Is the tax on the hottest construction machinery l

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Is the tax on construction machinery leasing reasonable

Guide: in recent years, with the rapid development of China's economic construction, the leasing of construction machinery and equipment has also developed. The rental of construction machinery is generally collected by means of rental services. The purchase of equipment is decided by the lessor, and fixed assets are listed under the lessor's name. According to China's industry classification (national standard: gb/t...

in recent years, with the rapid development of China's economic construction, the leasing of construction machinery and equipment has also developed. The leasing of construction machinery generally adopts the way of leasing services to collect rent, the purchase of equipment is decided by the lessor, and fixed assets are listed under the lessor's name. According to China's industry classification (national standard: gb/t), It is listed in k-door 970: xp-p - the maximum peak to peak displacement (mmp-p) 0 category - social service industry, rental service industry (including the provision of mechanical and electronic equipment, transportation, office supplies, household goods, cultural and sports goods and other rental activities.) Therefore, it is confused with the leasing of living materials such as cars and household goods. The national tax department also levies taxes on construction machinery leasing companies according to this classification. That is, the business tax is levied at 5% of the rental income of the leasing company

if the leasing of construction machinery and equipment has not developed, and if the financial leasing has not developed to the stage of operating leasing, this problem is not obvious. However, things are just the opposite, so it appears: all are leases, and the same rental fee is charged. Just because a "business" is added to the front, the tax will be very different. What is the reason? This is why the latter belongs to the category of financial leasing, so the tax base of business tax collection is based on 5% of the interest margin (see the notice on several policy issues of business tax (CS Zi [2003] No. 16) and the notes on business tax items (Guo Shui Fa [1993] No. 149) which are actually completed by universal experimental machines). How much difference can there be? See data analysis

for example, the cost of a construction machinery and equipment is 1million. If it is operated by a financial leasing company, the interest of financial leasing is 7.56%, and the interest margin is 2%. The depreciation of equipment is 10 years, the lease term is 1 year, the rent is repaid once a month, and 90% of the residual value (900000) of the equipment is returned to the lessor after the end of the lease

as the residual value far exceeds the judgment standard of accounting standards for business enterprises - lease of 10%, this lease business belongs to operating lease. Fixed assets are included in the lessor's name and depreciated by the lessor. As for whether the maintenance is the responsibility of the lessor or the lessee, because it has nothing to do with calculation, it is ignored here

cost 1000000.00 interest rate (%/year) 7.56% total rent 172182.14

residual value 900000.00 principal receivable 100000.00

lease term (year) 1 number of annual repayments 12 interest receivable 72182.14

project payment date rent interest recovery cost of each period unrecovered cost

starting date July 5, 2003 1000000.00

phase 1 August 5, 2003 14348.516300.008048.51991951.49

phase 2 September 5, 2003 14348.516249.298099.22983852.27

phase 3 October 5, 2003 14348.516198.278150.2497 5702.03

issue 4 November 5, 2003 14348.516146.928,20 1.59967500.44

issue 5 December 2003 14348.516095.258253.26959247.18

issue 6 January 5 2004 14348.516043.268305.25950941.92

Issue 7 February 5 2004 14348.515990.938357.58942584.35

Issue 8 March 5 2004 14348.515938.288410.2393 4174.12

Issue 9 April 5, 2004 14348.515885.308463.22925710.90

issue 10 May 2004 June 5, 2004 14348.515831.988516.53917194.37

issue 11 June 5, 2004 14348.515778.328570.19908624.18

issue 12 July 5, 2004 14348.515724.338624.18900000.00

using the general quota annuity method, the rent calculated according to the operating lease, the total rent is 172182.14, the total interest is 72182.14, the interest margin income is 19095.80, and the tax is 954.79

if it is operated by a rental service company, it also charges 14348.51 rent per month. The rent collected for 12 months is 172182.14, which requires tax payment of 8609.11. Compared with financial leasing companies, the tax difference is more than 8 times. The "interest" income is only 72182.14, which is lower than the tax. In this way, the leasing company does not earn money with the capital. Therefore, rental companies that rent services must increase rental charges in order to maintain revenue parity with operating leases, including filled and reinforced unfilled materials and hard thermoplastic plates. That is, if the rental service company wants to get the same net rent as the financial leasing company 171227.35= rent tax, the leasing company must increase the rent to 180239.32= net rent/(1-tax rate), increasing the burden of the lessee by 4.7%

the above reasons are due to the different tax systems in China on the one hand, and the different regulatory systems in China on the other hand. The operation of rental services does not need pre-approval, but can be handled directly in the Administration for Industry and commerce. Financial leasing companies have a high threshold of access, and they need to go to the Ministry of Commerce or the banking regulatory bureau for pre-approval before they can register with the administrative department for Industry and commerce. Generally, construction machinery leasing is not willing, and there is no need to invest a huge amount in financing leasing companies

how to solve this gap? On the one hand, enterprises can partly reflect this unreasonable situation to the government through industry organizations and strive for policy unification. On the other hand, before obtaining the qualification of financial leasing operation, the rent can be reduced by means of entrusted leasing through the financial leasing company. Construction machinery and equipment leasing is generally manufacturer leasing. In terms of risk control, financial leasing companies do not have many advantages. Therefore, in terms of construction machinery leasing, leasing service companies and financial leasing companies have great prospects for cooperation. (author: shaquan)

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