1, taxable wages. Cai Shui [2006] No. 126, from July 1, 2006, taxable wages from the original 800 yuan (1,200 yuan in the Northeast) adjusted to 1,600 yuan, the deduction for remuneration for labor income is still 800 yuan. After the merger of the two laws, the taxable salary was canceled, forming a unified salary accounting method for both domestic and foreign capitals, and Article 38 of the Implementation Regulations of the New Enterprise Income Tax Law stipulates that "reasonable salaries and wages actually incurred by an enterprise are allowed to be deducted before tax." In the current tax law, only foreign-invested enterprises and foreign enterprises as well as some high-tech enterprises can enjoy this policy. This provision expands the scope of full pre-tax deduction of wages, of course, mainly eliminates the discriminatory provisions on pre-tax deduction of taxable wages for domestic enterprises, and at the same time avoids the duplication of tax for the same income nature of the income of the employees' wages and salaries. The implementation date is January 1, 2008 onwards.
2. Making up for losses. Originally, only the quarterly profit of foreign enterprises can make up for the previous year's loss. Now the quarterly profit of domestic enterprises can also make up for the previous year's losses, provided that the intermediary organization issued a report or by virtue of the conclusion of the audit of the tax audit.
3, "enterprise income tax annual tax return" of the first line "sales (business) income", the old table for the main business income, the new table includes the main business income, other business income, deemed sales income. On the deemed sales income in the calculation of business entertainment, advertising and business promotion costs, the base did not add in, the enterprise suffered a loss. 2008, the new table (discussion draft) and there are changes, Professor Hou said.
4, changes in the corporate income tax rate, in the past, quarterly profits or new enterprises in the middle of the year profit, converted to the annual tax rate (less than or equal to 30,000 yuan for 18%, less than or equal to 100,000 yuan and greater than 30,000 yuan for 27%, greater than 100,000 yuan for 33%). Now it is changed to directly multiply the amount of profit by the corresponding tax rate can be, do not need to convert the profit into a full year to find the tax rate. Guo Shui Fa [2006] No. 56. Now the unified tax rate after the merger of the two laws is 25%, and the care tax rate is 15% and 20% (for micro-profit enterprises or high-tech enterprises), and the two preferential tax rates stipulated in the implementation rules are 15% and 20% respectively. Among them, enterprises that can apply the 15% preferential tax rate are limited to high-tech enterprises that the state needs to focus on supporting; enterprises that can apply the 20% preferential tax rate are divided into two kinds: first, small and micro-profit enterprises that meet the conditions; and second, non-resident enterprises that have not set up any institutions or establishments within the territory of China, or non-resident enterprises that have set up any institutions or establishments, but have obtained income that is not physically connected with their set up institutions or establishments. The concept described in this Article 2 can be seen as an adjustment to the withholding tax in the old Foreign Enterprise Income Tax Law, which was 10% in the past and has been increased in the new law. Implemented from January 1, 2008, do not want to be confused.
Small micro-profit enterprises are: 1) manufacturing industry, the annual taxable income does not exceed 300,000 yuan, the number of employees does not exceed 100 people, the total assets do not exceed 30 million yuan; 2) non-manufacturing industry, the annual taxable income does not exceed 300,000 yuan, the number of employees does not exceed 80 people, the total assets do not exceed 10 million yuan.
5, advertising costs, business promotion costs and business hospitality used to be calculated on the basis of two, is now changed to one, that is, the "Enterprise Income Tax Annual Tax Return" in the first line of the "sales (business) income" as the basis. At the same time, the advertising expense of garment manufacturing enterprises (since January 1, 2006) has been changed from 2% to 8%. (Guo Shui Fa [2006] No. 107), 25% for the pharmaceutical industry. (Guo Shui Fa [2005] No. 21) advertising expenses, advertising expenses in excess of the percentage can be carried forward indefinitely to future years for deduction. Specifically, 1. Considering the necessary advertising expenditures of high-tech enterprises to promote new technologies, the advertising expenses of high-tech enterprises can be deducted before tax according to the facts; 2. The advertising expenses of grain liquor production enterprises that do not belong to the state-encouraged production projects shall not be deducted before tax; 3. The advertising expenditures of general enterprises shall be deducted according to a certain percentage of the current year's sales revenues (including 2%, 8%, and 25%), and the part of advertising expenditures that exceeds the percentage can be carried forward for The portion exceeding the percentage can be carried forward for deduction in the following years. Advertising and business promotion expenses will be unified at 15% after the merger of the two laws. Advertising expenses in excess of the percentage can be carried forward indefinitely for deduction in future years.
