How To Keep Away From Tax Risks At The End Of The Year

The reply issued by the Ministry of Finance and the State Administration of Taxation on the issue of personal income tax for individual purchase of housing or other property by the Ministry of Finance and the State Administration of Taxation stipulates that investors, investors, family members or other personnel of enterprises shall borrow money from enterprises to purchase houses and other properties, and register their ownership as investors, investors, family members or other personnel of the enterprise. If the owner fails to repay the loan after the end of the year, whether the owner will pay the property for free or paid to the enterprise for use, the quality of the property is allocated by the enterprise to the individual in 2008 aspects, and the personal income tax shall be collected according to law.

The second provision stipulates that the above proceeds obtained by individual investors or members of their family other than individual proprietorship enterprises or partnership enterprises shall be regarded as dividends distribution of individual investors to enterprises, and personal income tax shall be levied according to the items of interest, dividends and bonuses.

The Policy extends the scope of personnel involved in loans to investors, which is extended from investors to all personnel in enterprises, greatly increasing the scope of personnel involved in loans and increasing the scope of control by tax laws.

In fact, as early as 2003, the Ministry of Finance and the State Administration of Taxation issued the notice on regulating the collection and administration of individual investors' personal income tax (second [fiscal 2003] 158). It is clear: "during the tax year, individual investors borrow money from their investment enterprises (except individual proprietorship enterprises and partnership enterprises), and after the end of the tax year, they do not return and are not used for production and operation of enterprises. The loans they do not return can be regarded as the dividend distribution of individual investors, and" personal income tax "is calculated according to the items" interest, dividends and dividends ".

In 2005, in order to strengthen the management of individual investors borrowing money from their investment enterprises, the State Administration of Taxation issued the notice on Issuing the "Regulations on the management of personal income tax" (National Tax [2005] 120).

The thirty-fifth article and fourth paragraph of the document stipulate that "loans with a term of over 1 years and not used for production and operation of enterprises shall be taxed in strict accordance with relevant regulations".

As the document has been implemented since October 1, 2005, since October 1, 2005, the time limit for individual investors to borrow from their investment enterprises (exclusive proprietorship and partnership enterprises) has been over 1 years, rather than after the end of the tax year, and has not yet been used for the production of business battalions. The outstanding loans can be regarded as the dividend distribution of individual investors, and the personal income tax is calculated according to the items of interest, dividends and bonuses.

In fact, it is emphasized that individual investors should not divert business funds to others, otherwise they will be regarded as bonus treatment whether they purchase assets or non operating loans.

Here we should pay attention to three points: first, we must pay attention to the premise of taxation is that "investors' personal loans are not returned for more than 1 years, and are not used for production and operation"; two, we should pay attention to the above policies (excluding individual proprietorship enterprises and partnership enterprises); three, we should pay attention to individual income tax according to the items of interest, dividends and bonuses.

The document No. 83 of tax [2008] further clarifies that investors, investors, family members or other personnel of the enterprise borrow money from enterprises to purchase houses and other properties.

For individual proprietorship enterprises, partnership investors, investors' family members or other personnel of the enterprise, and after the end of the year, the loan is not returned, it is regarded as an enterprise's distribution of physical property to individuals, and individual income tax should be collected according to law.

According to the second paragraph of the document,

The above income obtained by the individual investor or family member of a partnership is regarded as the profit distribution of the enterprise to the individual investor, and the personal income tax is calculated according to the item of "production and operation income of individual industrial and commercial households".

The above income obtained by other personnel of the enterprise shall be charged according to the item "wages and salaries".

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Give an example

For example, Huang, one of the investors of a limited company, borrowed 5 million yuan from the company in February 2010, and the loan period was 1 years. In August 2013, it still did not repay the loan. Because it is a limited company, not a sole proprietorship enterprise, it should collect personal income tax according to the items of interest, dividends and bonuses.

Hwang should pay a personal income tax of 500 x 20%=100 (10000 yuan).

If the employee of the above limited company borrowed 50000 yuan from the company in February 2010, Lee earned 2000 yuan a month, and he still had no repayment until August 2013. Because Lee belonged to "other employees of the enterprise", Li should pay his personal income tax according to "wages and salaries".

Lee should accept personal income tax [(50000+2000) -3500] * 30%-2755=11795 (yuan).

If an individual investor or a family member of a sole proprietorship enterprise or a partnership enterprise borrows money from the invested enterprise to purchase the commodity house, it shall calculate the personal income tax according to the individual tax regulations stipulated by the individual industrial and commercial household.

In case of taxable items, enterprises should withhold personal income tax.

When borrowing from other enterprises, withholding taxes, they will debit "payable employees' salaries" and credit the "tax payable - personal income tax" subject.

Individual investors or their family members of individual proprietorship enterprises and their family members obtain loans from individual businesses and collect personal income taxes according to their individual income tax.

When the individual investor or family member of a sole proprietorship enterprise or a partnership enterprise obtains loans, pays dividends and profits, it borrows the subject of "PAYABLE dividends", and credits the "payable tax and tax payable" - the subject of "withholding personal income tax" and the "cash in cash" subject.

The tax authorities and financial personnel of the enterprises can make specific audit on the time and purpose of borrowing by investors through other accounts receivable subjects.

Enterprises should ask employees to repay loans for more than 1 years for the purchase of property or property.

If it is a business loan, it is necessary to get the credentials of operating borrowings.