the land requisitioning unit to the land contractors in the process of land requisitioning shall be exempted from the individual income tax for the time being.
In accordance with the provisions of Cai Shui Zi [1998] No. 061, individuals are temporarily exempted from personal income tax on income derived from the transfer of shares of listed companies.
In addition, in accordance with Document No. 020 of the Cai Shui Zi [94], senior specialists who have reached the age of retirement or pension but have extended their retirement or pension age appropriately due to the needs of their work (referring to the experts and scholars enjoying the governmental special allowances issued by the state) are exempted from individual income tax on their wages and salaries during the period of extension of their retirement and pension as if they were the wages of their retirement or pensioners.
In accordance with the provisions of the Individual Income Tax Law and the Regulations for the Implementation of the Individual Income Tax Law, the following items may be subject to a reduction of individual income tax upon approval, and the magnitude and duration of the reduction shall be decided by the people's governments of the provinces, autonomous regions and municipalities directly under the central government:
1. Income derived by disabled, widowed or orphaned persons and the martyrs;
2. Income derived by persons who suffer from major losses caused by natural disasters;
3. . other reductions and exemptions approved by the financial department of the State Council.
The State Taxation Letter [1999] No. 329 document further specifies that the income of the disabled, widows and orphans and martyrs approved by the provincial people's government can be reduced in individual income tax is limited to labor income, the specific items of income as follows: wages and salaries; production and management income of individual industrial and commercial enterprises; contracting and leasing of enterprises and public institutions; remuneration for labor; and remuneration for manuscripts; Income from royalties. Other incomes cannot be reduced for personal income tax.
According to (94) Cai Shui Zi No. 020, Guoshuifa [1996] No. 417 and Guoshuifa [1997] No. 054, the following incomes of foreigners are temporarily exempted from individual income tax.
(1) Reasonable housing subsidies, meal subsidies, relocation expenses and laundry fees obtained by foreign individuals in non-cash form or in the form of out-of-pocket expenses are temporarily exempted from individual income tax. For housing subsidies, meal subsidies and laundry fees, the taxpayer shall provide valid certificates of the above subsidies to the competent tax authorities when making the tax declaration of salaries and wages income in the month following the month in which the taxpayer first obtains the said subsidies or in which the amount of the said subsidies or the method of payment is changed, and the competent tax authorities shall approve and confirm the exemption of the tax. For relocation expenses, the taxpayer shall provide valid certificates to the competent tax authorities for approval and confirmation of tax exemption in respect of the reasonable portion thereof.
(2) Individuals of foreign nationality shall be temporarily exempted from personal income tax on business trip allowances within or outside the country, which are obtained by them according to reasonable standards. For such subsidies, the taxpayers shall provide the vouchers (copies) of the transportation and accommodation expenses for business trips or the relevant plans of the enterprises for arranging business trips, and the competent tax authorities shall confirm the tax exemption.
(3) Expatriates are temporarily exempted from personal income tax on family visit fees, language training fees, children's education fees, etc., which are approved as reasonable by the local tax authorities. For family visit fees, the taxpayer shall provide the transportation expense vouchers (copies) for family visits, and the competent tax authorities shall examine and approve the portion that is actually used for family visits, and the number of family visits per year and the standard of payment are reasonable, and shall be exempted from tax. For language training fees and children's education fees, the taxpayer shall provide the expenditure vouchers and documents proving the period of receiving the above education in China, and the competent tax authorities shall examine and grant tax exemption to the portion of language training fees and children's education fees subsidized by the taxpayer for receiving language training in China as well as children's education in China, and the amount is within a reasonable amount.
Section II: Calculation of Taxable Amount of Individual Income Tax
I. Basis of Individual Income Tax
The basis of individual income tax is taxable income. The taxable income is the balance of the income earned by an individual minus the deductions or the amount of deductions stipulated in the tax law.
Income earned by individuals is generally cash income. If the income obtained by an individual is in kind, the taxable income shall be calculated according to the price stated on the voucher of the obtained kind; if there is no voucher or the price stated on the voucher is obviously low, the competent tax authorities shall approve the taxable income with reference to the local market price. If the personal income is securities, the competent tax authorities shall determine the taxable income according to the face value and market price .
