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奂熹说税|新增值税法下企业资金借贷核心规则解析
Jing Ji Guan Cha Bao· 2026-01-12 04:16
Core Viewpoint - The legislative process of the Value-Added Tax (VAT) Law has focused on the issue of input tax deduction for loan services, which directly impacts corporate financing costs and tax burdens. The VAT Law will take effect on January 1, 2026, with the implementation regulations published on December 30, 2025, clarifying current rules and leaving room for future policy optimization [1]. Group 1: Loan Service Input Tax Deduction - The current VAT system has prohibited the deduction of input tax on loan services, which has been a contentious issue, particularly for capital-intensive industries like finance and real estate, increasing corporate financing costs [2]. - The deletion of the prohibition on input tax deduction for loan services in the VAT Law aligns with the logic of VAT reform and signals a positive policy adjustment, allowing companies to reasonably expect future deductions [2][3]. - The implementation regulations maintain the current prohibition on input tax deduction for loan services, indicating that there will be no comprehensive opening in the short term, which has garnered widespread attention from businesses [3]. Group 2: Future Policy Optimization - The temporary nature of the current prohibition on loan service deductions is emphasized, with a commitment from fiscal and tax authorities to evaluate the policy's effectiveness over time, suggesting potential future adjustments based on economic conditions and administrative capabilities [4]. - The legislative framework allows for easier policy adjustments at the State Council level without needing to amend the law, which could facilitate gradual opening of deductions based on industry and scenario trials [4]. Group 3: Non-Compensated Lending - The new VAT Law provides significant benefits by removing the requirement for non-compensated loans to be treated as taxable sales, which previously applied only to non-group enterprises [5][6]. - Starting January 1, 2026, non-compensated loans between enterprises will no longer fall under the VAT taxable scope, significantly reducing the tax burden associated with such transactions [6]. - Companies must remain aware that corporate income tax policies remain unchanged, and non-compensated loans must adhere to independent transaction principles to avoid tax complications [6].