In our daily life, few people may pay attention to the term stamp duty, but in fact, stamp duty is a tax that we will encounter in some contracts and bills, property transfers and other transactions or documents. So, how much do you know about stamp duty? Here are some answers to some frequently asked questions about stamp duty to help you better understand this tax system.
1. What is stamp duty?
Stamp duty is a tax levied by the state on certain transactions or documents. It is a proof that the tax obligation has been fulfilled by affixing a revenue stamp or stamping a stamp stamp. The legislative basis of China's stamp duty is the Provisional Regulations of the People's Republic of China on Stamp Duty, and the main purpose is to strengthen the supervision and management of economic activities through taxation.
2. Scope of collection and tax rate
Stamp duty is levied on a wide range of areas, including but not limited to the following:
Economic contracts
Such as purchase and sale contracts, processing contracts, property lease contracts, etc.
Documents for the transfer of title
Including land use right transfer contract, house sale contract, etc.
Rights license license
Such as trademark registration certificate, patent certificate, land use certificate, etc.
Business books
General ledger books and other business books of capital set up by the enterprise.
In terms of tax rate, stamp duty is a combination of proportional tax rate and fixed tax rate. For example, the purchase and sale contract is decaled at 0.3‰ of the contract amount, and the right license is decaled by piece, at 5 yuan per piece.
3. Reduction and exemption policies
In order to reduce the burden on enterprises and promote economic development, the mainland has implemented stamp duty reduction and exemption policies for some situations.
These include:
(1) Stamp duty is exempted on loan contracts signed by small and micro enterprises.
(2) Stamp duty is exempted on specific contracts such as interest-free or subsidized loan contracts, and lease contracts for college student apartments signed with college students.
(3) For technology contracts, only the part of the technology transfer contract is taxed, and qualified technology contracts can enjoy tax incentives.
4. Frequently Asked Questions
(1) Do I have to pay stamp duty when I sign a contract with a self-employed person?
Answer: There is no need to pay stamp duty, especially for movable property sales contracts, since individual industrial and commercial households are included in the scope of "individuals", according to the "Stamp Duty Law" and relevant regulations, movable property sales contracts written by individuals do not need to pay stamp duty. However, it should be noted that for other types of contracts, such as contract of engagement, individual businesses may be required to pay stamp duty in accordance with the regulations.
(2) What should I do if I forget to apply a decal or a missing sticker?
Answer: If the revenue stamp is not affixed or less affixed within the time limit, the tax shall be paid back and a late fee shall be charged on a daily basis. Taxpayers should make corrections in a timely manner and explain the situation to the tax authorities.
(3) Do electronic contracts need to pay stamp duty?
Answer: According to the current regulations, all kinds of taxable certificates signed in electronic form also fall within the scope of stamp duty, and stamp duty should be paid according to the regulations.
(4) How to pay stamp duty?
Answer: Taxpayers can choose to pay by themselves by decal (purchase and paste revenue stamps), remittance stickers or remittances. With the development of the electronic tax bureau, some areas have opened the online declaration and payment function, which is more convenient and efficient.
To sum up, I believe you have a clearer understanding of stamp duty. As an important tax system, stamp duty plays an important role in promoting economic development and maintaining tax order. As taxpayers, we should understand the relevant tax policies and regulations, abide by laws and regulations, fulfill the tax obligations of stamp duty in accordance with laws and regulations, and contribute to the country's tax cause.
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