1. Scope of non-profit organizations.
A non-profit organization is an organization that serves social welfare or the interests of a specific group and is not for profit. In China, the scope of non-profit organizations is quite broad, covering many fields and types.
First of all, from the perspective of legal form, non-profit organizations mainly include social organizations, private non-enterprise units, and associations. Among them, social organizations are non-profit social organizations voluntarily formed by citizens, such as various societies, associations, federations, research societies, etc., to realize the common wishes of members. Private non-enterprise units refer to social organizations such as enterprises, public institutions, social groups, and individual citizens that use non-state-owned assets to engage in non-profit social service activities, such as private schools, private hospitals, and private welfare institutions. ** Donations from natural or legal persons or other persons.
Secondly, from the perspective of activities, non-profit organizations are involved in education, science and technology, culture, health, sports, environmental protection, social welfare and other fields. For example, non-profit organizations in the field of education may include various schools, educational institutions, educational associations, etc.; Non-profit organizations in the field of science and technology may include scientific research institutions, science and technology associations, scientific and technological innovation associations, etc.; Non-profit organizations in the cultural sector may include libraries, museums, art groups, etc.; Non-profit organizations in the health sector may include hospitals, clinics, health and epidemic prevention agencies, etc.
In addition, there are some special types of non-profit organizations, such as places of worship, religious institutions, and other non-profit organizations recognized by the Ministry of Finance and the State Administration of Taxation. These organizations play an important role in religion, cultural heritage, and social welfare.
It is important to note that although non-profit organizations are not made to make a profit, they still need to generate revenue to support their operations and activities. These revenues typically come from membership fees, donations, subsidies, and other sources. At the same time, in order to ensure that its funds are used for the development of public welfare, the income and expenditure of non-profit organizations are strictly regulated and restricted.
2. Analysis of the business characteristics of non-profit organizations and the types of taxes of non-profit organizations.
In China, non-profit organizations play an important role in social welfare, education, environmental protection, scientific research, culture and art. Key business characteristics of a nonprofit include:
1.Non-profit.
This is the most striking feature of a non-profit organization. They do not pursue economic gain, but use the surplus for the further development of the organization or the expansion of the range of services.
2.Public welfare.
The goal of non-profit organizations is to serve the public interest of society, and the services or products they provide are often of social benefit.
3.Voluntary.
Nonprofit workers often work out of love for social causes, and many of them are volunteers who do not seek monetary returns.
4.Diversity.
Non-profit organizations have a wide range of activities, including education, medical care, environmental protection, human rights, arts, and more.
5.Independence.
Legally and financially, non-profit organizations are generally independent, they are not controlled by ** or businesses and can operate independently.
Although non-profit organizations are not for profit, in practice, they may still be involved in various tax issues, including:
1.Vat.
Non-profit organizations are required to pay VAT when raising taxes** on services, on the sale of goods, or on the importation of goods. However, depending on the policy, some pro bono services provided by non-profit organizations may be tax-free or deductible.
2.Corporate income tax.
While non-profit organizations are not made for profit, they are subject to corporate income tax if their business activities generate income and those incomes fall within the scope of corporate income tax. However, corporate income tax for non-profit organizations usually has certain preferential policies.
3.Real estate tax and urban land use tax.
When a nonprofit owns real estate or land, they are required to pay real estate taxes and urban land use taxes. However, real estate and land used for public welfare causes, such as schools and hospitals, are tax-exempt.
4.Stamp duty.
Non-profit organizations are required to pay stamp duty when entering into economic contracts, setting up books of accounts, and other economic activities. Stamp duty is relatively small, but it still has some impact on the financial costs of non-profit organizations.
5.Other taxes.
Depending on the specific business activities and regional policies of the non-profit organization, other taxes may also be involved, such as urban maintenance and construction tax, education fee surcharge, local education fee surcharge, etc.
It is important to note that the tax treatment of non-profit organizations has certain complexities and peculiarities. In practice, non-profit organizations should fully understand the relevant tax policies and reasonably plan tax planning to reduce tax costs and improve operational efficiency. At the same time, it is recommended that non-profit organizations regularly communicate with professional financial and tax advisors or tax authorities to ensure the compliance and accuracy of tax treatment.
3. Tax incentives for non-profit organizations.
In China, non-profit organizations enjoy certain preferential tax policies, which aim to encourage and support the development of non-profit organizations and promote their greater contributions to social welfare.
First, qualified non-profit organizations can enjoy preferential treatment that is exempt from corporate income tax. Specifically, the following income earned by a nonprofit organization is tax-exempt:
1.income from donations from other units or individuals;
2.In addition to the financial appropriation stipulated in Article 7 of the Enterprise Income Tax Law of the People's Republic of China, other subsidy income does not include income from the purchase of services;
3.Membership dues collected in accordance with the regulations of the civil affairs and finance departments at or above the provincial level;
4.interest income on bank deposits arising from tax-free income and tax-exempt income;
5.Other income stipulated by the Ministry of Finance and the State Administration of Taxation.