According to the tax law, in calculating the taxable income, except for special items, the deductions or deductions provided for in the tax law are allowed to be subtracted from the income, including the necessary costs or expenses incurred for the purpose of obtaining the income. Specifically, three different deduction methods are used for different taxable income items, namely, fixed amount, fixed rate and accounting method. For income from wages and salaries and income from contracting and leasing to enterprises, the flat-rate deduction method is adopted, i.e., the balance of the taxable income is determined by subtracting a prescribed amount of expenses from the income received. Income from the transfer of property is accounted for by deducting the relevant costs, expenses or prescribed necessary expenses. For income from remuneration for labor services, royalties, and property leasing, both flat-rate and fixed-rate deduction methods are just adopted. As for interest, dividend, bonus income and incidental income, since they do not involve the payment of necessary expenses, it is stipulated that no deduction shall be made.
II. Withholding personal income tax accounting
Enterprises should be in the "tax" account under the "payable" account set up "payable personal income tax" ledger account, specifically used to account for the withholding of personal income tax on behalf of the enterprise. The credit side of the account registers the enterprise withholding of personal income tax, the debit side registers the enterprise on behalf of the individual income tax, the balance of which is reflected in the credit side of the enterprise has been withheld and has not yet been paid to the tax authorities of the situation of personal income tax.
When the enterprise withholds the individual income tax according to the regulations, it makes the following accounting entries according to the withholding tax:
Borrow: Related Accounts
Credit: Taxes Payable - Individual Income Tax Payable
When the enterprise actually pays the individual income tax, it makes the following accounting entries according to the actual amount of the tax paid on behalf of the individual:
Borrow: Tax Payable - Individual Income Tax Payable
The amount of the tax paid on behalf of the individual is as follows:
Borrow: Taxes Payable - Individual Income Tax Payable
Credit: Bank Deposits
Since the tax basis of individual income tax is determined in different ways, the tax rate is set according to the taxable items, and the corresponding calculation of the taxable amount is also different.
Three, wages, salary income tax calculation method
In general, wages, salaries to taxpayers monthly wages, salaries income minus 800 yuan fee for the balance of the taxable income of personal income tax. For expatriates, overseas Chinese, Hong Kong, Macao and Taiwan compatriots working in industrial enterprises within the territory of China, additional deductions of 3,200 yuan can be deducted in addition to the 800 yuan fee mentioned above. Wages and salaries are subject to a nine-tier ultra-progressive tax rate to calculate the amount of tax payable. The individual income tax rates for wages and salaries are shown in Table 15-1:
Table 15-1:
Table of Individual Income Tax Rates
(Applicable to Wages and Salaries)
Tier Monthly Taxable Income (Inclusive of Taxes) Exclusive of Taxes Tax Rates (%) Immediate Deductions
1 Up to $500 Not More Than $475 5 0
2 More than $500 to $2,000 More than $475 to $1,825 10 25
3 More than $2,000 to $5,000 More than $1,825 to $4,375 15 125
4 More than $5,000 to $20,000 More than $4,375 to $16,375 20 375
5 Portion exceeding $20,000 to $40,000 Portion exceeding $16,375 to $31,375 25 1375
6 Portion exceeding $40,000 to $60,000 Portion exceeding $31,375 to $45,375 30 3375
7 Portion exceeding $60,000 to $80,000 Part exceeding 45,375 to 58,375 35,6375
8 Part exceeding 80,000 to 100,000 Part exceeding 58,375 to 70,375 40,10375
9 Part exceeding 100,000 Part exceeding 70,375 45,15375
Wages and salaries income The taxable amount of individual income tax is:
Taxable income for the whole month=Total monthly income from wages and salaries-800
Taxable income for the whole month=Total monthly income from wages and salaries-800-3200 (applicable to expatriates, overseas Chinese, compatriots in Hong Kong, Macao, and Taiwan)
Taxable income for the whole month=∑(Taxable income×Applicable tax rate)
The taxable amount for the whole month=∑(Taxable income×Applicable tax rate)
The taxable amount of the whole month=∑(Taxable income×Applicable tax rate)
Taxable amount for the whole month=Taxable income for the whole month×Applicable tax rate-quick deduction
[Example 1]Hongyuan factory pays out salary for April, and the employee Zhang's salary for the month is 2,400 yuan, then his taxable amount is:
Taxable income=2,400-800
=1,600 yuan
Taxable amount=500×5% +(1600-500)×10%
=135RMB
Or:
Taxable Income=1600×10%-25
=135RMB
[Example 1]Mark, a foreign expert, earns a monthly salary of RMB 6,200. According to the regulations, for expatriates, etc., in addition to the deduction of 800 yuan expenses, additional deductions should be deducted 3200 yuan. Then its taxable amount is:
Taxable income=6200-800-3200
=2200 yuan
Taxable amount=2200×15%-125
=205 yuan
Enterprises in the current month should be withheld on behalf of the personal income tax for the taxable amount of all the employees of the current month's wages and salaries income.
