Key Groups Eligible for Tax Preferences on Entrepreneurship and Employment
○People who have been registered as unemployed for more than half a year in the public ****employment service organizations of the Human Resources and Social Security Department;
○Registered unemployed people within the working age of zero-employment families or families enjoying the Minimum Livelihood Guarantee for Urban Residents;
○People who have been practically implementing the preferential policies on entrepreneurship and employment during the natural year in which they have graduated. Graduates of general colleges of higher education and adult colleges of higher education within the natural year of graduation from the actual implementation of higher education.
Tips: The above three categories of people should also have the Employment and Unemployment Registration Certificate issued by the public **** employment service organization, and the human resources and social security departments in the place of employment and entrepreneurship should indicate on the Employment and Unemployment Registration Certificate the words "Tax Policy for Self-employment" or "Tax Policy for Business Absorption". The human resources and social security department in the place of employment or entrepreneurship will indicate on the Employment and Unemployment Registration Certificate the words "tax policy for self-employment" or "enterprise absorption tax policy".
○ Graduates of colleges and universities who started their own business during their graduation year
Tips: You should have both the Certificate of Independent Entrepreneurship for Graduates of Colleges and Universities issued by the provincial education administration department of the place where your school is located, and the Unemployment and Unemployment Registration Certificate issued on the basis of this certificate.
Calculation of tax exemptions and reductions for eligible persons engaging in self-employment and entrepreneurship
Policy Provisions
1. Holders of Employment and Unemployment Registration Certificates (stating "self-employment and entrepreneurship tax policy" or attached to the "Independent Entrepreneurship Certificate for College Graduates") engaging in self-employment, the tax reduction and exemption will be calculated for three years according to the limit of 8,000 yuan for each household per annum, and then in order. The limit of 8000 yuan per household per year, in order to deduct the actual business tax, urban maintenance and construction tax, education surcharges, local education surcharges and personal income tax payable in that year.
2. If the actual operation period of the taxpayer is less than one year, the taxpayer should convert its tax exemption limit by the actual month according to "Tax exemption limit = annual tax exemption limit ÷ 12 × the actual number of months of operation".
3. If the actual business tax, urban maintenance and construction tax, education surcharge, local education surcharge and personal income tax payable by a taxpayer is less than the tax exemption limit, the actual amount of tax payable shall be the limit; if the actual business tax, urban maintenance and construction tax, education surcharge, local education surcharge and personal income tax payable is greater than the limit of the tax exemption, the tax exemption limit shall be the limit. When deducting the payable taxes and fees, you should pay attention to the order of different taxes and fees and not reverse them.
Case Analysis
Mr. Wang, who is eligible for tax exemption, has been engaged in individual catering business since May 2014 (the people's government of the province where he is located has stipulated that the tax exemption limit is 20% upward to RMB 9,600 yuan), and the tax exemption limit that he can enjoy for the year of 2014 (May-December, ***8 months) is: 9,600 ÷ 12 × 8 = 6,400 (yuan). Its period of enjoying tax exemption is May 2014-April 2017.
Assumption 1: Mr. Wang's business tax, urban maintenance and construction tax, education surcharge, local education surcharge and personal income tax payable for the month above the starting point totaled RMB 6,200 in May-December 2014, and his tax exemption limit in 2014 is limited to RMB 6,200 payable, and all the taxes payable in that year are exempted.
Assumption 2: Mr. Wang in May-December 2014, the month above the starting point should pay business tax 5500 yuan, urban maintenance and construction tax 385 yuan, education surcharge 165 yuan, local education surcharge 110 yuan, personal income tax 2200 yuan, a total of 8360 yuan. The limit of tax deduction it can enjoy in 2014 is 6,400 yuan, and the amount of tax deduction can be deducted in the following order:
Business tax of 5,500 yuan, urban maintenance and construction tax of 385 yuan, education surcharge of 165 yuan, local education surcharge of 110 yuan, individual income tax of 240 yuan, and personal income tax of 1,960 yuan should be paid in that year.
Enterprises and units absorbing the employment of key groups of people in the calculation of tax exemptions and reductions
Policy Provisions
1. Business enterprises, labor and employment service enterprises in the processing enterprises and street communities with processing small business entities, engaged in the current business tax, "service" tax items stipulated in the business activities, service enterprises, private enterprises, and private enterprises, the business of the "service" tax items stipulated in the current business tax, the tax on the "service" tax items. Service enterprises and private non-enterprise units, in the newly added positions, the new recruitment in the year in the public **** employment service institutions registered as unemployed for more than 1 year and hold the "Employment and Unemployment Registration Certificate" (indicating the "tax policy on enterprise absorption"), and its signing of a labor contract for more than 1 year and pay social insurance premiums in accordance with the law, and to obtain If the human resources and social security department at or above the county issues a Certificate of Recognition of Unemployed Personnel Absorbed by Enterprise Entities, business tax, urban maintenance and construction tax, education surcharge, local education surcharge (hereinafter collectively referred to as business tax and surcharge) and enterprise income tax concessions will be deducted in a fixed amount according to the number of people actually recruited over a period of three years. The fixed standard is 4,000 yuan per person per year.