6. Education expenses have been changed from 1.5% to 2.5%. (Cai Shui [2006] No. 88). Education expenses, labor union funds and welfare expenses are always taxable wages for the tax base. Labor union expenses are deducted before tax on the basis of the payment vouchers, and cannot be deducted before tax if they are not submitted. Educational expenses must now be paid out by the enterprise before the pre-tax expense, otherwise the already accrued tax to be adjusted. Welfare payable is not allowed to accrue welfare expense in the new financial rules, the 2008 tax law will be consistent with it. Specific treatment in the 35 Q23 answer.
7, investment income. The old return needs to be reduced to pre-tax investment income, and then find the difference in tax rates to make up for the tax. The new return was changed to not have to be reduced to pre-tax, directly in accordance with the lines in the tax return can be filled out. At the same time, if the enterprise has investment losses, the investment losses of the year can only be made up with the investment income of the year, the year to make up for the incomplete can be made up indefinitely to the next year.
8, on new products, new technologies, new technology development costs. Enterprise technology development costs plus deduction is no longer set up in the current year's expenditures than the previous year's 10% growth in the preconditions. According to the provisions of the pre-tax deduction of 150%, the current year is not enough deduction, you can make up for five consecutive years. At the same time research and development of instruments and equipment, less than 300,000 yuan can be a one-time into the cost, more than 300,000 yuan, you can take the accelerated depreciation (divided into double-declining balance method and sum-of-the-years method). Cai Shui [2006] No. 88
9, public welfare relief donations, the original table in the "non-operating expenditures," now a separate column, the base from the original income before tax adjustments to the income after tax adjustments. Since 2008, the base of public welfare relief donations to the total accounting profit, the proportion of the past 1.5% (financial and insurance enterprises), 3% (general), 10% (culture and art), 100% (red, rural education, the old, the youth) unified for 12%.
10, on the new general principles of finance and the new accounting standards changes, the biggest change is: the new general principles of finance focus on financial management, such as fund-raising management, investment management, capital utilization management, the previous surplus surplus - public welfare can be provided 5%, now only allows legal surplus surplus surplus provided 10%. And the new accounting standards focus on accounting, is the specific recognition and measurement, such as inventory issuance canceled the last-in-first-out method, the introduction of new accounting entries, trading financial assets instead of short-term investments, holding date maturity investments instead of long-term bond investments, long-term equity investments. Intangible assets clarify that goodwill cannot be accounted for as "intangible assets" management. The debit accounts of the eight impairment provisions are unified as "asset impairment loss". No adjustments are allowed when the value of long-lived assets is restored. When a debt is restructured and the debt is settled in cash, the non-operating income from debt restructuring replaces capital surplus - other capital surplus. Settlement of debt with non-cash assets non-operating income - proceeds from the disposal of non-current assets in lieu of operating income - net gain on disposal of fixed assets.
11, the tax bureau to check the taxable income, the original for the check of the tax directly multiplied by 33% to make up for the tax, now check the amount of income into the current year's taxable income, if the loss will not have to make up for the tax, if the profit, you can not make up for the previous year's loss with this profit, but directly make up for the tax, make up for the tax with the applicable tax rate (less than or equal to 30,000 yuan for 18%, less than or equal to 30,000 yuan for 27%). 100,000 yuan and greater than 30,000 yuan is 27%, greater than 100,000 yuan is 33%).
12. Property tax. From January 1, 2006, the property attached to the immovable equipment, such as fire fighting equipment, central air conditioning, drainage equipment, intelligent equipment, etc., these equipment should be incorporated into the value of the property, the property tax. Underground buildings, human defense passages, etc. used for business purposes are also subject to property tax. (State Taxation Development [2005] No. 173). Pure underground buildings used for business property tax at 50%.
13, stamp duty. From January 1, 2006 onwards, the purchase of not required to install the "fixed assets", or need to be installed in the "construction in progress" account to pay stamp duty, the tax rate of 0.3 per thousand. Dazhi Tax Fa [2005] No. 189. Real estate development enterprises, the sale of commercial housing, property rights transfer documents stamp duty from the original three ten thousandths to five ten thousandths. Cai Shui [2006] No. 162. Low-value consumables, capital surplus
14, land value-added tax. Cai Shui [2006] No. 21, from March 2, 2006, individuals or units to buy residential housing to pay land value-added tax. The land value-added tax will be levied in full on those with a service life of less than 3 years, halved on those with a service life of 3-5 years, and exempted from land value-added tax on those with a service life of more than 5 years. In the past, the land value-added tax was temporarily exempted for those who operated in the form of investment or cooperation and ***shared the risk, but it was changed to land value-added tax as long as one of the parties is a real estate development enterprise. Document Guo Shui Fa [2006] No. 187 on Land Value-added Tax Clearance. Document No. 93 of the Great Land Tax Letter [2007].
