Individual income tax of virtual currency
Publish: 2021-05-07 10:14:56
1. According to the official reply of the State Administration of Taxation on the issue of indivial income tax on the income of indivials from buying and selling virtual currency through the Internet (GSH [2008] No. 818), the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of indivial income tax, The indivial income tax shall be calculated and paid according to the item of "income from property transfer". The original value of an indivial's property in selling virtual currency is the price and related taxes paid for his purchase of network virtual currency. If an indivial is unable to provide evidence of the original value of his property, the original value of his property shall be verified by the competent tax authorities.
2. The State Administration of Taxation emphasizes that the original value of an indivial's property in selling virtual currency, the price paid for his purchase of network virtual currency and related taxes. If an indivial is unable to provide evidence of the original value of his property, the original value of his property shall be verified by the competent tax authorities
according to the relevant sources of Beijing Local Taxation Bureau, the tax rate of indivial income tax calculated according to the "income from property transfer" project is fixed at 20%, and Beijing Local Taxation Bureau will also introce relevant measures to verify the original value of virtual currency property sold by indivials
about virtual currency:
virtual currency refers to the substitute currency circulating in the network virtual world. In addition to the virtual currencies issued by major online game companies with various names, Tencent Q currency is also widely used
at present, the online transaction in the virtual world has greatly exceeded people's imagination, and has formed a huge online transaction market of proction, supply and marketing. Moreover, a group of professional workers specialized in "coin printing" came into being; There are also special exchange shops for various game currencies.
according to the relevant sources of Beijing Local Taxation Bureau, the tax rate of indivial income tax calculated according to the "income from property transfer" project is fixed at 20%, and Beijing Local Taxation Bureau will also introce relevant measures to verify the original value of virtual currency property sold by indivials
about virtual currency:
virtual currency refers to the substitute currency circulating in the network virtual world. In addition to the virtual currencies issued by major online game companies with various names, Tencent Q currency is also widely used
at present, the online transaction in the virtual world has greatly exceeded people's imagination, and has formed a huge online transaction market of proction, supply and marketing. Moreover, a group of professional workers specialized in "coin printing" came into being; There are also special exchange shops for various game currencies.
3. This is certainly unreasonable. Virtual currency generally does not need to pay tax. If you pay this tax, it is not equal to your original value. It will be very expensive and not cost-effective
4. In a recent reply to the Beijing Local Taxation Bureau, the State Administration of Taxation said that the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of indivial income tax, which should be calculated and paid according to the item of "income from property transfer"
according to the regulations, the income from property transfer is calculated as the amount of taxable income, which is the balance of the income from one-time transfer of property (no matter how many times it is paid, it should be merged into the income from one-time transfer of property) minus the original value of the property and reasonable expenses, and the tax rate of 20% is applied to calculate and pay indivial income tax.
according to the regulations, the income from property transfer is calculated as the amount of taxable income, which is the balance of the income from one-time transfer of property (no matter how many times it is paid, it should be merged into the income from one-time transfer of property) minus the original value of the property and reasonable expenses, and the tax rate of 20% is applied to calculate and pay indivial income tax.
5. Referring to the reply on the issue of personal income tax on the income of indivials from buying and selling virtual currency through the Internet (Guo Shui Han [2008] No. 818), the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of personal income tax, which should be calculated according to & quot; Income from property transfer; Indivial income tax is calculated and paid
according to the indivial income tax law, the income from property transfer should be withheld by the payer.
according to the indivial income tax law, the income from property transfer should be withheld by the payer.
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9. A few days ago, the State Administration of Taxation announced an official reply on the issue of personal income tax levied on indivials' income from buying and selling virtual currency through the Internet: the income obtained by indivials from purchasing virtual currency of players through the Internet and selling it after price increase belongs to the taxable income of personal income tax, which should be calculated according to the item of "income from property transfer", and pay 20% personal income tax. This shows that in the future, domestic indivials will have to pay personal income tax when they buy players' virtual currency through the Internet and sell the income to others after price increase
online "virtual property", also known as "online property", generally refers to the accounts of Internet users and game players in online games and the accumulated "money", "equipment", "pets" and other "property"
there is a popular view in economics that "where there is land, there is economy". Now, in the network virtual space, not only the software itself, the right to participate in online games, along with the virtual weapons, equipment inside the game, and even the "plug-in" used for cheating, have become commodities that can be circulated, with the emergence of sellers and buyers and the breeding of profits. But these fictitious "net money" calculate private property? Is the right of network "virtual property" protected by law? It used to be a realistic subject faced by law
previously, several cases of theft and infringement of "virtual property" on the Internet were tried by domestic courts, and the judgments made found that the virtual property on the Internet has value content, which really cheered many people online and offline, because the virtual property was finally determined by the court to have property value, which has a certain exemplary role. There are a lot of "net money" illegal infringement of the game players for the legal judgment results feel great comfort
in view of this, it is necessary to clarify the following issues when collecting personal income tax on virtual net property: on the one hand, does virtual currency belong to the private property of players“ The premise of "property transfer" is that the indivial has the ownership of the property. If the virtual network property is stolen or the game operator server has a problem and the system returns to zero, the player has the right to recover their private property. The game operator must pay for the loss of tens of thousands of yuan of wealth for the player, which is only a string of digital codes for them. Now the law has recognized the private right of virtual network property, which shows that players have the right to obtain "income from property transfer"; On the other hand, since the law has recognized the legitimacy of transactions between online game players, this instry chain has been recognized as legitimate. Therefore, the theft and fraud in online financial transactions should be included in the scope of legal protection
