Caishui [20 16] 1 14 No.
All provinces, autonomous regions, municipalities directly under the central government, the finance departments (bureaus), the State Taxation Bureau, the local taxation bureau, and the Finance Bureau of Xinjiang Production and Construction Corps:
According to the relevant provisions of the Enterprise Income Tax Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC), the relevant issues concerning the pre-tax deduction of enterprise income tax for reserve expenses of insurance companies are hereby clarified as follows:
First, the insurance guarantee fund paid by the insurance company according to the following provisions is allowed to be deducted according to the facts before tax:
1. Non-investment property insurance business shall not exceed 0.8% of premium income; Investment property insurance business, with guaranteed income, shall not exceed 0.08% of business income, without guaranteed income, shall not exceed 0.05% of business income.
2. Life insurance business with guaranteed income shall not exceed 0.15% of business income; Life insurance business without guaranteed income shall not exceed 0.05% of business income.
3. Short-term health insurance business shall not exceed 0.8% of premium income; Long-term health insurance business shall not exceed 0. 15% of premium income.
4. Non-investment accident insurance business shall not exceed 0.8% of premium income; Investment in accident insurance business, with guaranteed income, shall not exceed 0.08% of business income, without guaranteed income, shall not exceed 0.05% of business income.
The insurance protection fund refers to the non-governmental industry risk relief fund paid in accordance with the Insurance Law of People's Republic of China (PRC) and the Measures for the Administration of Insurance Protection Fund, which is used to help the insured, the policy transferee company or deal with insurance risks under certain circumstances.
Premium income refers to the insurance premium paid by the insured to the insurance company according to the insurance contract.
Business income refers to the total amount paid by the insured to the insurance company for purchasing the corresponding insurance products according to the insurance contract.
Non-investment property insurance business refers to the property insurance business that only has the function of insurance protection and does not have the function of investment and financial management.
Investment property insurance business refers to property insurance business with insurance protection and investment and financial management functions.
Guaranteed income means that insurance products provide fixed income or minimum income protection in terms of investment income.
Unsecured income means that insurance products do not provide income protection in terms of investment income, and all investment risks are borne by the insured.
Two, the insurance company has one of the following circumstances, the insurance protection fund paid shall not be deducted before tax:
1. The balance of the insurance protection fund of the property insurance company reaches 6% of the company's total assets.
2. The balance of the insurance guarantee fund of the life insurance company reaches 1% of the company's total assets.
3. Insurance companies are allowed to deduct the unearned liability reserve, life insurance liability reserve, long-term health insurance liability reserve, outstanding claims reserve and determined claims reserve in accordance with the relevant provisions of the financial department of the State Council before tax.
1. The unearned liability reserve, life insurance liability reserve and long-term health insurance liability reserve shall be drawn according to the amount determined by an actuary with the qualification recognized by the China Insurance Regulatory Commission or an intermediary agency that issues a special audit report.
Unexpired liability reserve refers to the reserve drawn by the insurer for non-life insurance liabilities that have not been terminated.
Life insurance liability reserve refers to the reserve drawn by the insurer for the life insurance liability that has not been terminated.
Long-term health insurance liability reserve refers to the reserve drawn by the insurer for the long-term health insurance liability that has not been terminated.
2. The withdrawal limit of the reported outstanding claims reserve is 65,438+000% of the insurance claims or payments that have occurred in the current period; The outstanding claims reserve that has occurred but has not been reported shall be drawn according to the proportion not exceeding 8% of the actual claims expenditure in the current year.
The reserve for reported outstanding claims refers to the reserve drawn by the insurer for claims that have occurred in non-life insurance accidents but have not been closed.
The reserve for outstanding claims refers to the reserve drawn by the insurer for claims that have occurred in non-life insurance accidents but have not yet been claimed by the insurer.
Four, insurance companies operating financial subsidies for agricultural insurance, according to the provisions of the financial sector does not exceed the proportion of agricultural insurance catastrophe risk reserve (referred to as catastrophe reserve), the provision of catastrophe reserve, allowed to be deducted before enterprise income tax. The specific calculation formula is as follows:
Catastrophe reserve deducted this year = premium income this year × specified proportion-balance of catastrophe reserve deducted before tax last year.
If the amount calculated according to the above formula is negative, the taxable income of the current year shall be increased.
Financial subsidy agricultural insurance refers to agricultural insurance such as planting, aquaculture and forestry subsidized by governments at all levels in accordance with the central financial agricultural insurance premium subsidy policy.
The stipulated proportion refers to the accrual proportion determined in accordance with the Notice of the Ministry of Finance on Printing and Distributing (Jin Cai [2065 438+03] 129).
Five, the insurance company's actual insurance claims, expenses, should first write off the provisions of the reserve, the part that is insufficient to write off, allowed to be deducted before tax in the current year.
The intransitive verb is notified from 1 October 20 16 1 to February 20201Execution 3 1.
People's Republic of China (PRC) Ministry of Finance State Taxation Administration of The People's Republic of China
20 16 1 1.2