15. Business tax. Technology development, technology consulting, technology services, technology transfer, these four technologies are exempted from business tax. Among them: technology development, technology transfer business, refers to the natural science field of technology development and technology transfer business. At the same time from January 1, 2006, individuals or individual industrial and commercial households taxable services, rental services, did not reach 3,000 yuan of business tax exemption (in the past for 2,000 yuan) Dazhi tax letter [2005] No. 109 document stipulates that. 2007 and added 2 tax breaks and exemptions: First, from January 1, 2006 to December 31, 2008, the operation of the university logistics entity Student and teacher apartments, canteens located on campus, rental and service income derived from providing logistic services for teaching in colleges and universities, as well as income derived from providing catering services to teachers and students, are exempted from business tax. However, rents and other kinds of service incomes obtained from providing services to social personnel shall be subject to business tax according to the current regulations. Secondly, individuals can be exempted from business tax for three kinds of gratuitous gifts of real estate to others, including inheritance, disposal of inheritance and other gratuitous gifts of real estate, but they have to provide relevant supporting documents.
16. Value-added tax. If a general taxpayer is canceled, or if a general taxpayer in the counseling period turns into a small-scale taxpayer, the input tax does not have to be transferred out, that is, the inventory is not transferred out as input tax. At the same time, if there is a tax credit, there is no need to refund, that is, neither levy nor refund. Goods sold on behalf of more than 180 days did not receive the list of sales or payment for goods are regarded as sales, for the collection of value-added tax. Cai Shui [2005] No. 165
17, personal income tax. Individuals who have not purchased housing for more than five years, according to the transfer of property income from personal income tax. Leaving, retired people re-employment signed labor contracts or agreements, you can deduct 1600 yuan, according to the wages and salaries of the income of nine super progressive tax personal income tax. At the same time, you can also make the "three fees". 2008 implementation of the new provisions.
18, Guo Shui Fa [2006] No. 162, Individual Income Tax Self-Tax Declaration Provisions:
(1) annual income of more than 120,000 yuan;
(2) from the Chinese territory of two or more than two places to obtain wages and salaries;
(3) from the Chinese territory outside of the income;
(4) to obtain taxable income
(5) Other cases stipulated by the State Council.
Recently issued the new Chinese people **** and State Presidential Decree No. 66, on the revision of the "Individual Income Tax Law," the decision on June 29, 2007, that is, Article 12 was amended to read: "the savings deposit interest income on the levy, reduction, suspension of the individual income tax and its specific methods, as stipulated by the State Council. " It is now 5% of the individual interest income.
19, the preferential policies for the resettlement of laid-off workers, Dazhi Taxation [2006] No. 42,
(1) to expand the scope of persons enjoying the preferential policies
The scope of persons enjoying the preferential policies for re-employment tax, in the original state-owned enterprises laid-off and unemployed, the closure of the bankruptcy of the state-owned enterprises need to be resettled, and the enjoyment of the minimum subsistence guarantee and unemployed for more than one year of the urban On the basis of other registered unemployed persons, to expand to the state-owned enterprises run by the collective enterprises (i.e., factory-run large collective enterprises) laid-off workers.
(2) Raising the standard for flat-rate deductions
The standard for flat-rate deductions for the placement of laid-off unemployed persons by enterprises was determined to be RMB 4,800 per person per year. Processing-type enterprises in the labor and employment service enterprises and small business entities with processing nature in the street communities that place laid-off unemployed people, which were originally only entitled to a fixed deduction of RMB 2,000 per person per year for enterprise income tax, are now raised to a fixed deduction of RMB 4,800 per person per year for urban construction tax, education surcharge, local education surcharge and enterprise income tax.