Please note, however, that these tax-exempt income does not include income from profit-making activities of non-profit organizations, but there are exceptions, such as as otherwise provided by the fiscal and tax authorities.
Secondly, there are also certain preferential tax policies for real estate and land used by non-profit organizations. For example, real estate and land used by non-profit medical institutions, disease control institutions, and maternal and child health institutions are exempt from real estate tax and urban land use tax; Where the income obtained by for-profit medical institutions is directly used to improve medical and health conditions, it shall be exempted from real estate tax and urban land use tax for three years from the date of obtaining practice registration. **Real estate and land for the self-use of departments, enterprises and institutions, individual investment benefits, and non-profit elderly service institutions are also exempt from real estate tax and urban land use tax.
In addition, non-profit organizations have tax exemptions for the use of vehicles and ships. For example, vehicles and ships for the self-use of state organs, people's organizations, and the military, as well as vehicles and ships for the self-use of institutions allocated by state financial departments, are exempt from tax. At the same time, special vehicles and ships such as epidemic prevention vehicles, ambulances, and ships, as well as vehicles and ships for the self-use of health institutions such as non-profit medical institutions, disease control institutions, and maternal and child health care institutions, are also exempt from tax. Where the income obtained by for-profit medical institutions is directly used to improve medical and health conditions, vehicles and ships for self-use may also be exempt from tax for three years from the date of obtaining practice registration. **Welfare invested by departments, enterprises, public institutions, individuals, and vehicles and ships used by non-profit elderly service organizations are also exempt from tax.
Finally, it should be pointed out that non-profit organizations also need to comply with relevant laws, regulations and regulations while enjoying preferential tax policies. For example, non-profit organizations are required to register and file tax returns in accordance with the law, and are subject to supervision and inspection by tax authorities. At the same time, non-profit organizations are also required to use and manage their tax-exempt income in accordance with relevant regulations to ensure that it is used for the development of public welfare.
IV. Matters needing attention for the determination of non-profit organizations' tax-exempt qualifications.
1) Application conditions.
Enterprise income tax payers who apply for tax exemption qualifications for non-profit organizations shall meet the following conditions at the same time:
1) Other non-profit organizations established or registered by public institutions, social groups, associations, social service organizations, religious activity sites, religious schools, the Ministry of Finance, and the State Administration of Taxation in accordance with relevant state laws and regulations;
2) Engaging in public interest or non-profit activities;
3) The income obtained, except for reasonable expenses related to the organization, shall be used for the registration and approval of public welfare or non-profit undertakings or the provisions of the articles of association;
4) property and its fruits are not used for distribution, but do not include reasonable wages and salaries;
5) The remaining assets after the deregistration of the organization are to be used for public interest or non-profit purposes in accordance with the provisions of the registration approval or charter, or the registration management organs shall transfer them to an organization with the same nature and purpose as the organization, and make an announcement to the public;
6) The investor does not retain or enjoy the property rights of the investment organization. The term "investor" as used in this paragraph refers to legal persons, natural persons and other organizations other than the people** at all levels and their departments;
7) The salary and welfare expenses of the staff shall be controlled within the prescribed proportion, and the organizational property shall not be distributed in disguise, wherein: the average salary level of the staff shall not exceed twice the average salary level of the same industry of the same organization above the city where the tax registration is located (including the prefecture city), and the staff welfare shall be implemented in accordance with the relevant provisions of the state;
8) The taxable income and its related costs, expenses and losses shall be accounted for separately from the tax-exempt income and its related costs, expenses and losses.
2) Application time.
The tax-free and preferential status of non-profit organizations is an important fiscal and tax policy, which is of positive significance for supporting the development of social welfare. According to the regulations, eligibility needs to be determined annually in principle to ensure the compliance and sustainable development of non-profit organizations. Once approved, the organization will receive a five-year tax exemption period, which is undoubtedly an affirmation and support for its commitment to social welfare.
However, please note that tax-free status is not permanent. After the expiration of the five-year validity period, if the non-profit organization fails to apply for a review within the prescribed time limit, or the results of the review do not meet the relevant standards, the tax-exempt status will automatically become invalid. This will have a direct impact on the organization's financial position and business plan, so it is important to prepare and submit a review request in a timely manner.
In addition, in order to maintain the continuity of tax-free preferential status, non-profit organizations are required to submit the required materials to the competent tax authorities between January 1 and March 31 of each year. It is important that you adhere to this timeline and ensure the accuracy and completeness of your submissions. This will help the organization to successfully pass the review of the tax authorities and continue to enjoy the preferential tax exemption policies.
3) Information to be submitted.
