A: According to Item (29) of Article 1 of Annex III of the Notice on Comprehensively Promoting the Pilot Project of Changing Business Tax to VAT (Caishui [2065438+06] No.36), the following items are exempt from VAT:
All the income from advanced courses and training courses organized by the government in institutions of higher learning, secondary schools and primary schools (excluding subordinate units) engaged in academic education belongs to the school.
All belong to the school, that is to say, all the income from holding advanced classes and training courses enters the unified account of the school, is included in the budget, and is turned over to the financial special account for management. At the same time, the school unified management and distribution of related bills.
If the income from holding refresher courses and training courses enters the account opened by the subordinate departments of the school, it will not be exempted from VAT.
Therefore, the income obtained by the school from holding advanced classes and training courses with academic qualifications can be exempted from value-added tax.
Do private schools have to pay corporate income tax on their income?
A: Article 5 of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China on Some Preferential Policies for Enterprise Income Tax (Caishui [2008] 1No.) stipulates that in addition to the Enterprise Income Tax Law, the Regulations for the Implementation of the Enterprise Income Tax Law and the Notice of the State Council on Implementing Transitional Preferential Policies for Enterprise Income Tax (Guo Fa [2007] No.39), Notice of the State Council on Implementing Transitional Tax Preferences for Establishing High-tech Enterprises in Special Economic Zones and Pudong New Area (Guo Fa [2007] No.40) and the preferential policies stipulated in this notice, June 65438+ 10, 2008. All regions and departments shall not exceed their authority to formulate preferential policies for enterprise income tax.
Article 1 of the Enterprise Income Tax Law stipulates that within the territory of People's Republic of China (PRC), enterprises and other income-earning organizations (hereinafter referred to as enterprises) are taxpayers of enterprise income tax and shall pay enterprise income tax in accordance with the provisions of this Law.
Article 3 of the Regulations for the Implementation of the Enterprise Income Tax Law stipulates that enterprises established in China according to law mentioned in Article 2 of the Enterprise Income Tax Law include enterprises, institutions, social organizations and other organizations with income established in China according to the laws and administrative regulations of China.
According to the above provisions, both private schools and public schools are corporate income tax payers under the new tax law. Whether the income obtained can be regarded as tax-exempt income is based on the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Relevant Issues Concerning the Identification and Management of Tax Exemption Qualification of Non-profit Organizations (Caishui [20 18] 13) and the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance of People's Republic of China (PRC) on Tax Exemption Income of Non-profit Organizations (Caishui [2009] 122), as well as Caishui [