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Q&A on Stamp Duty

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Q:
Can Small-scale VAT taxpayers who have enjoyed the preferential policy on stamp duty reduction can enjoy other preferential policies as well?
A:
Notice on Implementation of Inclusive Tax Relief Policies for Small and Micro-scale Businesses [No.13 2019] by Ministry of Finance (MoF) and State Taxation Administration (STA) stipulates, that small-scale VAT taxpayers can superimposed enjoy the preferential policies in Article 3 of the notice, when they already enjoy the preferential policies on resource tax, urban construction tax, real estate tax, urban and rural land use tax, stamp duty, farmland occupation tax, surcharge for education and local education in accordance with law. Therefore, small-scale VAT taxpayers can superimposed enjoy other preferential policies with stamp duty reduction.

Q:
Whether stamp duty can enjoy preferential policies for local tax and surcharge reduction?
A:
If individual transfers non-listed company equity, they should pay stamp duty according to the Transfer of Property Rights and can enjoy preferential tax reduction policies. Stamp duty paid for listed company equity transferred is classified as security transaction stamp, which is without the scope of reduction in accordance with the notice No.13 2019.

Q:
If general taxpayers re-register to small-scale taxpayers, from when can they enjoy local tax reduction policies for small-scale taxpayers?
A:
According to Notice on Collection and Administration on Local Tax and Additional Tax Reduction Policies for Small-scale VAT Taxpayers by STA, [No.5 2019], taxpayers can enjoy the tax reduction policies from the month they re-register to small-scale taxpayers for urban construction tax, real estate tax, urban and rural land use tax, stamp duty and other relevant taxes.

Q:
Does VAT included or excluded when calculate stamp duty?
A: In accordance with provisions of stamp duty ordinance, the tax basis for stamp duty shall be determined by contract amount. The tax basis for stamp duty is VAT excluded if contract amount is stated separately with VAT. Otherwise, VAT included.

Q:
What are the preferential policies for stamp duty on capital accounts?
A: According to Notice on Reduction and Exemption of Stamp duty for Capital Account by MoF and STA [No.50 23018], as of 1st May 2018, stamp duty is 50% reduced for capital accounts if it based on 0.05% to calculate and is 100% exempted for other accounts if it is calculated as 5 RMB per piece.

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