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If the car purchased by the company is in the name of the individual, the ownership is owned by the individual, and the enterprise income tax cannot be deducted through depreciation.
However, the cost of insurance is lower; The ownership of the vehicle under the name of the company is owned by the company, which can be deducted from value-added tax, and depreciation can also be deducted from corporate income tax, but the premium fee is relatively high, so you can choose according to the actual situation.
The official website shall prevail.
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It can be divided into two situations:
1.The company and the owner of the vehicle sign an agreement for free use of the vehicle, stating that the cost of the vehicle is borne by the company, but excluding road maintenance and insurance premiums.
2.The company and the owner of the vehicle enter into a rental agreement for the use of the vehicle, which also states that the cost of the vehicle is borne by the company, but does not include road maintenance and insurance premiums.
Both of the above require stamp duty to be affixed to the agreement.
In particular, if the owner of the vehicle is paid rent, the owner of the vehicle has to provide a rental invoice issued by the tax office, which has a very high tax rate.
I advise you to use the first form.
Because the road maintenance fee and insurance premium are invoices in the name of the individual, they cannot be recorded in the account of the unit.
If the vehicle is purchased in the name of the company, all vehicle-related expenses can be accounted for.
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For example, whether the car is in the name of the company or the name of the individual, as well as how to solve the various costs incurred after the car, etc., all need to be considered.
Legal basis: Civil Code of the People's Republic of China
Article 470:The content of the contract is agreed upon by the parties, and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes. The parties may conclude a contract with reference to the model texts of various types of contracts.
Article 471:When a party concludes a contract, it may take the form of an offer, acceptance or other means.
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Summary. 1. The company buys a car in the name of an individual, and this accounting must be a borrowing: other receivables xx credit:
However, there is a certain risk in this treatment, because according to the relevant provisions of individual income tax, if the xx is a shareholder, if it is treated in this way, if it is not repaid for a long time and is not used for the company's production and operation, it will be regarded as the distribution of dividends and levied individual income tax.
2. Now you want to take the cost of the car as the company's assets, there are three methods: the first method is as an investment, you can not increase the registered capital, directly as the capital reserve into the account, but you must go through the transfer procedures of the vehicle, so that the cost and depreciation of the vehicle can be used as the company's deduction. The third method is that the company buys from individuals, and the effect is the same as investment, but to obtain the sales invoice of the second-hand car, and its ** can not be too high than the market** It is recommended to deal with it as soon as possible, and the provincial tax authorities have opinions on the behavior of borrowing money to individuals to buy cars.
The company pays for the purchase of a car in the name of an individual, how to deal with it.
1. The company buys a car in the name of an individual, and this accounting must be to do so to borrow: other receivables xx credit: bank deposits (cash) but there is a certain risk in this treatment, because according to the relevant provisions of individual income tax, if this xx is a shareholder, if it is treated like this, it will not be used for the company's production and operation for a long time, and it will be regarded as the distribution of dividends to levy individual income tax 2
The first method is to make a big hand investment, you can not increase the registered capital, directly as the capital reserve into the account, but you must go through the transfer procedures of the vehicle, so that the cost and depreciation of the vehicle can be deducted by the company. The third method is that the company buys from individuals, and the effect is the same as investment, but to obtain the sales invoice of the second-hand car, and its ** can not be too high than the market** It is recommended to deal with it as soon as possible, and the provincial tax authorities have opinions on the behavior of borrowing money to individuals to buy cars.
A personal loan to buy a car in the name of an individual, but the down payment company pays 50,000 yuan, and then the monthly payment company bears what to do.
The loan is not handled by the company.
Do I need to sign an agreement with the company? Who owns the car.
There is no way to explain the cash flow.
The signed agreement belongs to the company, and it can only be transferred to its own name after two years.
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Legal analysis: Buying a car in someone else's name is mainly to sign a liability waiver agreement and a vesting agreement.
Legal basis: Civil Code of the People's Republic of China
Article 221:Where a party signs an agreement on the sale or purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.
Article 410 Where the debtor fails to perform its debts due or the parties agree to realize the mortgage rights, the mortgagee may agree with the mortgagor to be repaid in priority with the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.
If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property.
If the mortgaged property is discounted or sold, it shall refer to the market**.
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Loans are available.
Procedures for buying a car with a mortgage in the name of the company:
1. Resident ID card, household registration booklet, marriage certificate.
2. Relevant income certificates, including unit income certificates, deposit certificates, valuable**, real estate certificates or other income certificates.
3. The car purchase contract or agreement signed with the dealer.
4. The deposit certificate (passbook) of the bank is not less than the initial payment.
5. If the property is mortgaged or pledged, the list of mortgages or pledges, the certificate of ownership, the certificate of consent of the person who has the right to dispose of the property (including the co-owner of the property) to the mortgage or pledge, and the certificate of valuation of the mortgage issued by the competent department.
6. If the purchased vehicle is used as collateral, a written loan recommendation guarantee letter issued by the dealer designated by the lender shall be provided before the legal mortgage registration and relevant insurance procedures are completed.
7. If the guarantee is provided by a third party, a written document agreeing to the guarantee of the guarantor, relevant credit certification materials and a certain percentage of the guarantee shall be issued.
Eligibility. In addition to the purchase of a limited range of cars at a special dealer approved by the bank, the application for an automobile consumer loan is a car purchase.
Buyers who take out a loan to buy a car must also meet the following conditions:
1) The car buyer must be at least 18 years old and a Chinese citizen with full capacity for civil conduct.
2) Car buyers must have a relatively stable occupation and a relatively stable economic income or have assets that are easy to realize, so as to repay the principal and interest of the loan on time. The assets that are easy to realise here generally refer to valuable** and gold and silver products.
3) During the loan application period, the car buyer shall deposit no less than the down payment for the purchase of the car in the account of the bank savings counter that is not less than the bank regulations.
4) Provide the bank with a guarantee recognized by the bank. If the buyer's personal account is not local, a joint and several liability guarantee should also be provided, and the bank will not accept the mortgage set by the buyer to purchase the vehicle with a loan.
5) The car buyer is willing to accept other conditions that the bank deems necessary.
If the applicant is an enterprise or institution with legal personality, the following conditions shall be met:
1) Have the ability to repay bank loans.
2) During the loan application period, the down payment for car purchase shall not be less than the bank's regulations and the bank's accounting department shall be deposited.
3) Provide an approved guarantee to the bank.
4) Willing to accept other necessary conditions put forward by the bank.
The special dealers referred to in the loan refer to the automobile dealers who are recommended by the automobile manufacturers and selected by the branches of the bank at all levels according to the financial strength, market share and credibility of the dealers, and then report to the head office, and sign the "Automobile Consumer Loan Cooperation Agreement" with each branch after being confirmed by the head office.
The above content reference: Encyclopedia - loan to buy a car.
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