The method of approving the tax on the transfer of equity

(Reporter Hu Hongwei) The imposition of a levy on a difficult regulated equity transfer, the State administration of taxation yesterday again issued a notice that the transfer of natural persons to invest in the enterprise equity gains, should be calculated according to fair trade prices and determine the basis for tax, the tax basis is obviously low and no justifiable reasons, the tax authorities can be authorized to levy. At the time of approval, according to the relevant provisions of the Chinese tax law, the assets of the natural person shareholders shall be taxed on the item of property transfer and the tax rate is 20%.　　To strengthen the collection and management, plug management loopholes, the State administration of taxation last May issued a relevant notice, clear tax authorities should strengthen the transfer of equity Deji tax basis for the assessment and audit, the declaration of the basis of the tax is obviously low (such as parity and low price transfer, etc.) and can not be authorized to justify the levy. Yesterday, after reiterating this principle, the State administration of taxation clarified several manifestations of the tax basis obviously low, such as the equity transfer price is lower than the corresponding net assets share, the transfer price is lower than the initial investment cost or lower than the acquisition of the equity payment of the price and related taxes.　　The IRS notice also identified a number of cases of "justifiable reasons", such as investment enterprises for three consecutive years (including three years) of losses, and equity transfer to spouses, parents, children and other relatives.　　As the core content of this notice, the IRS has clarified several methods of authorized levy, including reference to net assets per share or the proportion of equity owned by taxpayers corresponding to the share of net assets, reference to the same or similar conditions in the same industry, such as the transfer price of the shares of enterprises. Experts say it can solve the "yin and yang contract," said Zhang Bin, director of the Institute of Finance and Trade of the Chinese Academy of Social Sciences, the equity transfer tax levy is difficult in two aspects: one is that the transfer of information is more difficult, the two sides privately traded to the business sector change registration, and this process　　It is reported that, in view of this, the State administration of taxation in order to prevent tax evasion, last year, made clear that the transfer of individuals to complete the transaction, the assignor or the transferee must first to the tax authorities to pay a tax and obtain payment certificates, to the business sector to handle the change procedures. Zhang Bin said that the second difficulty is similar to the real estate transaction tax, that is, the two sides privately negotiated down the price of the tax, the actual price is much higher than the "yin and yang contract" issue, so the state administration of taxation this notice clear, in such a depressed situation, the tax department how to approve normal transaction prices.　　Although these aspects are difficult, they can be solved technically.　　As for the specific approved method, Zhang Bin said that the reference to the same or similar enterprises is difficult, because it is difficult to find similar and business similar to the transfer of enterprises, the transfer price should be at least not less than the share of net assets. Many of the "one-dollar transfer of equity" news is a concern, but also the local tax authorities to recover the transfer of tax.　　Jiangsu Taixing has a "1 U.S. dollar transfer of 70.62% of the equity" incident, after the tax authorities in accordance with the approved method, to recover 4.7774 million yuan tax. Track Equity transfer guarantee authenticity in order to solve the information problem, the general administration of taxation yesterday clarified that all levels of tax machineTo strengthen the management of the dynamic tax source of the transfer of equity, through setting up electronic accounts, tracking the transaction price and the tax situation of the transfer of equity, ensuring the authenticity of the transfer income and cost of all links in the stock Exchange chain. Yesterday issued a notice, its display dated December 14, the general administration of taxation said that the announcement from the date of the release of 30th after the implementation.