Withholding and payment of water and electricity charges for construction


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The contract stipulates that the construction water and electricity costs shall be borne by the construction party, but our company is not the owner, and there is no lease contract with the owner.

If the owner is an enterprise, he/she can issue an invoice according to the actual business and the bill receiver’s needs.

In this case, can the owner, as a general taxpayer, issue a special VAT invoice to the construction party? Reply: According to the Decision of the State Council on Amending the Measures of the People’s Republic of China for the Administration of Invoices (Order No.

However, if the cost of water and electricity is included in the contract price, the invoice shall also be provided.

Whether the split sheet method can be used as the pre tax deduction voucher of Party B for these water and electricity charges has not been clearly specified, which has certain risks.

Question: Our company, as the construction party, has signed a general construction contract with the construction party.

587 of the State Council of the People’s Republic of China), “Measures of the People’s Republic of China for the Administration of Invoices” Article 19 When units and individuals that sell goods, provide services or engage in other business activities collect money for business operations, the payee shall issue an invoice to the payer; Under special circumstances, the payer shall issue an invoice to the payee.

(Zhejiang 12366 Center 2021-04-22) The author comments that: at construction sites, the construction party often “borrows” water and electricity from Party A, and the construction party should issue a corresponding invoice if it pays water and electricity fees to the owner or a third party; If water and electricity are supplied by Party A and the cost of water and electricity is not included in the contract price, both parties will not be involved in settlement and invoice.

” If the owner is an individual, according to the current policy, he/she can only issue a special invoice when leasing or selling real estate.

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