however, there is no clear conclusion on what is virtual currency, whether virtual currency itself impacts real currency, and whether it should be protected by legislation. At this time, the network virtual property tax, may bring controversy in the specific operation. For example, how to identify online game players trading virtual currency behavior? How to supervise and collect the income? These are all thorny details. At the same time, many players in online games are all netizens in private, and most of the transactions can be achieved through mutual verbal commitment. Therefore, in the case of the lack of written records, the tax authorities obviously lack of effective means of authentication and verification to collect personal tax on the sale of virtual currency
although indivial cases of loss and theft of virtual network property have been properly solved in accordance with the law, the state has not yet issued special laws and regulations to regulate the transaction of virtual network property. From the perspective of jurisprudence, under normal circumstances, we should take the lead in recognizing the legitimacy of the ownership of virtual network property, in order to tax the legitimate property transactions. But at present, in the absence of special laws and regulations, we can only refer to the relevant legal provisions. It is obviously too hasty to directly adopt the existing personal income tax rate of 20%. No matter whether the proportion of 20% is reasonable or not, the difference between virtual transaction and real transaction and the effective collection and management of virtual transaction after taxation are still worth improving
on the one hand, the tax base of virtual network finance is undoubtedly assets valued in real currency. Now virtual currency has been regarded as an intangible asset that can be measured by real currency. From this perspective, it is necessary to formulate a transaction standard between virtual network and real life to protect the intangible assets of Internet users, and on this basis, tax virtual goods exchanged by virtual currency; On the other hand, in view of the lack of legal support for the reliability of players' private transactions, it is necessary to clearly determine that the virtual network financial transactions are protected by law. If the players have the right to deal with the virtual network property freely, then in terms of the relevant network management, they should carry out effective supervision and maintenance in accordance with the provisions of the state
in a word, what we need to clarify at present is all kinds of disputes about virtual online finance, and then formulate and introce more practical supporting system measures. On this basis, we can levy personal income tax on the income obtained from online trading of virtual online finance, so as to get more understanding and support from all walks of life.
online "virtual property", also known as "online property", generally refers to the accounts of Internet users and game players in online games and the accumulated "money", "equipment", "pets" and other "property"
there is a popular view in economics that "where there is land, there is economy". Now, in the network virtual space, not only the software itself, the right to participate in online games, along with the virtual weapons, equipment inside the game, and even the "plug-in" used for cheating, have become commodities that can be circulated, with the emergence of sellers and buyers and the breeding of profits. But these fictitious "net money" calculate private property? Is the right of network "virtual property" protected by law? It used to be a realistic subject faced by law
previously, several cases of theft and infringement of "virtual property" on the Internet were tried by domestic courts, and the judgments made found that the virtual property on the Internet has value content, which really cheered many people online and offline, because the virtual property was finally determined by the court to have property value, which has a certain exemplary role. There are a lot of "net money" illegal infringement of the game players for the legal judgment results feel great comfort
in view of this, it is necessary to clarify the following issues when collecting personal income tax on virtual net property: on the one hand, does virtual currency belong to the private property of players“ The premise of "property transfer" is that the indivial has the ownership of the property. If the virtual network property is stolen or the game operator server has a problem and the system returns to zero, the player has the right to recover their private property. The game operator must pay for the loss of tens of thousands of yuan of wealth for the player, which is only a string of digital codes for them. Now the law has recognized the private right of virtual network property, which shows that players have the right to obtain "income from property transfer"; On the other hand, since the law has recognized the legitimacy of transactions between online game players, this instry chain has been recognized as legitimate. Therefore, the theft and fraud in online financial transactions should be included in the scope of legal protection
however, there is no clear conclusion on what is virtual currency, whether virtual currency itself impacts real currency, and whether it should be protected by legislation. At this time, the network virtual property tax, may bring controversy in the specific operation. For example, how to identify online game players trading virtual currency behavior? How to supervise and collect the income? These are all thorny details. At the same time, many players in online games are all netizens in private, and most of the transactions can be achieved through mutual verbal commitment. Therefore, in the case of the lack of written records, the tax authorities obviously lack of effective means of authentication and verification to collect personal tax on the sale of virtual currency
although indivial cases of loss and theft of virtual network property have been properly solved in accordance with the law, the state has not yet issued special laws and regulations to regulate the transaction of virtual network property. From the perspective of jurisprudence, under normal circumstances, we should take the lead in recognizing the legitimacy of the ownership of virtual network property, in order to tax the legitimate property transactions. But at present, in the absence of special laws and regulations, we can only refer to the relevant legal provisions. It is obviously too hasty to directly adopt the existing personal income tax rate of 20%. No matter whether the proportion of 20% is reasonable or not, the difference between virtual transaction and real transaction and the effective collection and management of virtual transaction after taxation are still worth improving
on the one hand, the tax base of virtual network finance is undoubtedly assets valued in real currency. Now virtual currency has been regarded as an intangible asset that can be measured by real currency. From this perspective, it is necessary to formulate a transaction standard between virtual network and real life to protect the intangible assets of Internet users, and on this basis, tax virtual goods exchanged by virtual currency; On the other hand, in view of the lack of legal support for the reliability of players' private transactions, it is necessary to clearly determine that the virtual network financial transactions are protected by law. If the players have the right to deal with the virtual network property freely, then in terms of the relevant network management, they should carry out effective supervision and maintenance in accordance with the provisions of the state
in a word, what we need to clarify at present is all kinds of disputes about virtual online finance, and then formulate and introce more practical supporting system measures. On this basis, we can levy personal income tax on the income obtained from online trading of virtual online finance, so as to get more understanding and support from all walks of life.
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