Contracts Are Skillful: Planning For Stamp Duty
Case study: the revitalization of aluminum alloy doors and windows factory and residential building and installation enterprises signed a processing contract.
The contract stipulates that the revitalization of aluminum alloy doors and windows factory 1., commissioned by the residential building and installation company, is responsible for processing aluminum alloy doors and windows with a total value of 500 thousand yuan. The raw materials required for processing are provided by aluminum alloy doors and windows factory.
The revitalization of aluminum alloy doors and windows factory charges a total of 300 thousand yuan for processing and raw materials.
2., revitalization of aluminum alloy doors and windows factory to provide spare parts, worth 50 thousand yuan.
The contract revitalization of aluminum alloy doors and windows factory's printing sharp (30000+50000) x 0.5 per thousand = 175 yuan.
According to our stamp duty tax law, the tax basis for processing contract is as follows: 1., the basis of tax calculation is contract processing or contract income.
If the amount of raw materials provided by the client is not incorporated into the tax basis, the amount of supplementary materials provided by the trustee shall be incorporated into the tax amount.
The 2. contract for the processing of the contract is provided for the raw materials supplied by the trustee. If the contract amounts to the amount of the processing charge and the amount of raw materials, the tax shall be separately assessed: the amount of the processing fee shall be assessed at 0.5 per thousand tax rate according to the processing contract, the raw material amount shall be applied at 0.3 per cent tax rate according to the purchase and sale contract, and the amount shall be appliable according to the sum of two taxes. If the sum of two items is not recorded in the contract, and only the total amount of the mixed tax is collected, then the tax rate applicable to the high applicable tax rate shall be calculated according to the total amount in accordance with the processing contract, and the 0.5 percent tax rate shall be applied to the tax applique.
In this case, we can see that in this case, if the cost of processing and revitalization of aluminum alloy doors and windows factory is calculated separately, the purpose of tax saving can be achieved.
If the processing fee is 100 thousand yuan and the raw material cost is 200 thousand yuan, the amount of applique required is 200000 x 0.3 per thousand +100000 x 0.5 per thousand +50000 x 0.5 per thousand = 135 yuan.
Comment: in the eyes of many corporate financial officers, stamp duty is a very small tax, which often ignores tax savings.
However, enterprises always make various contracts frequently in production and operation, and some of them have huge sums. Therefore, the preparation of stamp duty is not only necessary but also important.
Since the stamp duty rate is relatively small, the key to stamp duty planning is the determination of the tax basis. The following points will help the financial staff to accurately calculate stamp duty and avoid paying more taxes.
1., the same certificate contains two or more than two economic matters and applies different tax rates. If the amount is recorded separately, the amount of tax payable should be calculated separately, and the total amount of tax should be added according to the total amount of tax payable.
The amount of foreign tax payable in the 2. dutiable voucher shall be converted into Renminbi according to the foreign exchange price quoted by the State Administration of foreign exchange on the date of the certificate, and then the amount of tax payable shall be calculated.
3., the amount of tax payable should be less than 1 cents, and the stamp duty shall be exempted. If the tax amount is above 1 cents, the amount of tax shall be no more than 5 cents, and the total 5 cents shall be calculated at 1 cents.
4., when the contract can not be determined at the time of signing, the contract can be fixed at 5 yuan, and then the tax will be paid according to the actual amount after the settlement.
In the 5. commodity purchase and sale activities, the contract signed by commodity exchange for commodity trading is a contract reflecting the double economic behavior of both purchase and sale. In contrast, the contract should be based on the total amount of purchase and sale.
Where the amount is not specified in the contract, the amount of tax payable shall be calculated according to the number of purchase and sale in the contract according to the State price or the market price.
6., for all kinds of freight pportation in the country, the whole freight shall be taken as the basis of tax calculation, and the stamp duty shall be paid by both sides of the freight settlement. The freight shall be paid separately by the freight separately, and the stamp duty shall be paid separately by the parties handling the freight settlement.
7., for international freight, where the pport enterprises are pported or pferred to China by pportation companies in China, Cheng Yunshu will pay the freight payable according to the freight charges calculated by this pport company. The amount of tax payable shall be calculated according to the total freight cost of a pport settlement certificate held by the consignor.
Where a foreign pport enterprise imports and exports goods, a freight pport settlement certificate held by a foreign pport enterprise shall be exempted from stamp duty. Stamp duty shall be paid for a freight settlement document held by the consignor.
The most important part is the people.
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