Partnership personal income tax, how to calculate partnership individual income tax

The individual income tax calculation of a partnership enterprise is based on the pre-tax profit calculated according to the share ratio of each partner, deducting the allowable pre-tax deduction of individual income tax, and then calculating the tax payable according to the production and operation income of individual industrial and commercial households and the income from contracted operation and leased operation of enterprises and institutions.

The basis for calculating individual income tax is: total income of partnership - production and operation costs, losses, expense deduction standard = taxable income, and then use the level in the tax rate table corresponding to the taxable income to calculate how much individual tax should be paid.

Article 4 of the Provisions on the Collection of Individual Income Tax by Investors of Sole Proprietorship Enterprises and Partnership Enterprises stipulates that the balance of the total income of sole proprietorship enterprises and partnership enterprises (hereinafter referred to as enterprises) in each tax year after deducting costs, expenses and losses shall be regarded as the production and operation income of individual investors, and the individual income tax shall be calculated and levied at a five-level excess progressive tax rate of 5% and 35% according to the taxable item of "production and operation income of individual industrial and commercial households" in the Individual Income Tax Law.

The total income mentioned in the preceding paragraph refers to the income obtained by an enterprise from engaging in production and operation and activities related to production and operation, including sales revenue from commodities (products), operating income, income from labor services, income from project prices, income from leasing or transfer of property, interest income, other business income and non-operating income.

Legal analysis: The individual income tax calculation of the partnership is based on the pre-tax profit according to the share ratio of each partner to calculate the profit distributed by each person, deducting the allowable pre-tax deduction of 42,000 per individual income tax, and 3,500 per month;

Then, according to the production and operation income of individual industrial and commercial households and the income from contracted and leased operations of enterprises and institutions, the 5-level progressive individual income tax rate table shall be used to calculate the tax payable.

The basis used to calculate individual income tax is: total income of partnership - production and operation costs, losses, expense deduction standard = taxable income, and then use the level in the Qingchai tax rate table corresponding to a taxable income to calculate how much tax should be paid.

Legal basis: Law of the People's Republic of China on the Administration of Tax Collection

Article 1 This Law is enacted for the purpose of strengthening the administration of tax collection, standardizing the collection and payment of taxes, safeguarding state tax revenues, protecting the legitimate rights and interests of taxpayers, and promoting economic and social development.

Article 2 This Law shall apply to the collection and administration of all kinds of taxes levied by the taxation authorities in accordance with the law.

Article 3 The levy and suspension of taxation, as well as tax reduction, exemption, tax refund and tax compensation, shall be carried out in accordance with the provisions of the law; Where the law authorizes the provisions, it shall be implemented in accordance with the provisions of the administrative regulations formulated by the law.

No organ, unit, or individual may violate the provisions of laws and administrative regulations by making decisions on tax collection, levy, tax reduction, tax exemption, tax refund, tax compensation, or other decisions that contradict tax laws and administrative rules and regulations without authorization.

Article 4 Units and individuals liable for tax payment as stipulated by laws and administrative regulations are taxpayers.

Units and individuals that are required by laws and administrative regulations to withhold and remit, collect and remit taxes on behalf of others are withholding agents. Taxpayers and withholding agents must pay, withhold, collect and remit taxes in accordance with the provisions of laws and administrative regulations.

Individual income tax of partnership enterprise: The partners of a partnership enterprise shall determine the taxable income according to the distribution ratio agreed in the partnership agreement based on the production and operation income and other income of the partnership enterprise. If there is no agreement or the agreement is not clear, the taxable income shall be determined in accordance with the distribution ratio determined by the partners through consultation with all the income from production and operation and other income.

[Legal basis].

Notice of the Ministry of Finance and the State Administration of Taxation on Income Tax Issues for Partners of Partnership Enterprises.

The partners of a partnership determine their taxable income according to the following principles:

1) The partners of a partnership enterprise shall determine the taxable income in accordance with the distribution ratio agreed in the partnership agreement with the income from production and operation and other income of the partnership enterprise.

2) If the partnership agreement is not stipulated or the agreement is not clear, the taxable income shall be determined in accordance with the distribution ratio determined by the partners through consultation with all the income from production and operation and other income.

3) If the negotiation fails, the taxable income shall be determined according to the proportion of the partner's paid-in capital contribution based on all production and operation income and other income.

4) If the proportion of capital contribution cannot be determined, the taxable income of each partner shall be calculated on an average basis according to the number of partners based on all production and operation income and other income.

The partnership agreement must not provide for the distribution of all profits to a portion of the partners.

The individual income tax of the partnership subtracts the expenses and losses of the production and operation costs from the total income of the partnership to obtain the taxable property of the partnership, and calculates the profit distributed by each partner according to the share ratio of each partner, and pays taxes according to the taxable standard of individual income tax.

Article 6 of the Enterprise Income Tax Law of the People's Republic of China is the total income obtained by an enterprise in monetary and non-monetary forms from various types of income. Including: (1) Income from the sale of goods;(2) Income from the provision of labor services;(3) Income from the transfer of property;(4) Dividends, bonuses and other equity investment income;(5) Interest income;(6) Rental income; (7) Royalty income; (8) Receiving income from donations; (9) Other income.