Donations made by taxpayers to the Red Cross through non-profit social organizations and state organs (including the Red Cross Society of China), as well as donations made by taxpayers to the earthquake-stricken areas in Wenchuan, Sichuan Province through the China Charity Federation, Beijing Municipal Charity Association, and other organizations that are allowed to make full deductions as stipulated by the Ministry of Finance and the State Administration of Taxation, etc., are allowed to be deducted in full from the current period's taxable income when calculating the individual income tax.
Are individual charitable donations deductible for personal income tax purposes?
It can reduce taxable income
The Regulations for the Implementation of the Individual Income Tax Law stipulate that: Individuals who make donations of their income to education and other public welfare undertakings, as well as to areas suffering from serious natural disasters and poverty-stricken areas through social organizations and state organs in China, and whose donations do not exceed 30% of the taxable income declared by the taxpayer, can deduct the donations from their taxable income.
The following is a summary of the taxable income of the taxpayer.
The following policies are specifically for the Wenchuan Earthquake:
1. Individual donations to the disaster area through the withholding unit will be deducted by the withholding unit on the basis of the summary donation vouchers issued by the *** authorities or non-profit organizations, and the details of individual donations recorded by the withholding unit, and then deducted by the withholding unit in the withholding of taxes in accordance with the law.
Second, individuals directly through the *** organs, non-profit organizations to the disaster area donations, take the withholding method of taxation, the donor should be timely to the withholding unit to present *** organs, non-profit organizations issued donation vouchers, by the withholding unit in the withholding tax, according to the law, the deduction; individuals to declare their own tax, the tax authorities by *** organs, non-profit organizations issued by the acceptance of donation vouchers, according to the law, the deduction. The tax authorities will make deductions according to the law with the donations issued by the *** organs and non-profit organizations.
Third, the withholding unit, when making the full individual income tax withholding declaration to the tax authorities, should also submit the summary acceptance of donation vouchers (photocopies) issued by the *** organs or non-profit organizations, the total amount of donations for each taxpayer of the unit, and the amount of donations deducted for the current period.
Fourth, tax authorities at all levels should be in the spirit of encouraging taxpayers to donate, while strengthening the management of donation deduction, through a variety of media to widely publicize the donation deduction policy, methods, programs, and provide quality tax services to facilitate the withholding units and taxpayers to specific operations.
Salary of 5000, donations to the Red Cross 500, the calculation of personal income tax
Public donations of 500 within 30% can be fully deducted
Taxes payable: (5000-500-3500) * 3% = 30
Donations to the Red Cross can be tax deductibleDonations to the local Red Cross are not eligible for tax deduction.
Donations to the local Red Cross are not eligible for tax credit.
"Ministry of Finance, State Administration of Taxation, Ministry of Civil Affairs on public welfare donations tax deduction notice" (Cai Shui [2008] No. 160), "Ministry of Finance, State Administration of Taxation on the public welfare donations through the public welfare mass organizations of public welfare tax deduction notice" (Cai Shui [2009] No. 124) file on the need to register associations to differentiate between the different situations, respectively. To regulate. Whether it is the public welfare social groups such as foundations and charitable organizations (hereinafter referred to as the social groups to be registered) which are registered by the civil affairs department according to the provisions of the Regulations on the Administration of Foundations and Regulations on the Registration and Administration of Social Organizations released by the State Council and meet the conditions, or the people's associations which do not need to be registered as associations in accordance with the Regulations on the Registration and Administration of Social Organizations, or the social organizations which are exempted from registration as approved by the State Council (hereinafter referred to as the mass organizations not to be registered), it is not necessary to register as an association. Hereinafter referred to as not required to register mass organizations) are required to meet certain conditions.
The following conditions must be met for social organizations that need to be registered:
(a) they must meet the conditions set forth in Article 52(1) to (8) of the Regulations on the Implementation of the Law of the People's Republic of China on Enterprise Income Tax;
(b) they must not have been subjected to any administrative penalties within the three years prior to the date of application;
(c) if a foundation has been registered in the civil affairs department for more than three years (including three years), it should be registered in the civil affairs department according to the law. 3 years), should be 2 consecutive years prior to the application of annual inspection pass, or the latest 1 year of annual inspection pass and social organization assessment rating of more than 3A (including 3A), registration of less than 3 years more than 1 year (including 1 year), should be 1 year prior to the application of annual inspection pass or social organization assessment rating of more than 3A (including 3A), registration of less than 1 year of foundations with the paragraph (a), (ii) (d) public welfare social organizations (excluding foundations) registered in the civil affairs department in accordance with the law for more than 3 years, with net assets not less than the amount of registered funds for activities, with qualified annual inspections for 2 consecutive years prior to the application, or with qualified annual inspections for the most recent 1 year and with an assessment rating of 3A or above (inclusive of 3A) for social organizations, and with annual expenditures for public welfare activities not less than 70% (inclusive) of total revenues for the previous year in the 3 consecutive years prior to the application. The annual expenditure on public welfare activities for the three consecutive years prior to application should not be less than 70% (including 70%) of the total income of the previous year, and at the same time, it should reach more than 50% (including 50%) of the total expenditure of the current year.
