I. On the issue of collecting value-added tax at a reduced rate of 0.5% by taxpayers of second-hand car distribution.
(I) Calculation of sales In order to improve the certainty and uniformity of the implementation of the newly introduced policy of reducing VAT for second-hand car distribution business, the announcement clearly states that from May 1 day, 2020 to February 3 1 day, 2023, taxpayers engaged in second-hand car distribution business will be subject to VAT at a reduced rate of 0.5%, and the sales volume will be calculated according to the following formula:
Sales = sales including tax /( 1+0.5%)
At the same time, in order to standardize the collection and management, the newly introduced VAT collection rate change policy after this announcement is calculated according to the above formula principle.
(II) Invoice Issuance According to the Measures for the Administration of Second-hand Car Circulation (Order No.2 of the Ministry of Commerce, 2005), when selling second-hand cars, a second-hand car distribution enterprise shall issue a unified invoice supervised by the tax authorities to the buyer. Since the unified invoice for second-hand car sales is not a valid VAT deduction voucher, the announcement is clear in order to safeguard the taxpayer's input deduction rights. In addition to issuing a unified invoice for second-hand car sales in accordance with regulations, taxpayers should also issue a special VAT invoice with a collection rate of 0.5% for buyers.
It should be noted that according to the relevant provisions of the Provisional Regulations on Value-added Tax in People's Republic of China (PRC), if the buyer is an individual consumer, taxpayers engaged in the second-hand car distribution business may not issue special invoices for value-added tax.
(III) Tax Declaration When applying for VAT tax declaration, the general taxpayer should fill in the corresponding columns of "Goods and processing, repair and repair services with a 3% levy rate" in the Attached Data of VAT Tax Declaration Form (the sales details of this period) and "Taxation by simple taxation method"; The VAT payable corresponding to the reduction is calculated at 2.5% of the sales, and filled in the corresponding columns of the reduction items in the VAT Tax Return (applicable to general taxpayers), the VAT payable reduction amount and the VAT reduction and exemption declaration list.
Small-scale taxpayers should fill in the corresponding columns of "VAT tax declaration form (applicable to small-scale taxpayers)" and "VAT sales excluding tax (3% tax rate)" when handling VAT tax declaration. The value-added tax payable corresponding to the reduction is calculated at 2.5% of the sales, and the corresponding columns of the reduction items are filled in the Value-added Tax Declaration Form (applicable to small-scale taxpayers), the Reduction of Taxable Amount in the Current Period and the Declaration List of Value-added Tax Reduction and Exemption.
Two, about the application of tax rate to the special treatment of waste.
Entrust taxpayers to reduce, recycle and treat wastes such as garbage, sludge, sewage and waste gas harmlessly through landfill, incineration, purification and fertilizer making. The announcement distinguishes different situations and clarifies the applicable VAT rate: 1. If nothing is produced after special treatment such as landfill and incineration. The trustee belongs to the bills that provide sales services, intangible assets and real estate (finance and taxation). If the goods are specially processed and produced and belong to the entrusting party, the entrusted party provides "processing services", and the processing fee charged by it is subject to the VAT rate of 13%; 3. If the goods produced after special processing belong to the consignee, the consignee shall provide "professional technical services", and the processing fee charged by the consignee shall be subject to the VAT rate of 6%. When the consignee uses the goods produced for sale, it shall apply the value-added tax rate of the goods.
Three, about the auction house commissioned the auction of cultural relics and works of art invoices.
In order to solve the special problem of issuing invoices for the auction of cultural relics and artworks, it is clear in the announcement that if the auction house is entrusted to auction cultural relics and artworks, and the entrusting party enjoys the policy of exemption from value-added tax according to regulations, the auction house can issue an ordinary value-added tax invoice to the buyer for the price of goods collected by it in its own name, and the corresponding price of goods is not included in the taxable income of the auction house. At the same time, the announcement clarified the scope of cultural relics and artworks, including paintings and calligraphy, ceramics, jade and stone tools, metal products, lacquerware, bamboo and wood tooth carvings, Buddhist utensils, classical furniture, purple sand and tea sets, clear offerings in the study, inscriptions on ancient books, philatelic products, coins, jewelry and other collectibles.
