A company involved in re-export trade business inquired whether re-export trade requires stamp duty, the basis for calculating the payable amount, and practical operational considerations. The best answer indicates that re-export trade requires stamp duty, calculated based on the amount stated in the contract and the prescribed tax rate, such as purchase and sales contracts being stamped at 0.03%. Practical operations require accurate determination of contract nature, timely declaration, and so on.
What items are considered the basis for stamp tax calculation in agency import business?
Resolved
Our company recently has agency import business, and we want to understand what is actually subject to stamp tax in the process of agency import? Is it the amount of imported goods, or the amount of the agency contract, or are there other calculation methods? We hope to get accurate and detailed answers so that we can correctly calculate and pay stamp tax and avoid tax risks.
Trade Expert Insights Answers
David ChenYears of service：10Customer Rating：5.0
Trade Compliance AdvisorStart a Chat
In agency import business, the basis for stamp tax calculation needs to be considered case by case. If an agency contract is signed for agency import, generally the agency amount indicated on the agency contract is used as the tax basis for stamp tax calculation. For example, in Zhongmaoda's agency import business, if the contract stipulates an agency fee of 1 million yuan, then this 1 million yuan will be the base for calculating and paying stamp tax according to the stamp tax rate corresponding to the "commission agency contract".
If the agency import business involves a cargo purchase contract, when the contract separately states the agency amount and the cargo amount, the cargo amount is taxed at the "purchase and sale contract" rate, and the agency amount is taxed at the "commission agency contract" rate. If not separately stated, generally the entire amount stated in the contract will be taxed at the "purchase and sale contract" rate.
Therefore, the key is to clarify the nature and terms of the contract, accurately determine the tax basis, and comply with stamp tax payment.
Anthony LuoYears of service：10Customer Rating：5.0
Trade Compliance ExpertStart a Chat
Generally speaking, if it is purely a service agency contract, then stamp tax is basically calculated based on the agency fee in the contract. For instance, if you act as an agent for clients to import goods and the contract specifies an agency fee, then this agency fee amount will be used for tax calculation.
Olivia LiuYears of service：6Customer Rating：5.0
Foreign Exchange Risk ManagerStart a Chat
If the agency import contract does not clearly state the amount, and there is an actual settlement amount later, the settlement amount will be used to calculate stamp tax; if not yet settled, stamp tax will be paid at a fixed amount of 5 yuan first, and then supplemented after the actual settlement.
Daniel KimYears of service：4Customer Rating：5.0
Commodity Inspection and Quarantine ConsultantStart a Chat
If agency import involves international freight forwarding, the freight and other miscellaneous fees indicated on the international freight forwarder's specialized invoice are not subject to stamp tax and do not need to be taxed.
Sophia WangYears of service：6Customer Rating：5.0
International Logistics CoordinatorStart a Chat
If a framework agreement is signed during agency import, and it is executed in batches later, stamp tax will be paid at 5 yuan when the framework agreement is signed, and then taxed based on the actual amount during actual execution.
Thomas LiYears of service：7Customer Rating：5.0
Import Licensing AdvisorStart a Chat
If there is subcontracting in the agency import business, the subcontracted agency contract also needs to be taxed separately, based on the contract amount and the corresponding tax rate.
Michael ZhangYears of service：10Customer Rating：5.0
Customs Clearance SpecialistStart a Chat
If the agency import contract includes multiple different businesses, and they can be accounted for separately, they will be taxed separately according to their respective tax rates; if they cannot be separated, the highest applicable tax rate will be used for taxation.
Linda GuoYears of service：3Customer Rating：5.0
Trade Dispute MediatorStart a Chat
When the agency import contract includes both cargo amount and service amount, and they are listed separately, the cargo will be taxed according to the purchase and sale contract, and the services will be taxed according to the service contract tax rate; if not listed separately, it will be taxed according to the cargo purchase and sale contract.
Robert TanYears of service：5Customer Rating：5.0
International Market Development AdvisorStart a Chat
For agency import business with periodic settlement, stamp tax can be calculated in a consolidated manner for the settlement period, based on the relevant amounts involved within the settlement period.