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融资租赁固定资产进项税额如何抵扣?
Sou Hu Cai Jing· 2025-07-21 13:33
Core Viewpoint - The article discusses the rules and regulations regarding the deduction of input VAT for fixed assets in financing leasing, differentiating between direct leasing and sale-leaseback models [1]. Group 1: Direct Leasing Model - In the direct leasing model, the lessor purchases or produces assets and directly leases them to the lessee, who pays rent and gains usage rights. The lessee treats this as a purchase of self-owned assets, allowing for input VAT deduction [2]. - Input VAT deduction rules include: 1. Requirement for invoices: The lessee must obtain a special VAT invoice from the lessor, typically at a tax rate of 13% or 9% for real estate [3]. 2. Deduction subject: The lessee must be a general VAT taxpayer (small-scale taxpayers cannot deduct) [3]. 3. Usage restrictions: The leased asset must be used for taxable projects; input VAT cannot be deducted if used for exempt projects, collective welfare, or personal consumption [3]. - The deduction timing is generally aligned with the rent payment period, allowing for input VAT to be deducted in installments as invoices are received [4]. Group 2: Sale-Leaseback Model - The sale-leaseback model involves the lessee selling an asset to a financing lease company for financing purposes, which then leases the asset back to the lessee. This model is defined under specific regulations [5]. - In the sale-leaseback scenario, the sale of the asset to the leasing company is not subject to VAT, and no sales revenue is recognized by the lessee [6]. - If the sale constitutes a substantive sale, the lessee must pay VAT on the sale and can issue a special VAT invoice for the lessor to deduct input VAT; subsequent leasing payments can also allow for input VAT deduction [6].