I. General provisions
Where the winning income does not exceed 6,543,800 yuan, personal income tax will be temporarily exempted; If it exceeds 6,543,800 yuan, individual income tax shall be levied in full in accordance with the provisions of the tax law. Lottery is an accidental income, so according to the relevant provisions of personal income tax, when the winning amount exceeds the tax-free amount, personal income tax should be paid at the rate of 20%.
Second, the definition of lottery
Lottery, also called lottery, is a way to raise money by drawing lots to win prizes, not gambling. The English name of the lotteryticket is "Lotteryticket". The lottery ticket is explained like this: "commonly known as' pigeon ticket'. A voucher issued by a lottery ticket to raise funds or raise funds. " The Modern Chinese Dictionary explains lottery and lottery respectively in this way: "Lottery, lottery as a general term." Lottery is a kind of securities marked with numbers and sold at face value. After the lottery, those who hold the lottery ticket with the winning number can receive the prize according to the regulations. Lottery is a kind of voucher issued to raise funds, printed with numbers, graphics, words and face value, which is purchased voluntarily by buyers according to certain rules and whether they get rewards or not.
The winning lottery ticket must be kept well. If they are damaged or altered, they will be invalid. Since the date of the lottery, the bonus is valid for 60 natural days, and the prize will be automatically abandoned after the deadline, and the bonus amount will be included in the lottery public welfare fund according to the relevant provisions of the state.
Third, tax calculation.
1. The national tax of lottery tickets is personal income tax.
2. The state shall be exempted from personal income tax for lottery buyers whose single prize does not exceed 6.5438+0 million yuan.
3. If the buyer pays more than 654.38 yuan +00000 yuan, he shall pay personal income tax of 20% of the total prize according to the national tax law. For example, if the winner wins the grand prize of 20,000 yuan, the personal income tax to be paid is 4,000 yuan, and the actual payment is16,000 yuan.
4. If the single-note bonus is less than 654.38+00000 yuan, and the winner passes the double investment, and the total bonus is more than 654.38+00000 yuan, there is no need to pay tax. For example, the winner's single-note winning amount is 8000 yuan, twice the investment, and the total amount is 16000 yuan. Winners are not required to pay personal income tax.
legal ground
Article 8 of the State Council's Decision on Amending the Regulations for the Implementation of the Individual Income Tax Law of the People's Republic of China.
Forms of personal income, including cash, physical objects, securities and other forms of economic benefits; If the income is in kind, the taxable income shall be calculated according to the price indicated on the obtained certificate. If there is no physical voucher or the price indicated on the voucher is obviously low, the taxable income shall be verified with reference to the market price; If the income is securities, the taxable income shall be verified according to the par price and market price; If the income is other forms of economic benefits, the taxable income should be verified with reference to the market price.
Article 2 of the Individual Income Tax Law of People's Republic of China (PRC)
The following personal income shall be subject to personal income tax:
(1) Income from wages and salaries;
(2) Income from remuneration for labor services;
(3) Income from remuneration;
(4) Income from royalties;
(5) Operating income;
(6) Income from interest, dividends and bonuses;
(7) Income from property lease;
(8) Income from property transfer;
(9) Accidental income.
Individual residents who obtain income from items 1 to 4 of the preceding paragraph (hereinafter referred to as comprehensive income) shall calculate individual income tax according to the tax year; Non-resident individuals who obtain income from items 1 to 4 of the preceding paragraph shall calculate individual income tax on a monthly or itemized basis. Taxpayers who obtain income from items 5 to 9 of the preceding paragraph shall calculate individual income tax separately in accordance with the provisions of this law.
Notice of the Ministry of Finance and State Taxation Administration of The People's Republic of China Municipality on Exempting Individual Income Tax from Winning Sports Lottery.
In order to help mobilize all social forces to support and develop China's sports undertakings, it is decided through research that the income tax policy for individuals to purchase sports lottery tickets will be adjusted as follows: if the one-time winning income does not exceed 1 10,000 yuan, individual income tax will be temporarily exempted; If it exceeds 6,543,800 yuan, individual income tax shall be levied in full in accordance with the provisions of the tax law.