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Can the loan service be deducted from the input?

no. The input tax shall not be deducted from the output tax according to the following items: purchased passenger transportation services, loan services, catering services, daily services of residents and entertainment services. Therefore, the loan services purchased by ordinary taxpayers shall not be deducted from the output.

legal analysis

the input tax on the purchase of loan services cannot be deducted, but the related expenses should not be deducted. If the expenses paid directly to the lender cannot be deducted, it may happen that the borrower pays the expenses to the third party first, and the third party pays the expenses to the lender. The reasons are: the purchased goods and services are used for items that cannot be deducted from the input tax as stipulated in the tax law (such as collective welfare and tax-free items), so they cannot be deducted; However, some of them are clearly not deductible in the tax law. No matter whether they are used in the above-mentioned projects, such as purchasing catering services, they cannot be deducted in the tax law itself, whether the catering is "related to production and operation" such as inviting customers to eat, employees working overtime to eat, or when corporate executives go home for a reunion dinner during the Spring Festival. According to relevant laws, the purchased loan service shall not be deducted from the output tax, and at the same time, it is stipulated that the input tax shall not be deducted from the output tax for the investment and financing consulting fees, handling fees, consulting fees and other expenses directly related to the loan paid by the taxpayer to the lender by accepting the loan service. Interest expenses and other directly related expenses paid by enterprises need to pay 6% value-added tax after the reform of the camp, and this part of the tax can not be deducted from the input. If the interest rate is high, the repayment amount of the borrower will increase after the loan term, otherwise, it will decrease. There are three factors that determine the loan interest: loan amount, loan term and loan interest rate. The input tax amount of the following items shall not be deducted from the output tax amount: (1) Goods, services, intangible assets and real estate purchased for simple tax calculation items, items exempted from value-added tax, collective welfare or personal consumption; (two) abnormal loss of purchased goods, as well as related labor and transportation services; (3) Goods purchased (excluding fixed assets), labor services and transportation services consumed by products in process and finished products with abnormal losses; (four) other projects stipulated by the State Council.

Legal basis

Article 671 of the Civil Code of the People's Republic of China * * * The interest on a loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual loan amount and the interest shall be calculated.