I. Collection Scope
The Chinese characters in the provided text are translated into English as follows, with the rest of the text remaining unchanged:
For the income from **contractual management and lease management** of enterprises and institutions, it refers to the income obtained by individuals through **contractual management, lease management**, subcontracting, and subletting, including the income of wages and salaries obtained by individuals on a monthly or per-time basis.
(1) The income from the **contractual management and lease management** of enterprises and institutions must be the income that the contractor or lessee has the right to the operating results of the enterprises and institutions. The contractor or lessee, according to the provisions of the contract (agreement), only pays a certain fee to the contracting or leasing party, and the operating results belong to their income.
(2) If the contractor or lessee does not have ownership of the enterprise's operating results and only obtains a certain income according to the provisions of the contract (agreement), their income is taxed under the category of wages and salaries.
(3) After the enterprise implements individual **contractual management and lease management**, if the industrial and commercial registration is changed to an individual business, it should be planned to pay personal income tax according to the category of production and business income of individual businesses.
(4) The income from **contractual management and lease management** includes the income of wages and salaries obtained by individuals on a monthly or per-time basis.
II. Tax Rate
Enterprises and Institutions **Contractual Management and Lease Management** Income Tax
Level
|
Annual Taxable Income
|
Tax Rate (%)
|
Quick Deduction
|
1
|
Not exceeding 5,000 yuan
|
5
|
|
2
|
Exceeding 5,000 yuan to 10,000 yuan
|
10
|
250
|
3
|
Exceeding 10,000 yuan to 30,000 yuan
|
20
|
1,250
|
4
|
Exceeding 30,000 yuan to 50,000 yuan
|
30
|
4,250
|
5
|
Exceeding 50,000 yuan
|
35
|
6,750
|
III. Calculation of Taxable Income and Tax Payable
(1) Taxable Income
The income from **contractual management and lease management** of enterprises and institutions is the balance after deducting necessary expenses from the total income of each tax year, which is the taxable income. The total income refers to the business profits and income of wages and salaries that the taxpayer receives according to the **contractual management and lease management** contract. If the individual's **contractual management and lease management** income includes both the nature of wages and salaries and production and business, but considering that the individual receives business profits according to the **contractual management and lease management** contract, the production and business costs involved, the deduction of "necessary expenses" stipulated by the personal income tax law is to deduct 3500 yuan per month, which actually deducts the equivalent of an individual's livelihood and other expenses. The calculation formula is:
Taxable Income = Total income of individual **contractual management and lease management** - 3500 yuan per month
During the period of lease and **contractual management**, according to the relevant provisions of the enterprise income tax, "if the name of the leased enterprise is not changed after the lease management, the industrial and commercial registration is not changed, and the business still carries out production and business activities in the name of the leased enterprise, regardless of how the leased enterprise and the lessee distribute the operating results, the leased enterprise is the taxpayer." That is, after paying the enterprise income tax according to the relevant provisions of the enterprise income tax, then calculate and pay the personal income tax according to the regulations of individual **contractual management and lease management** income.
(2) Method of calculating the tax payable
The income from contractual management and lease management excess of enterprises and institutions is subject to a five-level progressive tax rate, and the tax payable is calculated based on the applicable tax rate of the taxable income. The calculation formula is:
Tax payable = Taxable income × Applicable tax rate - Quick deduction number
Example: Xiao Li contracted a certain store in 2023, with a contract period of 1 year, and obtained an operating income of 4,000 yuan. In addition, Zhang also receives a salary from the store every month, 3,000 yuan per month. Calculate the personal income tax that Zhang should pay for the whole year.
Solution:
(1) Annual taxable income = (4,000 + 12 × 3,000) - 12 × 3,500 = 34,000 (yuan)
(2) Annual personal income tax payable = 34,000 × 30% - 4,250 = 5,950 (yuan)
Taxpayers who implement contracting or leasing operations should calculate their taxes based on the income from contracting or leasing operations for each tax year. If taxpayers obtain income from contracting or leasing operations several times within a year, they should prepay taxes each time they obtain income from contracting or leasing operations, and settle accounts at the end of the year, with excess refunds and insufficient supplements. If the taxpayer's contracting or leasing period is within a tax year and the operation is less than 12 months, the actual contracting or leasing period should be used as a tax year for tax calculation. The calculation formula is:
Taxable income = The annual contracting or leasing income - (3,500 × the actual number of months of contracting or leasing in the year)
Tax payable = Taxable income × Applicable tax rate - Quick deduction number
Example: Xiao Li started contracting a unit's storefront from May 1, 2023, and after a five-month operating period, obtained a total operating income of 200,000 yuan, and the total amount of expenses related to the operating income allowed to be deducted is 100,000 yuan. Calculate the personal income tax payable for the individual's contracting income.
Solution:
(1) Contracting income = 200,000 - 100,000 = 100,000 (yuan)
(2) Contracting taxable income = 100,000 - 3,500 x 5 = 82,500 (yuan)
(3) Personal income tax payable for contracting income = 82,500 x 35% - 6,750 = 22,125 (yuan)