The past placement of laid-off workers 30% of the approval of the Tax Bureau can be fully exempted from sales tax, urban construction tax, enterprise income tax,
20, business hospitality: Domestic enterprises, from the original annual 15 million within 5 ‰, more than 15 million of 3 ‰, foreign-funded enterprises, the original annual net sales of 15 million or less than 5 ‰ net sales, annual net sales of more than 15 million of 5 ‰ net sales. 15 million of net sales does not exceed 3 ‰ of net sales; total annual business income of less than 5 million yuan, shall not exceed 10 ‰ of total business income, total annual business income of more than 5 million yuan, shall not exceed 5 ‰ of total business income. After the merger of the two laws, unified and business-related business hospitality expenses of 50% of pre-tax expenses.
21, on the changes in the vehicle and vessel tax, the State Administration of Taxation Decree No. 46, see the July 20 meeting materials on page p132 (name changes, changes in cost standards).
22, on the change of land use tax, the State Council Decree [2006] No. 483, the Dalian Municipal Government issued a document Dazhengfa [2007] No. 74 since January 1, 2007 (changes in the foreign capital to pay the tax, changes in the standard of fees).
23, "on the use of value-added tax invoices supplemental notice" Guo Shui Fa [2007] No. 18
24, Guo Shui Fa [2006] No. 31 document for the real estate development enterprises advertising costs, business hospitality, business promotion costs of the calculation of the base, pay attention to in addition to the main business income, other business income, deemed sales of advance income, shall not be done for the three fee calculation Base, until the real turn into income can be calculated for the base of the three fees. The first sales revenue before the three fees can be carried forward to the next year, the carry-over period shall not exceed three tax years. At the same time, the State Tax Administration [2003] No. 83 is abolished.
25, Cai Shui [2006] No. 1 document provides that: the provisions of this regulation since January 1, 2006 onwards, the new enterprises in the enjoyment of enterprise income tax regulations period tax reduction or tax exemption preferential policies, from equity investors and their affiliates cumulative acquisition of non-monetary assets exceeding 25% of the registered capital, will no longer be entitled to the preferential policies of the relevant enterprise income tax reductions and exemptions. For example, a newly established independent accounting enterprise engaged in consulting industry is exempted from income tax for the first to the second year from the date of its opening. New independently-accounted enterprises engaged in transportation, post and telecommunications are exempted from income tax for the first year from the date of their opening, and are subject to a 50% reduction in enterprise income tax for the second year. New independently accountable enterprises engaged in commerce, tourism, catering, education and culture are exempted from income tax for the first year and reduced by half for the second year upon approval by the competent tax authorities from the date of opening.
26. Circular on Preferential Policies for Promoting the Employment of Persons with Disabilities, Cai Shui [2007] No. 92.
The specific limit of refundable VAT or reduced business tax per year for each disabled person actually placed shall be determined by the tax authorities at or above the county level on the basis of six times the minimum wage standard approved by the people's government at the provincial (including autonomous regions, municipalities directly under the central government, and municipalities separately listed in the plan, hereinafter) level applicable to the district and county where the unit is located, but shall not be exceeded by more than 35,000 yuan per person per year.
27, "Notice on Enterprise Income Tax Treatment Issues Related to Enterprise Policy Relocation Income" Cai Shui [2007] No. 61
Five points of enterprise income tax treatment shall be carried out for the policy relocation income obtained by enterprises in the following manner:
(a) Relocating enterprises shall, according to the rules of relocation, use the income from enterprise relocation to purchase or construct fixed assets and land of the same or similar nature and purpose as those before the relocation. nature, use of fixed assets and land (hereinafter referred to as replacement of fixed assets), as well as technological transformation or relocation of employees, the relocation income of the relocating enterprise is allowed to deduct the cost of replacement of fixed assets, technological transformation and relocation of employees, and the balance of the relocation income will be included in the taxable income of the enterprise.
(2) If an enterprise does not use the above relocation income for the replacement of fixed assets or technological transformation due to reasons such as conversion of production and business direction, but uses the relocation income for the purchase of other fixed assets or other technological transformation projects, the relevant costs can be deducted from the enterprise's policy relocation income, and the remaining balance will be included in the enterprise's taxable income.
(3) If a relocated enterprise does not have a plan or project report for the replacement of fixed assets, technological transformation or the acquisition of other fixed assets, the relocation income plus the income from the sale of all types of demolished fixed assets, less the depreciated value of all types of demolished fixed assets and the disposal costs, shall be included in the enterprise's taxable income for the year, and the calculation of the enterprise income tax shall be made.
(d) Fixed assets purchased by relocated enterprises using policy relocation income can be depreciated or marketed in accordance with current tax regulations and deducted before enterprise income tax.
