“营改增”造价税改九大问题全解析

一、营改增将冲击原有造价模式

营改增对工程造价产生全面又深刻的影响。

营改增不只是税制的变化,而是一切都变了,甚至一切都乱了。其影响的规模和深度,可能不亚于1994年的那一场分税制改革。分税制本质中央与地方税收归属的调整,造成“央富地穷”。而营改增是税制与税率的调整,可能会“国富民穷”。根据之前的营改增试点,企业税负大幅增加。营业税是价内税,全额征税;增值税是价外税,差额征税。增值税作为价外税,其税负理论上应由消费者承担,它完全颠覆了原来建筑产品的造价构成。不仅对建企自身产生影响,而且通过企业对整个产业链、上下游产生影响。 “营改增”将冲击原有造价模式,解构目前的造价体系,其课税对象、计税方式以及计税依据都将发生重大变化,工程计价规则、计价依据、造价信息、合约规划等都发生深刻的变革。

二、营改增的核心是抵扣链打通

根据理论测算,营改增减轻税负83%;而根据实际测算,增加税负93%,折合营业税率5.8%,原来建筑业营业税3%。有的明赚实亏,有的明亏实赚,这完全取决于有多少可抵扣的进项税。

营改增的核心是抵扣链条打通,环环相扣,层层抵销。但由于实际操作中存在有的可抵扣,有的不能抵扣;有的抵扣多,有的抵扣少;有的是一般纳税人,有的是小规模纳税人。小规模纳税人是年应税销售额标准小于500万及不经常发生应税行为。小规模纳税人可以转为一般纳税人,但一般纳税人通常不能转为小规模纳税人或转换的流程复杂。

三、营改增的计价规则是“价税分离”

因税率不同,可抵扣规则也不同,定价、组价、计价、报价和造价就变得异常繁琐。既然如此,营改增下的计价规则应该“价税分离”,全部采用“裸价”,人工、材料、机械等全部“价税分离”,信息价和市场价采集与发布都要“价税分离”,还须考虑市场价格上行因素,重构计价体系。新计价体系会更加严谨,更加精细,更加复杂。

之前,造价税金按综合费率计取为3.41%,已考虑建企的其他附加税。

根据模型测算,价税完全分离模式与税率直接转换不变更原有分项计价方式的造价大致接近。

根据建标办[2016]4号文“住房城乡建设部办公厅关于做好建筑业营改增建设工程计价依据调整准备工作的通知”,工程造价=税前工程造价×(1+11%)。11%为增值税率,税前工程造价=人工费+材料费+机械费+管理费+利润+规费+措施费(原文件无,此为笔者所加,此项必不可少)。各费用项目均以不包含增值税可抵扣进项税额的价格计算,即全部以“裸价”计算,如果人工费、材料费、机械费等是含税价格,那么,还得剥离其中的税额。

根据营改增对比模型分析和测算,营改增增加造价。如人工费含税价格为1万元,那么造价中人工费价格是多少?如果是按一般纳税人计税造价中人工费价格=10000÷(1+11%)=9009元;如果是按简易计税造价中人工费价格=10000÷(1+3%)=9708.74元。

如钢筋含税价格为1万,那么造价中钢筋价格是多少?如果是按一般纳税人计税造价中钢筋价格=10000÷(1+17%)=8547元;如果是按简易计税造价中人工费价格=10000÷(1+3%)=9708.74元。

在计算所有费用时都要分一般纳税人和小规模纳税人两种,情况变得异常复杂。计价时都先了解供应商的纳税类型,都要对销售价格进行价税分离和销售不含税价格与销售含税价格进行换算,这让人崩溃。营改增是民之所恶还是所好?民之恶则去之,民之所好则给之,而不能反其道行之。

四、只有当进项税率大于8%,建企的税负才减轻

建筑业是房地产业最主要的上游供应商,它获得的抵扣相比下游的房地产企业要少。

原营业税制下的建企税负=(结算工程造价-分包造价)×3%,各项费用均为含税价格。(其他附加税率不变)

增值税制下的建企增值税税负率=(不含税收入-进项税额)÷不含税收入

只有当进项税额率>8%,增值税制的企业税负率小于原营业税率3%。但取得进项税额率>8%谈何容易。

应纳税额=销项税额一进项税额。销项税额=销售额×税率。销售额=含税销售额÷(1+税率)。销售额不含税。建企的进项税额包括大宗材料和分包商。

大宗材料如果一般纳税人增值税率17%,可抵扣;如果小规模纳税人,适用简易计税方法,征收率3%,不得抵扣。

分包商如果一般纳税人增值税率11%,可抵扣;如果小规模纳税人,适用简易计税方法,征收率3%,不得抵扣。

五、如何处理营改增后的“甲供”与“专业分包”

在原有的税制下,大宗材料“甲供”是双刃剑,并不一定有利于甲方或乙方,对甲乙双方都是利弊相当,因为不存在可抵扣进项税额的规定。

营改增后,谁采购进货谁就能获得可抵扣的进项税额,所以,它就是利益,寸土必争。大宗材料如果是甲供,建设单位可以享受抵扣此进项税,而承包商失去这块利益。所以,以后承包合同对甲供必然成为博弈的焦点。如果钢筋和混凝土甲供,建企几乎没有什么进项税可抵。

至于专业分包,几乎就是腐败的产物,就是建设单位的利益平衡,那是行业内通行做法,建企是很无奈的。其实,肢解分包是违反《建筑法》的,但大家都习惯了,且法不责众,所以,不以为怪了。如门窗等工程,难道总承包没有能力做吗?难道总承包不会找专业的门窗公司?