The total wages of the employees of Hongyuan Factory in April were 256,000 yuan, and according to the calculation, the amount of personal income tax payable was 3,900 yuan.
In the specific accounting, the enterprise should make the following accounting entries:
Borrow: wages payable 256 000
Credit: cash 252 100
Credit: Taxes payable - personal income tax payable 3 900
In the specific calculation of the tax payable on behalf of withholding
When calculating the amount of tax payable on wages and salaries, there are several special circumstances that need to be taken into consideration:
(1) The amount of tax payable on several months' bonuses, year-end bonuses, or labor dividends at one time
According to the regulations, several months' bonuses, year-end raises, or labor dividends obtained by an employee at one time may be calculated separately as one month's wages and salaries. Since expenses have already been deducted on a monthly basis when calculating the tax on monthly wages and salaries, no expenses are deducted when calculating the tax on the above bonuses, year-end raises or labor bonuses, and the full amount is calculated as the taxable income. If the employee's monthly salary or wage income is less than 800 yuan, that is to say, he/she usually does not pay personal income tax on his/her monthly income, when calculating the taxable amount of the above bonuses, year-end raises or labor bonuses, he/she should deduct 800 yuan as one month's salary or wage income (e.g., an additional deduction of 3,200 yuan should be deducted for foreign experts, etc.), and then calculate the taxable amount of the remaining balance as the taxable income and calculate the taxable amount according to the applicable tax rate. tax rate to calculate the taxable amount.
[Example 2] A factory issues year-end bonuses, employee Li should be issued year-end bonus of 12,000 yuan. Li's monthly salary income is about 1,800 yuan.
According to the regulations, for the year-end bonus obtained by Li, it can be calculated separately as one month's wages and salary income for tax purposes. Since the expenses have been deducted on a monthly basis, the full amount of the said year-end bonus will be treated as the taxable income, i.e.:
Taxable Income=12,000 Yuan
Taxable Amount=12,000×20%-375
=2 025 yuan
Then the company should withhold and pay Li's personal income tax of 2,025 yuan.
(ii) Enterprises bear the personal income tax tax for their employees (including other employees)
Some enterprises, in order to raise the income level of their employees, clearly stipulate in their labor contracts that they will bear all or part of the personal income tax for their employees, and that the wages and salaries they pay to their employees are either net income without tax or income with part of the tax. For example, an enterprise employs a person as a chief engineer, and the contract stipulates that the monthly salary is a net income of 5,000 yuan after tax. In this case, when withholding personal income tax, the tax-exclusive income should first be converted into tax-containing income, and then the personal income tax to be withheld should be calculated. It can be divided into the following two cases:
1. The enterprise bears the entire tax for the employee
In this case, the enterprise pays the employee a net income excluding tax. When calculating the personal income tax withheld, the first thing to do is to convert the non-taxable income into taxable income, and then calculate the taxable amount, which is calculated as follows:
Taxable Income = (Non-taxable Income - Expense Deduction - Instant Deduction) ÷ (1 - Rate)
Taxable Amount = Taxable Income x Rate - Instant Deduction
The enterprise will pay all the tax for the employee
In this case, the enterprise pays the employee a net income that is not taxed. It should be noted that in the above two formulas, the tax rate for calculating taxable income refers to the tax rate corresponding to the tax bracket (see Table 13-1) for non-taxable income, whereas the tax rate in the formula for calculating taxable income refers to the tax rate corresponding to the tax bracket for tax-containing income, which is illustrated by the following specific example.
[Example 3]An industrial company employs Wang as an engineer, and the contract stipulates that the monthly salary is 8,000 yuan of after-tax net income.
On February 2, the enterprise pays Wang 8,000 yuan of January salary according to the regulations.
Since the salary paid to Wang is net income after tax, the tax-exclusive income should be converted to taxable income, which is calculated as:
Taxable income=(8 000-800-375)÷(1-20%)
=8531.25 yuan
In the above formula, the tax-exclusive income is 8 000 yuan, and look up table 15-1, the corresponding bracket is "more than $4,375 to $16,375", then its corresponding tax rate is 20%.
