问题 单项选择题

下列关于金融业营业税计税营业额的确定方法,符合营业税法律制度规定的是( )。

A.债券买卖业务,以卖出价为营业额
B.融资租赁业务,以其向承租者收取的全部价款和价外费用(包括残值)减去出租方承担的出租货物的实际成本后的余额为营业额
C.一般贷款业务,以贷款利息收入减去借款利息支出后的余额为营业额
D.金融经纪业务,以金融服务手续费收入减去相关成本后的余额为营业额

答案

参考答案:B

解析: 外汇、股票、债券、期货等金融商品买卖业务,以卖出价减去买入价后的余额为营业额,即本期营业额=卖出价-买入价;一般贷款业务以利息收入全额为营业额(包括各种加息、罚息);金融经纪业务和其他金融业务,以金融服务手续费等收入为营业额。

单项选择题
问答题

In January 2011 Mr Fang, the owner of a private enterprise, entered into a loan agreement and a mortgage agreement with a local credit association (Credit Association) to borrow RMB 2 million yuan for one year to meet the needs of his business operation, and provided his own house as the subject matter under the mortgage agreement. After the conclusion of the mortgage agreement, Mr Fang and Credit Association went to register the mortgage agreement with the local real estate registration centre.In June 2011 Mr Fang leased the same house to Ms Lee for a period of two years.Due to the sudden change of the market and poor operation of his enterprise, Mr Fang was unable to repay the principal and interest as agreed when the loan matured at the end of January 2012. Credit Association filed a lawsuit in the people’s court and obtained a judgement in favour of its claim for the principal RMB 2 million yuan plus interest.Credit Association then advised Ms Lee to leave the house, as it has been authorised by the people’s court to organise a public auction to sell the house for the enforcement of the judgement. Ms Lee refused to leave the house on the grounds that the lease agreement was an effective one between Mr Fang and herself and would last until the end of June 2013. In addition, Credit Association’s right of mortgagee should not affect her right under the lease agreement.Required:Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:

(a) state whether Ms Lee’s grounds for refusal to leave the house can be established. (5 marks)