营改增对建企不利,对房企有利。根据现在的承发包模式,工程肢解,造价也被肢解。说是总承包,实际只做毛坏,其他一般均采用专业分包形式,甚至土建的桩基工程、土方工程、门窗工程、防水工程、保温工程、外墙涂料或面饰工程、金属栏杆等均分包,这样,建企可抵扣的进项税没多少,而房企的可抵扣的进项税很多。

营改增后,因涉及抵扣进项税,所以,专业分包这些潜规则将改写或重新约定总包费率。

六、营改增人工费如何处理

分包商是一般纳税人还是小规模纳税人,区别太大了。由于建筑行业的劳务分包大都属于小规模纳税人,无法抵扣,而工程造价中人工成本又是大头,占总造价约30%。销项税交了很多,高达11%,但进项税抵扣得很少甚至没有。如果不计进项税额,企业税负大幅增加。即使计入进项税额,由于取得进项税抵扣凭证难度大,实际可抵扣的进项税额也有限。

某工程劳务费100万(含税)

如劳务公司是小规模纳税人,征税率3%,不含税劳务费=100÷(1+3%)=97.087379万,税额=97.087379×3%=2.912621万。此税额建企不能抵扣。

如果劳务公司是一般纳税人,增值税率11%,不含税劳务费=100÷(1+11%)=90.09009万,税额=90.09009×11%=9.90991万。此税额建企可以抵扣。同样的劳务费支出,仅仅因为劳务公司的纳税人类型不同,而对建企的利润产生重大的影响,占劳务费约9.9%。

对于造价人员来说,其复杂性在于造价中的工人费不等于实际分包的劳务费。

人工费=定额人工含量×信息价人工费(或投标人工单价)

而劳务费一般是根据市场行情和双方约定,按每平方多少价格简易计价。

这就是定额计价模式本身的缺陷,与市场严重脱节。

人工费不含税如何处理?根据目前的情况只能在信息价上作处理,价税分离,然后,计价时取不含税人工费即可。那么,问题又来了,人工费税率是多少,是否还得分小规模纳税人和一般纳税人。营改增企业税负增加,造价人员工作难度增加。

七、营改增合同如何签订

由于建筑业普遍存在挂靠、资质共享、转包、分包等形式,营业税制下这些都不是大问题,然而,营改增后问题就就来了。

合同签订主体与实际施工主体不一致,进销项税无法匹配,无法抵扣进项税。

中标单位与实际施工单位之间无合同关系,无法建立增值税抵扣链条,不能实现分包成本进项税抵扣,影响进项税抵扣。

内部总分包之间不开具发票,总包方无法抵扣分包成本的进项税。

物资、设备机械大多采用集团集中采购模式,以降低工程成本。由于合同签订方与实际适用方名称不一致,无法实现进项税额抵扣。需要调整原有的经营模式,统谈、分签、分付,才能抵扣。

八、营改增存在大量无法抵扣

项目零工的人工成本和建企员工的人工成本难以取得可抵扣的进项税。为获得进项税额抵扣,必须全部外包,且外包单位具备一般纳税人资格。

施工用的很多二三类材料(零星材料和初级材料如沙、石等),因供料渠道多为小规模企业、私营企业或个体户,通常只有普通发票甚至只能开具收据,难以取得可抵扣的增值税专用发票。

工程成本中的机械使用费和外租机械设备一般都开具普通服务业发票。

BT、BOT项目通常需垫付资金,且资金回收期长,其利息费用巨大,也无法抵扣。

甲供、甲控材料建企无法抵扣。

施工生产用临时房屋、临时建筑物、构筑物等设施不属于增值税抵扣范围。

九、营改增造价人员应提高定价能力

如果建企不熟悉营改增的规则,不打破思维定势,不调整投标策略,不根据新税制进行合约规划,不争取到更多的可抵扣进项税,不增强建企的定价、报价和谈价能力,就会蚕食建企本就微薄的利润。我国现行建筑计价模式由于存在“政府定价”“信息价”等非完全市场经济因素,因而存在着政策制度和实际操作上的矛盾。

营改增,不仅增加建企的税负,而且增加建企的风险。建企的赢利取决于可抵扣进项税额的多少。如果可抵扣进项税额少或没有,则面临亏损风险。

建筑行业本身就是微利行业,行业平均净利润不过是2%左右,营改增后导致净利润率或将大幅下降,这点利润可能还不够多交纳的税金,可能出现整体性行业性亏损。建筑业粗放落后,有专家说营改增有利于提升管理水平,这怎么可能,如此重的税负将压跨许多企业。

“营改增”牵一发而动全身。不管是建企还是房企制定出应对营改增方案,并不断进行方案优化。造价咨询公司应发挥专业优势,尽快为委托方提供最优解决方案。

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