【申万宏源海外策略】"税收法定原则"的落地——就近期部分行业涉税相关问题的探讨 伴随着《中华人民共和国增值税法》在2026年1月1日起施行，部分涉税安排在近期有所更新。 我们认为，鉴于新法相关细则已较为明确，以互联网、金融为代表的服务性行业现行的税收安排在短期内发生变 化的概率相对较低。 通信服务的税率变更有历史发展阶段的原因，不宜线性外推：回溯历史，"基础电信服务"和"增值电信服 但伴随着时代的发展，今次利用增值税从行政条例发展成为法律的契机，将今天这个数字时代已经非常普遍的手 机流量和宽带等服务重新定义为"基础电信服务"适用9%的税率，本身就有顺应历史发展的含义。 且当前增值税法及相关实施细则已在近期公布，短期内再次大幅变化的概率相对较低。 根据财政部和税务总局在2026年1月30日发布的《销售服务、无形资产、不动产注释》的规定，金融、信息技术等 业务明确适用6%的增值税率。 在这一规定中，"无形资产"明确提到包括"代理权、会员权、席位权、网络游戏虚拟道具、域名"等"不具实物形 态，但能带来经济利益的资产。 "此外，条例对销售服务亦有明确规定，其中包含"金融服务""信息技术服务"、"电信服务"（除基础电信 ...

[红包]【申万宏源海外策略】"税收法定原则"的落地——就近期部分行业涉税相关问题的探讨 [爱心]伴随着《 查找图书 》在2026年1月1日起施行，部分涉税安排在近期有所更新。我们认为，鉴于新法相关细 则已较为明确，以互联网、金融为代表的服务性行业现行的税收安排在短期内发生变化的概率相对较低。 [烟花]通信服务的税率变更有历史发展阶段的原因，不宜线性外推：回溯历史，"基础电信服务"和"增值电信服 务"的定义范围有所变化，且"基础电信服务"自身的增值税率亦经历了数次下调。在2014年"营改增"时，政策层面 上对"基础电信服务"的定义更多侧重在传统的通话服务方面，适用11%的税率（随后在18和19年响应降税负简化税 率的要求，这一税率逐步下降至今天的9%），而数字时代的手机流量、网络宽带等业务在当时尚认定为"增值电信 服务"，适用6%的增值税率。但伴随着时代的发展，今次利用增值税从行政条例发展成为法律的契机，将今天这个 数字时代已经非常普遍的手机流量和宽带等服务重新定义为"基础电信服务"适用9%的税率，本身就有顺应历史发 展的含义。且当前增值税法及相关实施细则已在近期公布，短期内再次大幅变化的概率相对较低。 [烟花 ...

Core Insights - The report discusses the implementation of the "Tax Law Principle" and its implications for service industries such as internet and finance, indicating that current tax arrangements are unlikely to change significantly in the short term [2][3][12] - The real estate sector is experiencing a favorable shift in financing policies, with REITs and private placements opening new equity financing channels to alleviate financial pressures on real estate companies [3][13] Tax Law Implementation - The State Council approved the "Implementation Regulations of the Value-Added Tax Law of the People's Republic of China" on December 19, 2025, and subsequent announcements have clarified tax details, suggesting stability in tax arrangements for service industries [2][3][12] - The definition of "basic services" in telecommunications is evolving, with mobile data and internet broadband still classified as "value-added services" subject to a 6% VAT rate, while traditional voice services are recognized as "basic services" with a 9% VAT rate [2][3][12] Real Estate Sector Analysis - The financing environment for the real estate industry is improving, with a shift from debt financing to equity financing, including the introduction of REITs and private placements [3][13] - Recent regulatory changes, such as the gradual retreat from the "three red lines" policy, indicate a more supportive financing environment for real estate companies [13] - The report maintains a "positive" rating for the real estate sector, highlighting the potential for recovery in the industry as financing policies become more favorable [3][13] Investment Recommendations - The report recommends several quality real estate companies for investment, including China Jinmao, Poly Developments, and China Resources Land, among others, due to their potential for recovery and attractive valuations [13] - The report emphasizes the importance of monitoring the evolving financing landscape and the impact of government policies on the real estate market [3][13]

