Not long ago, Hainan Yedao (Group) Limited by Share Ltd issued a "on the tax administrative handling matters notice", called for the company in 2009 to 2011 period to sell an optoelectronic small (i.e., small part to ban the sale of restricted shares), Hainan Province Inspection Bureau to require the company to pay business tax, additional tax total 21395486.15 yuan, also levy an extra gold 11157511.62 yuan, subjected to the corresponding fines. On the above issues, Hainan Coconut Island intends to apply for administrative reconsideration. Close paragraph of time, some enterprises engaged in financial business does not pay business tax, the frequency of the case under investigation processing, the sale of restricted shares is only one of them, the relevant enterprises suffer great economic losses. How to prevent risk, be engaged in the severe challenges facing enterprises in the financial business.
The tax authorities to limit the sale of shares transfer levy business tax
In the non financial enterprises engaged in financial business, transfer limit the sale of shares is one of them. Close period of time, enterprises transfer limit the sale of shares is to pay business tax becomes the hot topic online, the reason is that many of the tax authorities began to limit the sale of shares transfer levy business tax.
Tax consulting group of tax experts Zhou Changwei is introduced, at present, all the tax authorities of enterprises transfer limit the sale of shares is the collection of business taxes, law enforcement calibre inconsistencies, usually have two kinds of ways.
The first approach is defined in accordance with the business of financial commodity levy business tax.
Some tax authorities issued a public notice, clear transfer of shares to pay business tax issues.
Tianjin Municipal Local Taxation Bureau issued "on the transfer of shares to pay business tax on the purchase price to determine the related issues notice" (Tianjin Municipal Local Taxation Bureau notice 2013 No. fourth), stock transfer income to calculate and pay business tax issues related to notice the purchase price is determined as follows: 1 the taxpayer in accordance with the law or the State Council approved the establishment of the stock exchange of the other stock exchanges to buy the stock, to the actual purchase price is the purchase price. Listing 2 the taxpayer acquired before the stock shares in the company, to the company after the approval of initial public offering of stock issue price of the purchase price. The purchase price deduction vouchers for shares in the company IPO prospectus.
Zhejiang Province Local Taxation Bureau issued "on clarifying issues concerning the business tax of stock transfer payment of the purchase price" (notice of the Local Taxation Bureau of Zhejiang Province announced in 2013 fifteenth), clear transfer of shares to pay business tax on the purchase price related issues notice as follows: 1 the taxpayers in a lawfully established stock exchange or the State Council approved the purchase of other stock exchange stock in the actual purchase price, bid price shall not include the purchase, payment of fees and taxes in the process of stock. Listing 2 the taxpayer acquired before the stock shares in the company, to the company after the approval of initial public offering of stock issue price of the purchase price. The purchase price deduction vouchers for shares in the company IPO prospectus.
The Xiamen Municipal Local Taxation Bureau issued the "Xiamen City balance taxation of business tax (2013)" measures for the administration of the Xiamen Municipal Local Taxation Bureau Bulletin (2013) No. 3 have also made similar provisions.
Some tax authorities through the case reply way, clear the transfer limit the sale of shares to levy business tax.
"Approval of the Local Taxation Bureau of Fujian Province on Fujian new continent science and Technology Group Co Ltd and other enterprises transfer limit the sale of shares in the collection of business taxes problem" (Fujian local letter (2013) No. 138) provides that: "the new mainland group and the new continent of biological reduction of registered in the company name to limit the sale of shares, which belongs to the business of behavioral finance goods, according to the" Interim Regulations on business tax of the people's Republic of China "article fifth (four) and the" Interim Regulations on business tax of the people's Republic of China to implement the provisions of the first paragraph of article eighteenth rules ", should according to the transfer of financial commodity levy business tax."
Local Taxation Bureau of Hainan Province, through Hainan Yedao (Group) Limited by Share Ltd transfer limit the sale of shares of the case, show Hainan to limit the sale of shares transfer levy business tax.
The reporter understands, Hunan Province Changsha Municipal Local Taxation Bureau to limit the sale of shares transfer to pay sales tax to carry out cleaning work, as of December 31, 2013, the city's total clean-up limit the sale of shares in 301 enterprises, the search business tax 178050000 yuan, 102860000 yuan has been put in storage business tax.
The second approach is the business tax on the income, do not pay no matter, the responsibility belongs to the enterprise. This is an individual practice of tax authorities.
Zhou Changwei think, reason for the emergence of these two approaches, the root is the tax policy of the crash, the national level and no clearly defined. Because the limited sale of shares to buy links or equity, is not a financial commodity, sell link is stock, which belongs to the financial products. According to "the Ministry of finance, the State Administration of Taxation on equity transfer notice about business tax problem" (fiscal 2002) (No. 191) regulations, business tax shall be levied on the transfer of shares. But in accordance with the provisions of the Interim Regulations on business tax and conditions for enterprises, reduction of limit the sale of shares shall be transferred financial commodity levy business tax.
Beijing Daxin and tax business firms director Du Yalan think, from the Interim Regulations on business tax and detailed analysis, taxpayers engaged in the foreign exchange, securities, futures and other financial commodity trading business, have to pay business tax. The stock belonging to the negotiable securities, the transaction needs in two levels of markets, namely the need to have the stock buying and selling behavior. Limit the sale of shares is stock, just listing the circulation time by the policy restrictions.
Take the Hainan Coconut Island case, in "an optoelectronic" before the listing, if Hainan Yedao (Group) Limited by Share Ltd transfer held "an optoelectronic" stake in the company, shall apply the provisions of tax (2002) Document No. 191, "no business tax is levied on the transfer of equity". In "an optoelectronic" after the listing, Hainan Yedao (Group) Limited by Share Ltd