The annual inspection referred to in the preceding paragraph refers to the civil affairs department of the foundation, public welfare social organizations (excluding foundations) to conduct annual inspections, to make the conclusion that the annual inspection is qualified; social organization assessment level in the 3A or more (including 3A) refers to the social organization in the civil affairs department led by the evaluation of the social organization is rated as 3A, 4A, 5A level, and the assessment results in the validity of the period.
For mass organizations that are not required to register, the following conditions must be met:
(a) they meet the conditions stipulated in Article 52 (1) to (8) of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China;
(b) their institutional establishment is directly managed by the institutional establishment departments at or above the county level;
(c) their revenues from the acceptance of donations As well as the use of donated income for the expenditure of separate accounting, and the application before the three consecutive years of accepting donations in the total income of the expenditure ratio for public welfare is not less than 70%.
Qualified public welfare organizations are eligible for pre-tax deduction only after qualifying for the application program.
For the need to register social organizations need to go through the following program:
(a) the Ministry of Civil Affairs approved the establishment of public welfare social organizations, respectively, to the Ministry of Finance, the State Administration of Taxation, the Ministry of Civil Affairs to apply;
(b) the establishment of foundations approved by the provincial civil affairs departments, respectively, to the provincial finance, taxation (state and local taxes, the same below), civil affairs departments to apply. By the local people above the county level *** civil affairs departments approved the establishment of public welfare organizations (excluding foundations), respectively, to the provinces, autonomous regions, municipalities and municipalities directly under the central government and municipalities with plans to apply for financial, tax, civil affairs departments;
(c) civil affairs departments are responsible for public welfare organizations for the qualification of the initial audit, financial, tax departments in conjunction with the civil affairs departments of public welfare organizations of the pre-tax deduction of donations jointly audited to confirm the qualifications Deduction of qualifications for joint audit confirmation;
(d) the eligible public welfare organizations, in accordance with the above management licensing authority, by the Ministry of Finance, the State Administration of Taxation and the Ministry of Civil Affairs and the provinces, autonomous regions, municipalities and municipalities directly under the Central Government and municipalities with plans to be announced regularly by the Ministry of Finance, taxation and civil affairs departments, respectively.
Based on the above program, the "Notice of the Ministry of Finance, the State Administration of Taxation, and the Ministry of Civil Affairs on the Announcement of the First Batch of Public Welfare Social Organizations Qualified for Public Welfare Donation Tax Deduction for the Year 2008 and 2009" (Cai Shui [2009] No. 85) file announced the 66 public welfare social organizations for the year 2008 and 3 for the year 2009, which were confirmed by the Ministry of Finance, the State Administration of Taxation and the Ministry of Civil Affairs in the joint auditing. The Ministry of Finance, the State Administration of Taxation in conjunction with the Ministry of Civil Affairs jointly audited the confirmation of the 2008 66, 2009 3 first batch of public welfare donations to obtain pre-tax deduction qualification of public welfare social organizations.
The mass organizations that do not need to register are subject to the following procedures:
(a) Mass organizations whose establishment is directly managed by the central government's establishment department apply to the Ministry of Finance and the State Administration of Taxation;
(b) Mass organizations whose establishment is directly managed by the establishment departments of the local authorities at or above the county level apply to the finance and taxation departments of the provinces, autonomous regions, municipalities directly under the central government, and municipalities with single-stationed plans. Finance and tax departments to apply;
(3) of the eligible public interest mass organizations, in accordance with the above management licensing authority, by the Ministry of Finance, the State Administration of Taxation and the provinces, autonomous regions, municipalities directly under the Central Government, municipalities directly under the central government, the plan to jointly publish a list of financial and tax departments, respectively, each year. The list should include continue to obtain public welfare donation pre-tax deduction qualification and new public welfare donation pre-tax deduction qualification of the mass organizations, enterprises and individuals in the list belongs to the year to the list of public welfare donations to the list of mass organizations within the expenditure can be deducted in accordance with the provisions of the pre-tax deduction.