Core Insights - The implementation of the "Tax Law Principle" is confirmed with the enactment of the "People's Republic of China Value-Added Tax Law" starting January 1, 2026, replacing the previous interim regulations [3] - The tax arrangements for service industries, particularly in internet and finance sectors, are expected to remain stable in the short term due to the clarity provided by recent regulations [3] Tax Rate Changes - The historical context of tax rates for communication services shows that the definition and tax rates for "basic telecommunications services" and "value-added telecommunications services" have evolved, with the current VAT rate for basic telecommunications services set at 9% [3] - The VAT rate for value-added telecommunications services, which includes services like mobile data and internet access, has been clarified to be 6% under the new regulations [3] Regulatory Clarity - The recent announcement by the Ministry of Finance and the State Taxation Administration on January 30, 2026, specifies that financial and information technology services will be subject to a 6% VAT rate, while only basic telecommunications services are subject to the 9% rate [3] - The definitions and tax classifications have been updated to reflect the current economic environment, indicating a low probability of significant changes in tax arrangements for the service sectors in the near future [3]

2026 年 02 月 03 日 "税收法定原则"的落地 ——就近期部分行业涉税相关问题的探讨 证 券 研 究 报 告 证券分析师 董易 A0230519110003 dongyi@swsresearch.com 王胜 A0230511060001 wangsheng@swsresearch.com 联系人 董易 A0230519110003 dongyi@swsresearch.com 本研究报告仅通过邮件提供给 博时基金 博时基金管理有限公司(researchreport@bosera.com) 使用。1 请务必仔细阅读正文之后的各项信息披露与声明 策 略 研 究 大 类 资 产 配 置 相关研究 - ⚫ 伴随着《中华人民共和国增值税法》在 2026 年 1 月 1 日起施行，而此前的《中华人民 共和国增值税暂行条例》同时废止，部分涉税安排在近期有所更新。我们认为，鉴于国务 院在 2025 年 12 月 19 日已经通过《中华人民共和国增值税法实施条例》，随后财政部 和税务总局在 2026 年 1 月 30 日已发布《关于增值税征税具体范围有关事项的公告》， 相关细则已经较为明确，以互联网、金融为代表的服 ...

Core Viewpoint - The Chinese government aims to improve the local tax and direct tax systems as part of the "14th Five-Year Plan," emphasizing the need for a comprehensive reform to enhance the tax structure and promote economic and social development [1][13]. Summary by Sections Current Status of China's Direct Tax System - Direct taxes in China primarily include income taxes and property taxes, such as personal income tax, urban land use tax, and vehicle and vessel tax [2][14]. - Some taxes, like property tax, have characteristics of both direct and indirect taxes, complicating the classification [3][15]. - The current direct tax system includes 13 types of taxes, with local taxes making up a significant portion, yet the revenue from these taxes is relatively low, totaling over 800 billion yuan in 2024, which is less than half of the national tax revenue [4][16]. Recent Progress in Direct Tax System Improvement - Significant advancements have been made since 2013, including the abolition of certain taxes and the introduction of the environmental protection tax in 2018 [6][18]. - By 2024, direct tax revenue increased from 61,225.9 billion yuan in 2012 to 81,462.6 billion yuan, marking a 33.1% growth, although the proportion of direct taxes in total tax revenue decreased from 60.9% to 46.5% [7][19]. Proposed Measures for Further Improvement - The government may consider simplifying the tax system by integrating various taxes and ensuring a more rational tax burden [8][20]. - There is a need to enhance the legal framework for taxes, particularly for property tax and personal income tax, to ensure effective implementation and compliance [9][21]. - Suggestions include adjusting corporate and personal income tax structures, such as lowering the corporate tax rate from 25% to around 20% and revising personal income tax brackets and deductions [10][22]. - Expanding the scope of direct taxes by merging certain fees and taxes could significantly increase direct tax revenue, potentially raising the proportion of direct taxes in total revenue to 64.5% by 2024 [11][23]. Conclusion - The ongoing efforts to refine China's direct tax system are crucial for enhancing fiscal capacity and ensuring equitable tax distribution, which will support broader economic and social objectives [12][24].

Group 1 - The core viewpoint of the articles emphasizes the need to improve China's direct tax system as part of the broader economic and fiscal reforms outlined in the "14th Five-Year Plan" [1][12] - The current direct tax system in China primarily includes income taxes and property taxes, with a significant portion being local taxes [2][4] - The existing issues within the direct tax system include a high number of tax types, particularly local taxes, and a relatively low income scale from these taxes, which hampers government revenue and the redistributive function of direct taxes [4][5] Group 2 - Recent progress in improving the direct tax system includes the abolition of certain taxes and the introduction of new ones, such as the environmental protection tax, which reflects a shift towards more sustainable fiscal policies [5][6] - The reform of the personal income tax system in 2018 marked a significant change, transitioning to a combined assessment model that aligns with international practices [7][8] - Proposed measures for further improvement include simplifying tax types, enhancing the legal framework for tax laws, and considering pilot programs for new tax implementations [8][9] Group 3 - Specific recommendations for enhancing the direct tax system involve adjusting tax rates and deductions for corporate and personal income taxes to ensure fairness and efficiency [10][11] - The potential expansion of direct taxes could include merging certain local fees into direct tax categories, which would increase the overall share of direct taxes in total tax revenue [11][12] - Overall, the goal of these reforms is to create a more equitable and efficient tax system that supports economic and social development in China [12]

