Involving stamp duty, personal income tax benefits... heavyweight! The Ministry of Finance, State Administration of Taxation, and China Securities Regulatory Commission latest release innovation | Investors | China Securities Regulatory Commission
The capital market is welcoming favorable policies again.
On August 22, the official website of the Ministry of Finance issued six consecutive announcements, stating that the Ministry of Finance, the State Administration of Taxation, the China Securities Regulatory Commission and other departments have optimized and continued a package of tax policies to support innovative enterprises in the domestic issuance of depositary receipts, the commodity futures market, venture capital partners, and the Shanghai Shenzhen Hong Kong Stock Connect.
The relevant tax incentives involve personal income tax, corporate income tax, value-added tax, stamp duty, etc., mainly to continue the policies that have been introduced. In addition, when transferring innovative enterprise CDRs on the Shanghai Stock Exchange and Shenzhen Stock Exchange, the transferor shall pay securities transaction stamp duty at a rate of 1 ‰ based on the actual transaction amount.
The relevant person in charge of the Ministry of Finance recently stated that in the next step, the Ministry of Finance will increase its macroeconomic policy regulation efforts, promote the early implementation and effectiveness of various financial and tax policies, and continue, optimize, improve and implement tax reduction and fee reduction policies.
Optimize and continue the CDR tax reduction support for innovative enterprises
In order to continue supporting the implementation of the innovation driven development strategy, the Ministry of Finance has issued a notice on the relevant tax policies for the pilot phase of domestic issuance of depositary receipts by innovative enterprises, which specifies that from September 21, 2023 to December 31, 2025, tax reduction and exemption will be provided to investors for the price difference income obtained from the transfer of innovative enterprise CDRs and the dividend income obtained from holding innovative enterprise CDRs.
For individual investors, the price difference income obtained from the transfer of innovative enterprise CDR is temporarily exempt from personal income tax; The price difference income obtained from the transfer of innovative enterprise CDR is temporarily exempt from value-added tax; It holds the dividend income obtained from innovative enterprise CDR and implements a differentiated personal income tax policy for dividend income.
For corporate investors, the income from the price difference obtained from transferring innovative enterprise CDRs and the dividend income obtained from holding innovative enterprise CDRs shall be exempted from corporate income tax in accordance with the policy provisions for the income from the price difference obtained from transferring stocks and the dividend income obtained from holding stocks.
For public securities investment funds, the difference income obtained from the transfer of innovative enterprise CDR and the dividend income obtained from holding innovative enterprise CDR shall not be subject to corporate income tax temporarily in accordance with the tax policies of public securities investment funds; The price difference income obtained from the transfer of innovative enterprise CDR during the operation of public securities investment fund managers is temporarily exempt from value-added tax.
For qualified foreign institutional investors and RMB qualified foreign institutional investors, the difference income obtained from the transfer of innovative enterprise CDR and the dividend income obtained from holding innovative enterprise CDR shall be regarded as the equity asset transfer income and dividend income obtained from the transfer or holding of the underlying stocks for issuing innovative enterprise CDR, and shall be exempt from corporate income tax; The price difference income obtained from entrusting domestic companies to transfer innovative enterprise CDRs is temporarily exempt from value-added tax.
For the price difference income obtained from the transfer of innovative enterprise CDR by unit investors, value-added tax shall be levied and exempted in accordance with the financial commodity transfer policy.
In addition, when transferring innovative enterprise CDRs on the Shanghai Stock Exchange and Shenzhen Stock Exchange, the transferor shall pay securities transaction stamp duty at a rate of 1 ‰ based on the actual transaction amount.
Optimize and continue the support of tax reduction and exemption for the opening up of the commodity futures market to the outside world
To support the opening up of the commodity futures market, the Ministry of Finance and the State Administration of Taxation have issued a notice on value-added tax policies related to supporting the opening up of the commodity futures market. The Ministry of Finance, the State Administration of Taxation, and the China Securities Regulatory Commission have issued a notice on continuing to implement the personal income tax policy to support the opening up of futures markets for crude oil and other goods to the outside world. The relevant policies of the two announcements will be implemented until December 31, 2027.
The Announcement on Supporting the Value Added Tax Policies for the Opening up of the Commodity Futures Market proposes that the bonded delivery business of commodity futures varieties approved by the State Council for opening up to the outside world is temporarily exempt from value-added tax. If the goods actually delivered in futures trading are imported or exported, the current import and export tax policies for goods shall be uniformly implemented. The physical delivery of futures for non bonded goods shall be carried out in accordance with relevant regulations.
The Announcement on Continuing the Implementation of the Personal Income Tax Policy to Support the Opening up of Futures Markets for Crude Oil and Other Goods proposes that the income obtained by foreign individual investors from investing in domestic crude oil and other futures products approved for opening up by the State Council in China is temporarily exempt from personal income tax.
Continuation of equity incentive and personal income tax incentives for listed companies
To continue supporting the innovation and development of enterprises, the Ministry of Finance and the State Administration of Taxation have issued a notice on the continuation of the implementation of personal income tax policies related to equity incentives for listed companies, which will be implemented until December 31, 2027.
The announcement proposes that individual residents who obtain equity incentives such as stock options, stock appreciation rights, restricted stocks, and equity rewards, and meet the relevant conditions of relevant regulations, will not be included in the comprehensive income for the current year, and will be subject to the comprehensive income tax rate table separately for full amount calculation and taxation. The calculation formula is: taxable amount=equity incentive income x applicable tax rate - quick calculation deduction amount
Provide personal income tax incentives for individual partners of venture capital enterprises
To continue supporting the development of venture capital enterprises, the Ministry of Finance, the State Administration of Taxation, the National Development and Reform Commission, and the China Securities Regulatory Commission have issued a notice on the continued implementation of individual partner income tax policies for venture capital enterprises, providing preferential support for individual income tax. The relevant policies will be implemented until December 31, 2027.
The announcement proposes that venture capital enterprises can choose one of two methods: accounting by a single investment fund or accounting by the annual income of the venture capital enterprise as a whole, and calculate the personal income tax payable for the income of their individual partners from the venture capital enterprise.
Among them, if a venture capital enterprise chooses to account for a single investment fund, its individual partners shall pay personal income tax at a rate of 20% on the equity transfer income and dividend income that should be distributed from the fund.
If a venture capital enterprise chooses to calculate its annual income as a whole, its individual partners shall pay personal income tax on the income obtained by the venture capital enterprise according to the "operating income" item and a progressive tax rate of 5% -35%.
The announcement states that venture capital enterprises that choose to account for a single investment fund or the overall annual income of the venture capital enterprise cannot be changed within three years.
Continuing the Shanghai Hong Kong Stock Connect, Shenzhen Hong Kong Stock Connect, and mutual recognition of individual income tax benefits for funds
The Ministry of Finance, the State Administration of Taxation, and the China Securities Regulatory Commission have issued a notice on the continuation of the implementation of the Shanghai Hong Kong, Shenzhen Hong Kong stock market trading interconnection mechanism and personal income tax policies related to mutual recognition of funds between mainland and Hong Kong. The relevant policies will be implemented until December 31, 2027.
The announcement proposes that individual mainland investors who invest in Hong Kong Stock Exchange listed stocks through the Shanghai Hong Kong Stock Connect and Shenzhen Hong Kong Stock Connect, as well as those who invest in Hong Kong fund shares through mutual fund recognition, will continue to be temporarily exempt from personal income tax.