For the public welfare donation expenditure through the public welfare mass organizations, the competent tax authorities should be against the financial and tax departments jointly released the list, accept the donation of mass organizations *** in the list, then enterprises or individuals in the list of the year of public welfare donations can be deducted in accordance with the provisions of the year of the public welfare donations; accept donations to the mass organizations are not in the list, or although in the list, but the enterprise or individual The public welfare donation expenditure does not belong to the list of the year, shall not be deducted.
Such provisions are more stringent than the provisions of the need for registration of social organizations, the need for registration of mass organizations, that is, the requirements are within the list, and the requirements are within the list of the year to which it belongs.
And for the local Red Cross at all levels, industry Red Cross, although the legal personality of social organizations in accordance with the law, but because of the current conditions do not meet the above requirements and can not be approved to enter the list, and therefore can not obtain public welfare donations for pre-tax deduction qualifications, the current list published around the world do not include the local Red Cross at all levels, industry Red Cross, enterprises and individuals in the foreign donations should be particularly careful! This point, the local Red Cross at all levels, industry Red Cross donations can not be deducted before tax.
Harbin Red Cross donation invoices can be deductible income taxYes, belonging to the public welfare donations, can be deducted before tax, but there is a limit, that is, within 12% of the annual profit.
Donations to the disaster area, charities and the Red Cross will give formal invoices? How much income tax can be deducted?Will give formal invoices, the amount of donations, in accordance with the total profit deduction of 12% within the pre-tax deduction. If so, is it possible to deduct it from the donation?
Individuals who obtain donations do not have to pay personal tax, this is not income. And the unit is not through the Red Cross and other professional organizations such as direct donation behavior can not be deducted before the corporate income tax.
If there is external debt, such as mortgage, is it deductible for personal income taxChina's current personal income tax exemptions and reductions are as follows:
Which of the individual's income does not have to pay personal income tax
The Individual Income Tax Law stipulates that: the following items of personal income are exempted from personal income tax:
(1) Provincial-level people's ***, the State Council ministries and Chinese People's Liberation Army units above the military level, as well as prizes awarded by foreign organizations and international organizations in the fields of science, education, technology, culture, health, sports, and environmental protection;
(2) national bonds;
(3) subsidies and allowances issued in accordance with the unified regulations of the state;
(4) welfare payments, pensions, and relief funds;
(5) insurance compensation;
(6) Rehabilitation and demobilization fees for military personnel;
(7) Settlement fees, retirement fees, retired pay, retired pay, retired pay, retired pay, and retired living subsidies for cadres and employees in accordance with the unified provisions of the State;
(8) Income derived from the diplomatic representatives, consular officials, and other personnel of the embassies and consulates of various countries in China, which shall be exempt from taxation in accordance with the provisions of the relevant laws of China;
(9) Income derived from the diplomatic representatives of the consulates of various countries in China; and
(9) Income exempted from tax as stipulated in international conventions and agreements signed by China ***;
(10) Income exempted from tax as approved by the financial department of the State Council.
Under what circumstances can one apply for the care of reduction of individual income tax
The Individual Income Tax Law stipulates that individual income tax can be reduced upon approval under the following circumstances:
(1) the income of the disabled, orphaned and elderly persons and the martyrs;
(2) major losses caused by serious natural disasters;
(3) other income approved for tax reduction by the approval of the financial department of the State Council for tax reduction.
What Deposit Interest Income is Exempt from Individual Income Tax
The State Council's Decree No. 272 "Implementation Measures for Individual Income Tax on Income from Interest on Savings Deposits" released on September 30, 1999, stipulates that: interest income from education savings deposits and interest income from other special savings deposits or savings special fund deposits determined by the State Council's financial department are exempt from individual income tax. The implementation of the Measures stipulates that the interest income from education savings deposits and the interest income from other special savings deposits or savings special fund deposits determined by the financial department of the State Council shall be exempted from individual income tax.
How the scope of personal income tax exemption for disabled persons is stipulated
Jilin Provincial Local Taxation Bureau released on June 29, 2000, Jiji Local Taxation Individuals [2000] No. 171, "Notice on Issues Related to the Reduction of Individual Income Tax on the Income of Disabled, Orphaned Elderly and Martyrs," which stipulates that: "All the wages and salary income, individual industrial and commercial production and operation income obtained by disabled, orphaned elderly and martyrs in the territory of the province shall be exempted from personal income tax. Salary income, income from production and operation of individual business, income from contracting and leasing of enterprises and institutions, income from labor and remuneration, income from manuscripts, and income from royalties in our province are entitled to a reduction of individual income tax. The reduction is tentatively set at 40%.