(e) Within five years from the second year of the planned relocation, the relocation income obtained by the relocating enterprise shall not be counted as the taxable income of the enterprise for the year; if the relocation is completed within the five-year period, the relocation income of the enterprise shall be deducted from the relevant costs and expenses in accordance with the above provisions, and the balance shall be incorporated into the taxable income of the relocating enterprise for the year, and shall be subject to enterprise income tax.
28, 〈Circular on lowering the export tax rebate rate for some commodities〉 Cai Shui [2007] No. 90, self-checked July 20 meeting materials on page 147.
29, "on the transfer of land without land use rights certificates on the tax issues related to the approval of the" State Taxation Letter [2007] No. 645 , see July 20 meeting materials on page P145.
30, "on the taxpayer imported goods VAT input tax credit notice of the relevant issues" State Taxation Letter [2007] No. 350, see July 20 meeting materials on page P130.
31. Changes in fixed asset overhaul expenditures. Measures for Pre-tax Deduction of Enterprise Income Tax" Guo Shui Fa [2000] No. 84 for "repair expenditure incurred to reach more than 20% of the original value of fixed assets". One of the most substantial embodiments of the new EIT law for the fixed asset repair expenditure is the reference to the term tax basis.
The new EIT law clarifies the scope of major repair of fixed assets from a more substantive point of view than the current tax law.
(i) the expenditure incurred is more than 50% of the taxable base of the fixed assets;
(ii) the useful life of the fixed assets is extended for more than 2 years after the repair;
(iii) the performance of the products produced by the repaired fixed assets has been substantially improved, or the selling price of the fixed assets in the market has been significantly increased, or the cost of the fixed assets is significantly reduced;
(iv) other circumstances indicate that the fixed assets after repair have been substantially improved, or the selling price of the fixed assets in the market has been significantly increased, and the cost of the fixed assets has been significantly reduced. (d) Other circumstances indicate that the repair of fixed assets after the substantial improvement in performance, can bring about an increase in economic benefits for the enterprise.
Tax basis is the book value of the accounting operations of the enterprise in accordance with the provisions of the tax law rather than accounting regulations for accounting. Fixed assets with the use of the longer life, after the consideration of the cost-benefit ratio, usually the repair expenditure is also gradually reduced, so it is impossible to invariably always in the original value of more than 20%, with the existence of depreciation phenomenon of fixed assets in the special circumstances of the repair expenditures is also a dynamic process of decreasing, so the provisions of the new enterprise income tax law is more realistic and reasonable.
32, after the introduction of the new accounting standards, changes in accounting (19 30 subject changes)
1) "cash" restored to "cash on hand" (cash in the narrow sense).
2) "Short-term investments" is changed to "financial assets for trading" and "available-for-sale financial assets".
3) "Long-term debt investments" is changed to "Held-to-maturity investments".
4) "Provision for impairment of short-term investments" and "Provision for impairment of long-term equity investments" were merged into "Provision for impairment of held-to-maturity investments".
5) "Material purchases" was restored to "Material purchases".
6) "Materials in transit" was changed to "Materials in transit".
7) Packaging and low-value consumables are unified to the "working capital materials" account.
8) "Deferred Tax" is divided into "Deferred Tax Assets" and "Deferred Tax Liabilities".
9) "Short-term bonds payable" was changed to "Financial liabilities for trading".
10) "Taxes payable" and "Other payables" are abolished and unified as "Taxes payable".
11) "Salary payable", "Welfare payable", "Labor Union Funds" and "Employee Education Funds" are abolished and unified as "Employee Education Funds". The accounts of "Salary Payable", "Welfare Payable", "Labor Union Expenses", and "Employee Education Expenses" have been abolished and unified as "Employee Compensation Payable".
12) "Other operating expenses" was changed to "Other operating costs".
13) "Main business taxes and surcharges" was changed to "Business taxes and surcharges".
14) Cancel the "Operating Expenses" account to restore "Selling Expenses".
15) "Goodwill" is separated from intangible assets to a first-level account.
16) "Income Tax" was changed to "Income Tax Expense".
17) "Subsidies receivable" was abolished and incorporated into "Other receivables"
18) "Amortized expenses" and "Accrued expenses" were abolished. "Accrued expenses". (
19) "Investment properties", "Research and development expenditures", "Accumulated amortization", "Unwarranted residual value", "Inventories", "Other receivables" are newly added. ", "Treasury stock", "Gains and losses on changes in fair value", "Long-term receivables", "Unrealized financing gains".