Based on the above taxable income, the calculation of tax payable is:
Tax payable=8531.25×20%-375
=1331.25 yuan
In the specific accounting, for the personal income tax borne by the enterprise should be treated as wages payable by the enterprise, to make the following accounting entry:
Borrowing: Wages payable 9331.25
Borrowing: Wages payable 9331.25
We should pay the tax on the wages payable by the enterprise. Salary 9331.25
Credit: Cash 8 000
Credit: Taxes payable - personal income tax payable 1331.25
2.Enterprises bear part of the tax for the workers
Enterprises bear part of the tax for the workers can be divided into two cases: one is the fixed The other is the fixed rate of part of the tax burden. The so-called fixed part of the tax refers to the enterprise for the workers to bear a fixed amount of tax each month; and the enterprise for the workers to bear a fixed rate of part of the tax refers to the enterprise for the workers to bear a certain proportion of the wages of the tax payable, or to bear a certain proportion of the wages of the workers to pay a certain amount of tax.
Enterprises that bear part of the tax for their employees at a fixed rate should convert their wages and salaries into taxable income, and then calculate the tax to be withheld and paid on behalf of the tax, which is calculated as follows:
Taxable Income=Employee Wages+Taxes borne by Enterprises- Deduction of Expenses
Taxable Amount=Taxable Income×Tax Rate-Impromptu Deduction
Taxable Amount = Taxable Income x Tax Rates - Immediate Deduction
This is the tax that should be deducted for employees at a certain percentage of their wages. p>[Example 4] A factory imports a set of equipment from abroad. In order to ensure the normal operation of the equipment, the U.S. engineer George was hired to help the enterprise after-sales service of the equipment. The contract provides that by the enterprise to pay a monthly salary of 9,000 yuan, and bear 50% of his salary tax. The tax to be withheld when the salary is paid is:
Taxable income = (9 000-800-3200-375×50%)÷(1-20%×50%)
=5347.22 yuan
Taxable amount = 5347.22×15%
=802.08 yuan
Taxes to be withheld =802.08×50%
=401.04 yuan
In the specific accounting, the following accounting entries should be made:
Borrow: Salary Payable 9401.04
Credit: Cash 8598.96
Credit: Taxes Payable - Individual Income Tax Payable 802.08
(C) Taxation Methods for Business Operators Implementing the Annual Salary System
According to the regulations, the individual income tax payable by business operators implementing the annual salary system on wages and salaries can be taxed on a yearly basis and prepaid in monthly installments, i.e., when the business operator receives his/her basic salary monthly, the tax payable can be calculated by subtracting the 800 yuan fee at the applicable tax rate and paying the tax in advance. That is, when the enterprise operator receives the basic salary on a monthly basis, minus 800 yuan of expenses, the amount of tax payable will be calculated according to the applicable tax rate and paid in advance; after the end of the year, the enterprise will calculate the benefit salary that the operator should receive in accordance with the regulations, and then the basic salary and benefit salary will be totaled, and then the average amount of tax payable per month will be calculated, and then the amount of tax payable for the whole year will be calculated on the basis of this, and the formula for calculation will be:
The average monthly tax payable amount=[(basic salary + benefit salary for the whole year)÷12-expense deduction standard ]
Annual tax payable = average monthly tax payable x l2
Compare the annual tax payable with the prepaid tax, and the difference will be the amount of back tax to be paid.
[Example 6]A factory has an annual salary system and pays a monthly basic salary of 2,000 yuan, and calculates the benefit salary according to the company's efficiency after the end of the year.2,000 yuan of basic salary for January is paid at the end of January, and the taxable amount is:
Taxable income = 2,000-800
=1,200 yuan
Taxable amount = 1,200 yuan ×10%-25
=95 yuan
Then at the end of each month, the enterprise should withhold and pay the factory director's personal income tax of 95 yuan when it pays wages.
After the end of the year, the enterprise calculates that the factory director should get 48,000 yuan of benefit salary in that year, then the taxable amount for the whole year is:
Monthly average taxable income=(2,000×12+48,000)÷12-800
=5,200 yuan
Monthly average taxable amount=5,200×20%-375
= 665 yuan
Annual tax payable = 665 × 12
=7,980 yuan
Back tax payable = 7,980 - 95 × 12
=6,840 yuan
Then the company should withhold and pay 6,840 yuan of tax on behalf of the factory when it pays the factory benefits wages.