Core Viewpoint - The article emphasizes the need to improve China's direct tax system as part of the broader goal to enhance the local tax system, which is crucial for economic and social development [1]. Summary by Sections Current State of China's Direct Tax System - Direct taxes in China primarily include income taxes and property taxes, such as personal income tax and urban land use tax [2]. - Some taxes, like property tax, have characteristics of both direct and indirect taxes, complicating the classification [3]. - The current direct tax system includes 13 types of taxes, with local taxes making up a significant portion, yet the revenue from these taxes is relatively low, totaling over 800 billion yuan in 2024, which is less than half of the national tax revenue [4]. Progress in Improving the Direct Tax System - Significant progress has been made since 2013, including the abolition of certain taxes and the introduction of the environmental protection tax in 2018 [5]. - As of now, 10 types of direct taxes have been legislated, representing over 70% of the total taxes legislated in China [6]. Further Improvements to the Direct Tax System - Proposed reforms include simplifying the tax structure, consolidating overlapping taxes, and enhancing the legal framework for tax legislation [7]. - The environmental protection tax is set to expand its scope, enhancing its functionality [8]. - Key focus areas for improvement include corporate income tax and personal income tax, with suggestions to adjust tax rates and deductions to enhance transparency and efficiency [9][10]. - There is a proposal to merge certain local fees into direct taxes, which could significantly increase the proportion of direct taxes in total tax revenue [10][11].

Core Viewpoint - The implementation of the Value-Added Tax (VAT) Law in China on January 1, 2026, marks a significant milestone in the legal framework of tax collection, enhancing the certainty and authority of the tax system while optimizing the business environment [2][3]. Group 1: VAT Law Overview - The VAT Law consists of 6 chapters and 38 articles, maintaining the existing tax system framework while solidifying the legal status of VAT as the primary tax type in China [2]. - The law aims to enhance the legal principle of taxation, ensuring sustainable fiscal revenue and supporting the construction of a unified national market [2][3]. Group 2: Taxpayer Definition and Classification - The law specifies that all units and individuals selling goods, services, intangible assets, real estate, or importing goods within China are VAT taxpayers, including individual businesses and natural persons [2][3]. - Small-scale taxpayers are defined as those with annual taxable sales not exceeding 5 million yuan, with significant changes in the timing of registration for general taxpayers once this threshold is crossed [3]. Group 3: Changes in Taxation Rules - The new rules close loopholes for small-scale taxpayers who previously could hide income and face lower tax rates, now requiring them to pay taxes at standard rates if they exceed the 5 million yuan threshold [3]. - Certain transactions, such as the free provision of services, are no longer considered taxable, benefiting businesses by reducing their tax burden [3][4]. Group 4: Impact on Business Operations - The VAT Law eliminates the requirement for businesses to pay VAT on certain transactions, such as free lending or leasing between companies, thus facilitating financial transactions and reducing operational costs [4]. - The law changes the timing of tax obligations for consignment sales, aligning tax payments with actual sales, which alleviates cash flow pressures for businesses [4]. Group 5: Recommendations for Market Participants - Businesses should abandon practices of income concealment and be vigilant about their sales figures to ensure compliance with the new regulations, especially small e-commerce sellers [4]. - Small-scale taxpayers must be proactive in transitioning to general taxpayer status once their sales exceed 5 million yuan and ensure they obtain proper invoices to minimize tax liabilities [4].

Group 1 - The core issue revolves around the new regulations regarding cash withdrawals from banks, particularly the requirement for banks to inquire about the source and purpose of funds for withdrawals exceeding 50,000 yuan, which has been removed [1][2] - The new regulation, effective from January 1, 2026, allows banks to assess the risk level of transactions and decide whether to ask additional questions based on that assessment [1][2] - For low-risk customers, such as those with stable income sources, banks will only need to verify identification without further inquiries about fund usage [1] Group 2 - The new regulations aim to balance financial security and convenience, ensuring that banks can prevent money laundering while not overly interfering with normal financial activities of citizens [2] - The implementation of these regulations is part of a broader set of legal changes taking effect in 2026, which includes updates to laws affecting various sectors such as public security, taxation, and network security [3]