Tax Skills: More Than One Year Of Unpaid Employees' Loans Should Be Paid Tax.

Zhang San, an employee of Shanghai lucky company limited, bought 200 thousand yuan from the company in April 1, 2014, and agreed to return the loan before March 20, 2015.

In January 20, 2016, the competent tax authorities found that the company had not yet taken back three of the loan and thought that the company should withhold three personal income tax. Is the tax authority's opinion correct?

The Ministry of Finance and the State Administration of Taxation on regulating the collection and administration of individual investors' personal income tax (fiscal 2003 [158]) stipulates that: during the tax year, individual investors borrow money from their investment enterprises (except individual proprietorship enterprises and partnership enterprises), and do not return them after the end of the tax year, and are not used for the production and operation of enterprises. The loans that are not returned can be regarded as the dividends distribution of individual investors, and the personal income tax is calculated according to the items of interest, dividends and bonuses.

The Circular of the State Administration of Taxation on Issuing the "Regulations on the administration of personal income tax" (No. 2005 of national tax [120]) stipulates that individual investors of individual proprietorship enterprises and partnership enterprises borrow money from their investment enterprises, and levy taxes on loans borrowed for more than one year and not used for production and operation of enterprises in strict accordance with relevant regulations.

The reply issued by the Ministry of Finance and the State Administration of Taxation on the issue of personal income tax for individual purchase of houses or other properties by the State Administration of Taxation (fiscal 2008 [83]) stipulates that investors, investors, family members or other personnel of enterprises shall borrow money from enterprises to purchase housing estates and other properties, and register their ownership as investors, investors, family members or other personnel of the enterprise, and if the loan is not returned after the end of the year, it shall be taxed according to law.

The above income obtained from the individual investor or family member of a sole proprietorship enterprise or partnership shall be regarded as the profit distribution of the enterprise to individual investors, and the personal income tax shall be levied according to the item of "production and operation income of individual industrial and commercial households"; the above income obtained from the individual investors or family members of other enterprises outside the enterprise shall be regarded as the bonus distribution to individual investors, and the personal income tax shall be levied according to the item "interest, dividends and bonus"; the income obtained by other personnel of the enterprise shall be paid according to the "wages".

Individual income tax is calculated.

According to the above provisions, the handling of personal income tax on natural persons borrowing from enterprises has been made clear:

First, we defined the scope of taxpayers.

That is, the individual investor or individual member of a sole proprietorship enterprise or a partnership enterprise shall borrow three kinds of loans from the invested enterprise, the individual investor or the family member of the other enterprise to the invested enterprise and the employee of the enterprise to the enterprise.

Special attention should be paid to the taxation of the employees' loans to the employed and employed enterprises, which is also limited to borrowing for the purchase of houses and other properties, and the registration of ownership as individuals and the repayment of loans after the end of the borrowing period.

Two, it is clear that individual income tax should be levied.

Attribution.

According to different types of enterprises and different borrowers, individual income tax is calculated according to "income from production and operation of individual industrial and commercial households", "income from interest, dividends, bonuses" and "income from wages and salaries".

The three is a clear definition of the time of tax liability.

That is, the individual investor or the family member of a sole proprietorship enterprise or a partnership enterprise has a loan term of more than one year; he shall borrow money from other investors, family members or other personnel of the enterprise to repay the loan after the "end of the year".

The four is to stipulate the precondition for levying loan behavior.

That is, the loan item is not used for the production and business operation of the enterprise.

As far as this case is concerned, Chang three has been working with Shanghai lucky company for more than one year, and has been used for the purchase of housing. It is not used for the production and operation of the company. Shanghai lucky Company Limited should be charged according to the item "wages and salaries".

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The competent tax authorities may instruct the Shanghai lucky company to withhold personal income tax according to law. If Shanghai lucky company refuses to perform the withholding obligation, it may impose a fine of fifty percent times or more than three times that the withholding agent shall not deduct or receivables not collect taxes in accordance with the sixty-nine provision of the People's Republic of China Tax Collection Administration Act (2001 Revision) (2001 No. forty-ninth of the chairman's decree).

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