I. Collection Scope
The income from the contracting and leasing management of enterprises and institutions refers to the income obtained by individuals from contracting and leasing management, as well as subcontracting and subleasing, including the income of individuals obtained monthly or per time in the nature of wages and salaries.
(1) The income from the contracting and leasing management of enterprises and institutions must be the income that the contractor and lessee have the right to the operating results of the enterprises and institutions. The contractor and lessee, according to the provisions of the contract (agreement), only pay a certain fee to the contracting and leasing party, and the operating results belong to their income.
(2) If the contractor and lessee do not have ownership of the enterprise's operating results and only obtain a certain income according to the provisions of the contract (agreement), their income is taxed according to the wage and salary income items.
(3) After the enterprise implements individual contracting and leasing 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 production and business income items of individual businesses.
(4) The income from contracting and leasing management includes the income of individuals obtained monthly or per time in the nature of wages and salaries.
II. Tax Rate
Enterprises and Institutions Contracting and Leasing Management Income Tax
| Grade |
Taxable Income (Including Tax) |
Taxable Income (Excluding Tax) |
Tax Rate (%) |
Quick Deduction |
| 1 |
Up to 15,000 yuan |
Up to 14,250 yuan |
5 |
|
| 2 |
From 15,001 yuan to 30,000 yuan |
From 14,251 yuan to 27,750 yuan |
10 |
750 |
| 3 |
From 30,001 yuan to 60,000 yuan |
From 27,751 yuan to 51,750 yuan |
20 |
3,750 |
| 4 |
From 60,001 yuan to 100,000 yuan |
From 51,751 yuan to 79,750 yuan |
30 |
9,750 |
| 5 |
Above 100,000 yuan |
Above 79,751 yuan |
35 |
14,750 |
Explanation:
1. The tax brackets in this table refer to the total income of each tax year, minus the balance of costs, expenses, and losses.
2. The tax brackets including tax apply to the production and business income of individual businesses and the contracting and leasing management income of enterprises and institutions. The tax brackets excluding tax apply to the contracting and leasing management income where the tax is paid by others (units).
3. If an investor establishes two or more enterprises (including participation), at the end of the year, the taxable income obtained from all enterprises should be summarized, and the applicable tax rate should be determined to calculate and pay personal income tax.
III. Calculation of Taxable Income and Tax Payable
(1) Taxable Income
The income from the contracting and leasing management of enterprises and institutions is the balance of the total income of each tax year, minus the necessary expenses, as the taxable income. Among them, the total income refers to the business profits and income in the nature of wages and salaries that the taxpayer receives according to the contracting and leasing management contract. If an individual's contracting and leasing management income has both the nature of wages and salaries and the nature of production and business, but considering that the individual receives business profits according to the contracting and leasing management contract, the production and business costs involved, the "necessary expenses" stipulated by the personal income tax law "minus necessary expenses" refers to a monthly deduction of 3500 yuan, which is actually the equivalent of an individual's livelihood and other expenses. The calculation formula is:
Taxable Income = Total income from individual contracting and leasing management - 3500 yuan per month
During the period of contracting and leasing, according to the relevant provisions of the corporate income tax, "If the name of the leased enterprise is not changed after the contracting and leasing management, and the industrial and commercial registration is not changed, and the production and business activities are still carried out in the name of the leased enterprise, regardless of how the leased enterprise and the contracting party distribute the operating results, the leased enterprise is the taxpayer." That is, corporate income tax should be paid first according to the relevant provisions of the corporate income tax, and then personal income tax should be calculated and paid according to the provisions of the individual contracting income.
(2) Calculation method of the tax payable
The income from the contracting and leasing management of enterprises and institutions is subject to a five-tier progressive tax rate, and the tax payable is calculated according to the applicable tax rate based on the taxable income. The calculation formula is:
Tax Payable = Taxable Income × Applicable Tax Rate - Quick Deduction
Example: Xiao Li contracted a certain store in 2023, with a contract period of 1 year, and obtained a contracting income of 4,000 yuan. In addition, Zhang also received 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.
Solutions:
(1) Annual taxable income = (40000 + 12 × 3000) - 12 × 3500 = 34000 (yuan)
(2) Annual personal income tax payable = 34000 × 30% - 4250 = 595 (yuan)
Taxpayers who engage in contracting or leasing operations shall calculate their taxes based on the income from contracting or leasing operations for each tax year. If a taxpayer receives income from contracting or leasing operations multiple times within a year, they shall prepay taxes each time they receive such income, and at the end of the year, they shall consolidate and settle their accounts, refunding excess or making up for shortages. If the contracting or leasing period of a taxpayer is within a tax year and the operation is less than 12 months, the actual contracting or leasing period shall be used as a tax year for tax calculation. The calculation formula is:
Taxable income = Annual contracting or leasing income - (3500 × the actual number of months of contracting or leasing in that year)
Tax payable = Taxable income × applicable tax rate - quick deduction amount
Example: Xiao Li started contracting a store of an organization from May 1, 2023, and after operating for 5 months, he obtained a total operating income of 200,000 yuan, and the total amount of expenses related to the operating income allowed to be deducted was 100,000 yuan. Calculate the personal income tax payable for this individual's contracting or leasing income.
Solution:
(1) Contracting or leasing income = 200000 - 100000 = 100000 (yuan)
(2) Taxable income for contracting or leasing = 100000 - 3500 × 5 = 82500 (yuan)
(3) Personal income tax payable for contracting or leasing income = 82500 × 35% - 6750 = 22125 (yuan)