Recently, some fans and friends have consulted about the tax-related matters related to shareholder dividends at the end of the year, and today we will share with you the tax-related matters related to shareholder dividends and how to declare the dividend tax.
Shareholder dividends need to be distinguished between corporate shareholders (corporate shareholders generally refer to corporate shareholders) and individual shareholders.
1. Corporate shareholders
In accordance with Article 26 of the Enterprise Income Tax Law.
The second stipulates that dividends, bonuses and other equity investment income between qualified resident enterprises are tax-exempt income.
Article 3 stipulates that dividends, bonuses and other equity investment income obtained by a non-resident enterprise that has established an institution or place within the territory of China from a resident enterprise that is actually connected with the institution or place are also tax-exempt income.
After the enterprise pays the enterprise income tax in accordance with the regulations, the corporate shareholders are exempt from the enterprise income tax when they receive dividends.
2. Individual shareholders
According to Article 3 of the Individual Income Tax Law of the People's Republic of China, the income from interest, dividends and bonuses shall be subject to individual income tax, and the proportional tax rate shall be applied, and the tax rate shall be 20%.
Special provisions: 1. Article 1 of Cai Shui [2015] No. 101 stipulates that if an individual obtains a listed company from the public offering and transfer market and holds shares for more than 1 year, the dividend income is temporarily exempt from individual income tax.
If an individual obtains a listed company** from the public offering and transfer market, and the holding period is less than 1 month (including 1 month), the dividend income shall be fully included in the taxable income;If the holding period is more than 1 month to 1 year (including 1 year), 50% of the shareholding period shall be included in the taxable incomeThe above-mentioned income is subject to individual income tax at a uniform rate of 20%.
2. Article 2 of Cai Shui Zi [1994] No. 20 stipulates that dividends and bonuses obtained by foreign individuals from foreign-invested enterprises. Individual income tax is temporarily exempted.
3. Article 1 of the Announcement No. 78 of 2019 of the CSRC of the State Administration of Taxation of the Ministry of Finance stipulates that if an individual holds the ** of a listed company and holds the shares for more than 1 year, the individual income tax on dividends and dividends shall be temporarily exempted.
If an individual holds the ** of a listed company and holds the shares for less than 1 month (including 1 month), the full amount of its dividend income shall be included in the taxable income;If the holding period is more than 1 month to 1 year (including 1 year), the dividend income shall be temporarily reduced by 50% and included in the taxable income;The above-mentioned income is subject to individual income tax at a uniform rate of 20%.
The listed company mentioned in this announcement refers to the unlisted public company that is publicly transferred in the national small and medium-sized enterprise share transfer systemThe holding period refers to the holding time from the date when the individual obtains the listed company** to the day before the date of transfer and delivery of the **.
Please refer to the Notice of the State Administration of Taxation on Issues Concerning the Taxation of Income from Interest, Dividends and Bonuses (Guo Shui Han [1997] No. 656).
In this case, when the withholding agent distributes the interest, dividends and bonus income to the individual, it shall be deemed that the payment of the income shall be withheld and paid by the individual in accordance with the provisions of tax laws and regulations. "
The relevant provisions of the Individual Income Tax Law of the People's Republic of China stipulate that the individual income tax shall be calculated on a monthly or per-time basis for the income obtained by taxpayers from interest, dividends and bonuses.
The withholding agent shall pay the tax withheld or withheld on a monthly basis or each time to the state treasury within 15 days of the following month, and submit the withholding individual income tax return to the tax authorities.
Therefore, when an entity pays dividends to individual shareholders, it is deemed that the individual shareholders receive dividends and dividends. The time of each income acquisition is the time when the tax liability occurs, and the payer withholds and pays individual income tax before the 15th of the next month after the payment of income.
In addition, if Hainan's foreign investment exceeds 20% and the local tax burden is not less than 5%, it is also exempt from income tax on shareholder dividends. The above is the content shared today, if you still have questions about the tax-related matters of shareholder dividends, welcome to discuss in the comment area.
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