(4) Taxation method of severance pay income and economic compensation income obtained due to termination of labor contract
The severance pay income obtained by an employee that does not meet the conditions for severance pay and the standard of severance pay stipulated in the Provisional Measures of the State Council on the Retirement of Workers and Retirement of Workers is not exempted from tax according to the regulations and thus should be paid as salary and wages according to the regulations at the time of receipt. Therefore, it shall be subject to individual income tax as salary and wages when it is received. Since the severance payment is usually a one-time payment of a large amount, and it is possible that the retired person does not have a regular income for a certain period of time, therefore, according to the regulations, if the retired person obtains a higher severance payment income at one time, it can be regarded as obtaining several months of salary and wage income at one time, and the taxable income and taxable amount shall be calculated by taking the total amount of the original monthly salary and wage as the standard, and dividing them into a number of portions of the income from salary and wage. If the income from wages and salaries for more than six months is divided according to the above method, the calculation shall be based on the average division of six months.
[Example 7] Zhao, an employee of a factory, is retired for some reasons, and the factory pays a lump sum of 54,000 yuan as severance pay. Zhao's monthly salary before retirement is 2,000 yuan, then the firm should pay the severance payment withholding tax:
Since 54,000 ÷ 2,000 = 27 (months), more than 6 months, so it should be calculated on the basis of the average division of 6 months.
Monthly taxable income=54,000÷6
=9,000 yuan
Monthly tax payable=9,000×20%-375
=1,425 yuan
Total tax payable=1,425×6
=8,550 yuan
Then, the factory should withhold and pay the following tax at the time of payment of severance pay personal income tax tax of 8,550 yuan.
Additionally, State Taxation [1999] No. 178 stipulates that the one-time economic compensation income obtained by an individual due to the termination of a labor contract can be regarded as several months of salary and wage income at a time, and is allowed to be averaged over a certain period of time. The specific averaging method is as follows: take the economic compensation income obtained by an individual, divide it by the number of years the individual has worked in the enterprise, take the quotient as the individual's monthly salary and wage income, and then deduct the corresponding expenses according to the regulations, calculate and pay the individual income tax.
[Example 7]Zhang mou in a factory has been working for 8 years, due to various reasons, the termination of the labor contract, a one-time payment of Zhang mou economic compensation fee of 32 000 far. The individual income tax should be withheld as:
Monthly taxable income = 32 000 ÷ 8-800
=32 00 yuan
Monthly taxable income = 3200 × 15% - 125
=355 yuan
Taxable income = 355 × 8
=2,840 yuan
Then the factory should withhold the individual income tax when paying economic compensation. economic compensation should withhold personal income tax tax of 2,840 yuan.
(E) Taxation Methods for Wages and Salary Income of Employing Foreign Experts for Less Than One Month
Enterprises employing foreign experts for less than one month and paying wages for less than one month should calculate the actual tax payable on the basis of the full month's wages. The formula is:
Taxable amount=(taxable income from wages and salaries in the month×applicable tax rate-quick deduction)×actual number of working days in the month÷number of days in the month
If the enterprise pays the salary on a daily basis, it should also multiply the daily salary by the actual number of working days in the month to convert to a monthly salary, and then calculate the taxable amount according to the above formula.
[Example 9]A factory imported complete sets of equipment from abroad in April, and the contract stipulates that the equipment supplier sends an engineer to guide the installation and debugging of the equipment, whose salary is paid by the factory itself, and the daily wage is RMB 400 yuan. Engineer Boole in the factory *** work 20 days, according to the contract to pay wages of 8,000 yuan. The tax to be withheld at the time of payment is:
Monthly salary=400×30
=RMB12,000
Monthly taxable income=12,000-800-3,200
=RMB8,000
Tax payable=(8,000×20%-375)×20÷30
= 816.67 Yuan
IV. Taxation Method of Income from Contracting and Leasing to Enterprises
According to the regulations, the income from contracting and leasing to enterprises shall be the taxable income of the taxpayer in terms of the balance of the total income of the taxpayer in each taxable year after deducting the necessary expenses, and the tax payable amount shall be calculated in accordance with Table 18-2. Among them, the total income refers to the taxpayer's share of income and income in the nature of wages and salaries in accordance with the provisions of the contracting and leasing operations as well as the subcontracting and subletting contracts; the necessary