2. Taxpayers enjoy tax incentives from the month following the absorption of unemployed persons, and each unemployed person enjoys tax incentives for a period of up to three years. The taxpayer shall approve the total amount of tax reduction and exemption for the unit according to the number of people absorbed by the unit and the time of signing the labor contract (∑ each unemployed person working in the enterprise in the current year ÷ 12 × fixed amount), and deduct business tax and surcharge within the total amount of tax reduction and exemption every month in sequence.
3. If the actual business tax and surcharge payable by the taxpayer is greater than the total amount of approved tax deduction, the total amount of approved tax deduction shall be the limit.
4. If the actual business tax and surcharges payable by a taxpayer is less than the total amount of approved tax reduction or exemption, the actual business tax and surcharges payable shall be limited to the actual amount of business tax and surcharges payable; at the end of the taxable year, the taxpayer shall deduct the enterprise income tax by the difference in the enterprise income tax remittance. If the current year's deduction is insufficient, it will not be carried forward for deduction in subsequent years.
Case Analysis
A province to determine the tax relief quota standard of 4,000 yuan, the province of a service-oriented enterprises in January-June 2014 to recruit qualified unemployed 20 people, July-December 10 new people, the enterprise in 2014 approved the total amount of tax relief: (20 × 12 + 10 × 6) ÷ 12 × 4,000 = 100,000 (yuan).
Assumption 1: the enterprise should pay business tax of 96,000 yuan, urban maintenance and construction tax of 6,720 yuan, education surcharge of 2,880 yuan, local education surcharge of 1,920 yuan, a total of 107,520 yuan, the company is entitled to the amount of tax exemptions for the year 2014 for the total amount of approved tax exemptions of 100,000 yuan, according to the deduction of business tax of 96,000 yuan, urban maintenance and construction tax of 4,000 yuan; should also be the amount of approved tax exemptions of 100,000 yuan. construction tax of 4,000 yuan; should also pay urban maintenance and construction tax of 2720 yuan, education surcharge of 2880 yuan, local education surcharge of 1920 yuan, the total tax payable 7520 yuan.
Assumption 2: The enterprise should pay business tax and surcharges of RMB 89,600 (business tax of RMB 80,000, urban maintenance and construction tax of RMB 5,600, education surcharge of RMB 2,400, and local education surcharge of RMB 1,600) in 2014, and enterprise income tax of RMB 8,000 at the time of remittance. The company can enjoy the tax deduction in 2014 first to the limit of 89,600 yuan of business tax and surcharges payable, all to be deducted; has been deducted business tax and surcharges of 89,600 yuan and the total amount of 100,000 yuan of approved tax deductions there is a difference of 10,400 yuan, remittance and deduction of 8,000 yuan of enterprise income tax payable; in order to deduct the business tax and surcharges and enterprise income tax payable in 2014 total of 97,600 yuan. After deducting all the business tax and surcharges payable in 2014 and the enterprise income tax totaling 97,600 yuan, there is still a difference of 2,400 yuan that has not been deducted, which cannot be carried over to the next year for further deduction.
Filing with the competent tax authorities
○Taxpayers engaging in self-employment shall file the tax incentives with the competent tax authorities with the Employment and Unemployment Registration Certificate (stating "Self-employment Tax Policies" or attaching the "Self-employment Certificate for College Graduates") and the relevant materials required by the tax authorities in the same month of enjoying the preferential tax policies. The tax authorities will be responsible for the record.
○Enterprises and private non-enterprise units that absorb qualified unemployed persons, holding the "Certificate of Recognition of Unemployed Persons Absorbed by Enterprise Entities" issued by the human resources and social security departments at or above the county level, the "Schedule of Actual Work of Persons Holding Employment and Unemployment Registration Certificates for the Current Year", and other materials required by the tax authorities, will file the record with the competent tax authorities in the same month of the enjoyment of the preferential tax policies.
If there is a change in the number of unemployed persons recruited before the end of the tax year, it shall be filed again in the month following the change in the number of persons in accordance with the provisions of the preceding paragraph.