1) Application report;
2) The charters of public institutions, social groups, associations, and social service organizations, or the management systems for religious activity sites and religious schools;
3) A copy of the non-profit organization's registration certificate;
4) Details of the previous year's funds** and use, public welfare activities and non-profit activities;
5) Special report on wages and salaries in the previous year, including the wage system, the overall average salary level of employees, the proportion of wages and benefits in total expenditure, and the salary and salary information of important employees (including at least the top 10 employees in terms of wages and salaries);
6) Financial statements and audit reports of the previous year certified by qualified intermediaries;
7) Materials on public institutions, social groups, associations, social service organizations, religious activity sites, and religious schools that comply with relevant laws, regulations, and national policies in the previous year's career development or non-profit activities issued by the registration management organs;
8) Other materials required by the financial and taxation authorities.
Newly established or registered non-profit organizations shall provide the materials provided for in items (1)-(3) and the application materials provided for in items (4) and (5), and must not provide the materials provided for in items (6) and (7) of this article.
5. Common tax-related misunderstandings of non-profit organizations.
Myth 1: Belief that non-profit organizations do not need to go through tax registration and tax returns.
Some nonprofits don't think they're here for profit, so they don't need to go through tax registration and tax returns like businesses. This is a common misconception. In fact, according to relevant laws and regulations, non-profit organizations are still required to go through tax registration and file tax returns on time after obtaining the relevant qualifications. This is because although a non-profit organization is not for profit, it may still generate taxable income such as income from donations, income from membership dues, etc.
Myth 2: Equate tax-exempt income with all income.
Some nonprofits mistakenly believe that once they have tax-exempt status, all of their income is tax-deductible. However, in fact, tax-exempt income is usually only for specific income items of non-profit organizations, such as endowment income, subsidy income, etc. The income obtained by non-profit organizations from profit-making activities, such as the sale of goods and the provision of services, is still subject to tax in accordance with the law. As a result, nonprofits need to make a clear distinction between tax-exempt income and taxable income to ensure proper tax filings.
Myth 3: Ignoring tax compliance requirements.
In the course of operation, non-profit organizations often pay more attention to their public welfare mission and business activities, and ignore the requirements of tax compliance. This can lead to non-profit organizations failing to meet their tax obligations in a timely manner and failing to use tax incentives as required, resulting in tax risks. Therefore, non-profit organizations should establish a sound tax management system, ensure the compliance of tax treatment, and conduct regular tax self-inspections and external audits.
Misconception 4: Misuse of preferential tax policies.
In order to encourage the development of non-profit organizations, China has formulated a series of preferential tax policies. However, some non-profit organizations have mispractices when using these preferential policies, such as declaring non-conforming income as tax-exempt income, abusing the donation deduction policy, etc. These wrong practices can lead to tax penalties and loss of credibility for nonprofits. Therefore, non-profit organizations should fully understand and correctly use the preferential tax policies to avoid illegal operations.
6. Tax-related risk control of non-profit organizations.
Non-profit organizations face various tax-related risks in the course of operation, which may be due to incomprehension of tax policies, improper operation, or internal management deficiencies. In order to ensure the stable operation of non-profit organizations and avoid tax problems, effective tax risk control measures must be taken.
1) Improve the internal tax system.
First of all, non-profit organizations should establish and improve internal tax management systems, including clarifying tax management responsibilities, standardizing tax operation processes, and establishing tax file management systems. These systems can ensure that non-profit organizations have clear guidance and basis for tax treatment, reducing the occurrence of operational errors and violations.
2) Strengthen the study and training of tax policies.
Non-profit organizations shall regularly organize financial personnel and relevant responsible persons to participate in the study and training of tax policies, and keep abreast of and grasp the latest tax policies and regulations. By improving tax knowledge, nonprofits can better handle tax issues and avoid the risks that arise from not understanding the policy.
3) Establish a tax risk assessment mechanism.
Non-profit organizations should establish a tax risk assessment mechanism to regularly assess and analyze their own tax status. By identifying potential tax risk points, non-profit organizations can take timely measures to prevent and respond to them, reducing the likelihood of risk occurring.
4) Strengthen the management of invoices and vouchers.
Non-profit organizations involve a large number of invoices and vouchers in the course of operation, which is an important basis for tax treatment. Therefore, non-profit organizations should strengthen the management of invoices and vouchers to ensure the authenticity, legitimacy and integrity of the bills. At the same time, establish a strict bill audit system to prevent the use of false invoices and illegal vouchers.
5) Rational use of preferential tax policies.
Non-profit organizations can enjoy certain tax incentives if they qualify. However, the conditions and restrictions on the application of these policies are often more complex. Therefore, non-profit organizations should exercise caution when using tax incentives to ensure that they comply with the policy requirements. At the same time, it is necessary to pay attention to policy changes and adjust their tax strategies in a timely manner.
6) Seek professional tax advice.
Faced with complex tax issues, non-profit organizations should actively seek the help of professional financial and tax advisors. Professional financial and tax consultants have rich tax knowledge and experience, and can provide accurate tax guidance and advice to non-profit organizations to help them avoid tax risks.