IV. Determination of the purchase price of restricted shares
According to the tax system arrangement that the value-added tax does not tax the equity investment, but taxes the value-added part of the stock (financial goods) transfer, the Announcement of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Several Issues Concerning the Pilot Collection and Management of Changing the Business Tax to Value-added Tax (No.53 of 20 16, hereinafter referred to as Announcement No.53) clarifies the principle of determining the purchase price of restricted shares according to the reasons for the formation of restricted shares. In line with the principle of benefiting taxpayers, in view of the special situation that the purchase price stipulated in Announcement No.53 is lower than the actual cost for taxpayers to obtain restricted shares, the announcement further clarifies that if the purchase price determined in Announcement No.53 is lower than the actual cost for the company to obtain restricted shares, the value-added tax shall be calculated and paid according to the actual cost.
For example, the initial investment cost of Company A's investment in Company B's equity is 20 yuan/share, followed by initial public offering and listing of Company B's shares, and the price of Company A is 40 yuan/share after the restricted shares of Company B are lifted. If the listing and issue price is 30 yuan/share, the value-added tax will be calculated and paid by Company A according to the balance of 65,438 yuan/share (=40-30) after deducting the issue price; If the listing price is 10 yuan/share, the value-added tax will be calculated and paid by Company A according to the balance of the selling price minus the actual cost price (20 yuan/share =40-20).
Five, the choice of the starting time for taxpayers to actually enjoy the VAT reduction and exemption policy.
In order to further clarify the rights and obligations of taxpayers, it is clear in the announcement that after the introduction of a certain VAT tax reduction or exemption policy, ordinary taxpayers can choose the time to start enjoying the tax reduction or exemption policy according to the tax declaration period during the implementation period of the policy. General taxpayers who choose to give up the right of tax reduction or exemption after actually enjoying the policy of tax reduction or exemption related to a certain service, real estate or intangible assets shall submit a written statement to the competent tax authorities for the record, just like giving up the right of tax reduction or exemption when selling goods. It should be noted that the above provisions apply to general VAT taxpayers.
For example, according to the Announcement of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Supporting Tax Policies for Prevention and Treatment of Pneumonia in novel coronavirus (No.8, 2020), taxpayers can enjoy the preferential policy of 1 exemption from value-added tax from 2020. General taxpayers who provide accommodation services (life services) can choose to declare and pay taxes on all the income obtained from providing accommodation services on June 5438+ 10, 2020, and issue special VAT invoices; From February 1 year, the income from providing accommodation services is declared tax-free and no special VAT invoice is issued. After that, if the taxpayer chooses to waive the tax exemption right of accommodation services, it shall submit a statement of taxpayer's waiver of tax exemption (reduction) to the competent tax authorities in written form as required, and calculate and pay the value-added tax according to the current regulations from the month following the submission of the statement.
Six, about the general taxpayer registered as a small-scale taxpayer.
In order to support small-scale taxpayers to return to work, the state has introduced a value-added tax reduction policy for small-scale taxpayers. Taking into account the impact of the epidemic on the production and operation of enterprises, in order to enable taxpayers to fully enjoy tax incentives, it is announced that if the annual sales of ordinary taxpayers do not exceed 5 million yuan, they can choose to register as small-scale taxpayers before the end of 2020, and they can enjoy the corresponding VAT preferential policies for small-scale taxpayers after registration. In order to enable taxpayers who meet the re-registration conditions to enjoy the relevant treatment of small-scale taxpayers as soon as possible, the announcement is clear and this clause will come into force as of the date of announcement.
Seven, on the "VAT tax exemption declaration list" in the "tax exemption amount" and other two columns do not need to fill in the problem.
In order to reduce the taxpayer's reporting burden, since the date of announcement, ordinary taxpayers do not need to fill in the input tax and tax-free amount corresponding to tax-free sales in the fourth column of the VAT tax reduction and exemption list.