How to pay taxes on auction income, and do I have to pay taxes on auctions?

Legal Analysis: Yes. The auction house pays the business tax, which is paid according to the handling fee charged, and there is the relevant surcharge, and the stamp duty is not to be paid; The company that acquires the lot is subject to stamp duty; Enterprises that auction items need to pay VAT and related surcharges and stamp duties; If the pawnshop sells dead pawns, pay VAT at 4%.

Auction income is mainly divided into two parts: the auction price of the subject matter and the commission income. The auction house collects commissions from the consignor and the buyer for the auction of immovable property, and the business tax is levied at 5% respectively; The commission charged by the auction house to the consignor for the auction of movable property is subject to a business tax of 5%.

Article 25 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China If an enterprise exchanges non-monetary assets, as well as uses goods, property and services for shirt donations, debt repayment, sponsorship, fundraising, advertising, samples, employee benefits or profit distribution, etc., it shall be regarded as selling goods, transferring property or providing services, unless otherwise stipulated by the competent financial and taxation authorities.

Legal Analysis: Auctions of assets are subject to taxes. The tax-related income obtained from the auction is mainly divided into two parts: the auction price of the subject matter and the commission income.

Legal basis: Article 56 of the Auction Law of the People's Republic of China The consignor and the buyer may agree with the auctioneer on the proportion of the commission. If the consignor, the buyer and the auctioneer have not agreed on the commission ratio, and the auction is concluded, the auctioneer may charge the consignor and the buyer a commission not exceeding 5% of the auction price.

The proportion of commission charged shall be determined in accordance with the principle of inverse proportion to the auction price. If the auction is not concluded, the auctioneer may collect the agreed fee from the consignor; If no agreement is made, the consignor may be charged a reasonable fee for the auction.

Legal analysis1. Individual income tax: According to the provisions of the Individual Income Tax Law of the People's Republic of China and its implementing regulations, the income obtained by the original shareholders from equity transfer shall be levied according to the item of "income from property transfer". If the equity transferor is an individual, it needs to pay individual income tax.

Payment standard: according to the transfer transaction price minus the original capital contribution price and expenses, according to 20% of the difference to pay individual income tax and stamp duty: the documents established for the equity transfer of the enterprise, the two parties shall calculate and affix stamp duty on the equity transfer documents according to the property rights transfer.

The applicable tax rate shall be the amount stated in the document5.

Legal basisProvisional Regulations of the People's Republic of China on Stamp Duty

Article 2 The following vouchers are taxable vouchers: (1) purchase and sale, processing contracting, construction project contracting, property leasing, cargo transportation, warehousing and storage, loans, property insurance, technical contracts or vouchers with a contractual nature; (2) Documents for the transfer of property rights; (3) Business account books; (4) Rights and licenses; (5) Other vouchers for taxation as determined by the Ministry of Finance.

Article 22 The special VAT invoice shall be printed by the enterprise designated by the competent tax authority; Other invoices, in accordance with the provisions of the competent tax authorities, shall be printed by the enterprises designated by the State Taxation Bureau and the local taxation bureau of the provinces, autonomous regions and municipalities directly under the Central Government. Invoices shall not be printed without the designation of the tax authorities specified in the preceding paragraph.

Notice of the State Administration of Taxation on Issues Concerning Strengthening and Regulating the Levy of Individual Income Tax on Auction Income Obtained by Individuals

Article 7. The auction unit shall be responsible for withholding and paying the individual income tax payable on the auction income of personal property, and shall file a tax declaration with the competent tax authority where the auction unit is located in accordance with the regulations.

Individual Income Tax Law of the People's Republic of China

Article 2. Individual income tax shall be paid on the following personal income:

1) Income from wages and salaries;

2) Loss of income from remuneration for labor services;

3) Income from author's remuneration;

4) Income from royalties;

5) Business income;

6) Income from interest, dividends and bonuses;

7) Income from property lease;

8) Income from the transfer of property;

9) Incidental gains. Resident individuals who obtain the income from items 1 to 4 of the preceding paragraph (hereinafter referred to as "comprehensive income") shall calculate individual income tax on a consolidated basis according to the tax year;

For non-resident individuals who obtain the income in items 1 to 4 of the preceding paragraph, the individual income tax shall be calculated on a monthly or sub-itemized basis. Taxpayers who obtain the income from items 5 to 9 of the preceding paragraph of Yunyin shall calculate individual income tax separately in accordance with the provisions of this Law.

Legal analysis: 1. Individual income tax: According to the provisions of the Individual Income Tax Law of the People's Republic of China and its implementing regulations, the income obtained by the original shareholders from equity transfer shall be subject to individual income tax according to the item of "income from property transfer".

If the equity transferor is an individual, it needs to pay individual income tax. Payment standard: according to the transfer transaction price minus the original capital contribution price and expenses, according to 20% of the difference to pay individual income tax and stamp duty

For the documents established for the equity transfer of the enterprise, the two parties shall calculate and affix stamp duty on the equity transfer documents according to the transfer of property rights. The applicable tax rate shall be the amount stated in the document5.

Legal basis: Provisional Regulations of the People's Republic of China on Stamp Duty

Article 2 The following vouchers are taxable vouchers: (1) purchase and sale, processing contracting, construction contracting, property leasing, cargo transportation, warehousing and storage, loans, property insurance, technical contracts or vouchers with a contractual nature; (2) Documents for the transfer of property rights; (3) Business account books; (4) Rights and licenses; (5) Other vouchers for taxation as determined by the Ministry of Finance.

Article 22 The special VAT invoice shall be printed by the enterprise designated by the competent tax authority; Other invoices shall be printed by enterprises designated by the State Taxation Bureau and the local taxation bureau of the province, autonomous region and municipality directly under the Central Government in accordance with the regulations of the tax administration department of the Guoyou Frank Affairs Institute. Invoices shall not be printed without the designation of the tax authorities specified in the preceding paragraph.