Additional deduction for taxpayers who earn wages and salaries
The Individual Income Tax Law stipulates that the additional deduction for taxpayers who do not have a residence in China and earn wages and salaries in China and taxpayers who have a residence in China and earn wages and salaries outside of China can be determined in accordance with the average level of income, standard of living, and changes in exchange rates. and changes in the exchange rate to determine the additional deductions, and the scope and standards applicable to the additional deductions shall be prescribed by the State Council.
What is the scope and standard of additional deduction expenses
The Regulations for the Implementation of the Individual Income Tax Law stipulate that: the additional deduction expenses referred to in the third paragraph of Article 6 of the Tax Law refer to the monthly deduction of the amount stipulated in Article 28 of the Regulations on top of the deduction of 800 yuan expenses.
The scope of application of the additional deduction referred to in Article 6(3) of the Tax Law refers to:
(1) expatriates working in foreign-invested enterprises and foreign enterprises within the territory of China;
(2) expatriate specialists recruited to work in enterprises, public institutions, social organizations and state organs within the territory of China;
(3) foreigners who have a domicile in China and are employed or employed outside of China;
(4) foreigners with a residence in the country who are employed or employed outside of China; and (5) foreigners with a residence in the country who are employed or employed outside of China. (3) Individuals who have residence in China and obtain wages and salary income from employment or employment outside China;
(4) Other persons determined by the Ministry of Finance.
The additional deduction standard referred to in Article 6(3) of the Tax Law is 3,200 yuan.
Overseas Chinese and compatriots in Hong Kong, Macao and Taiwan shall refer to this provision. The original tax payment certificate filled out by the overseas tax authorities should be provided when the individual income tax is paid.
Whether the Guanghua Science and Technology Foundation bonus reward for scientific and technological personnel tax
State Administration of Taxation released on February 15, 1994, the State Taxation Letter Fa [1994] No. 048 "on the individual access to the Guanghua Science and Technology Foundation incentive exemption from personal income tax approved reply" provides that: the Guanghua Science and Technology Foundation reward for scientific and technological personnel bonus can be regarded as the People's Liberation Army military and above, the Chinese People's Liberation Army, the Chinese People's Liberation Army and other organizations. The bonus for science and technology issued by the unit of the People's Liberation Army can be regarded as the bonus for science and technology issued by the unit above the military level, and is temporarily exempted from individual income tax.
What kind of income does not belong to the taxpayer's own wages and salaries
The State Administration of Taxation released Guo Shui Fa [1994] No. 089 "Notice on Issuing Provisions on Several Issues Concerning the Collection of Individual Income Tax" on March 31, 1994, stipulating that: the following subsidies and allowances which do not belong to the nature of wages and salaries, or income which does not belong to the taxpayer's own wages and salaries, shall not be subject to individual income tax. Income that is not part of the taxpayer's own salary or wages is not taxable:
(1) Allowance for a single child;
(2) Subsidies, allowance differentials, and family members' food allowances that are not included in the total basic salary of the civil servant's payroll system;
(3) Childcare subsidies;
(4) Travel allowances and meal allowances.
Individual industrial and commercial households individual income tax tax on issues related to how to stipulate
Ji land tax individual word [2000] 305 "on the individual industrial and commercial households individual income tax on issues related to the notice" provides: individual industrial and commercial households owners of the expense deduction standards and employees of the wage deduction standards, by the provinces, autonomous regions and municipalities directly under the Central Taxation Bureau to determine. Individual industrial and commercial households in the production and operation of interest expenses on borrowed money during the period, where there is legal proof, not higher than the amount calculated according to the financial institutions of the same type, the same period of the loan interest rate, the part of the deduction is allowed.
Article 13 of the "Measures" on the owners of individual businesses to deduct the costs of the standard was temporarily set at 860 yuan / month; employees according to the actual deduction, but shall not be higher than 800 yuan / month.
Cai Shui Zi [1994] No. 020 "on the individual income tax on a number of policy issues of the notice" provides that: individual businesses or individuals specializing in planting, aquaculture, breeding, fishing, its business specialties belong to the agricultural tax (including agricultural specialties, the same below)
Refused to donate to the Red CrossTo the Red Cross raised his middle finger! *** !