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Interpretation of the "Announcement of the State Administration of Taxation on Improving and Adjusting the Methods of Withholding and Prepayment of Individual Income Tax for Some Taxpayers"

Answer
On July 28, 2020, the State Administration of Taxation promulgated the "Announcement of the State Administration of Taxation on Improving and Adjusting the Methods of Withholding and Prepayment of Individual Income Tax for Some Taxpayers" (2020 No. 13), the issue of individual income tax withholding has once become a hot spot. What should we pay attention to in this new announcement?

Q:
In this announcement, are there any adjustments to the method of withholding and prepayment for resident individuals who receive wages and salaries for the first time?
A:
For a resident individual who obtains income from wages and salaries for the first time in a tax year, the withholding agent can deduct the accumulated deductions calculated from the beginning of the year when withholding the personal income tax on wages and salary income in advance. For example, if a recent graduate joins a job after graduating from university in July, the company can deduct the expenses for 7 months multiplied by RMB5,000 one month, which is RMB35,000 when calculating the personal income tax that should be deducted from the salary in July.

Q:
In this announcement, what are the adjustments to the method of withholding and prepayment of labor remuneration obtained by students internship?
A:
The new announcement clarified that when students receiving full-time academic education obtain labor remuneration for their internships, withholding agents can withhold and prepay individual income tax in accordance with the "State Administration of Taxation on the release of "Individual Income Tax Withholding Declaration Management Measures" (Trial) Announcement" (2018 No. 61) to calculate and withhold the withholding tax. For example, a school student received a labor remuneration of 3,000 yuan after his internship in Company A in July. According to the new policy, his withholding and prepayment for the current period in July is: withholding and prepayment for the current period = (5000-5000) ×withholding rate-quick calculation deductions-cumulative tax deductions-cumulative withholding and prepaid taxes = 0.

Q:
If the student’s labor wage withholding and prepayment is calculated according to the new regulations, does he need to conduct annual settlement and payment again?
A:
 Taking the above-mentioned students as an example, there is no pre-payment of tax on July wages. If there is no other comprehensive income in this tax year, the student does not need to pay personal income tax in that year, and there is no need to apply for annual settlement.

Q:
If it meets the relevant regulations of this announcement, how to apply the new withholding and prepayment method?
A:
Taxpayers who comply with the provisions of this announcement and can withhold and prepay personal income tax in accordance with relevant provisions shall promptly declare to the withholding agent and truthfully provide relevant certification materials or letter of commitment. And be responsible for the authenticity, accuracy and completeness of the information and the letter of commitment. The original or copy of the relevant information must be kept for future reference.

Q:
What is the specific implementation time of this announcement?
A: The "Announcement" comes into effect on July 1, 2020. Taxpayers who have been employed or internships before that, if they have paid more personal income tax in advance, still apply for a tax refund during the settlement of comprehensive income in the following year.

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