Equipment newly purchased by enterprises from January 1, 218 to December 31, 22.
Announcement No.46 of 218 of State Taxation Administration of The People's Republic of China on the Implementation of Enterprise Income Tax Policies for Equipment and Appliances According to the Enterprise Income Tax Law of the People's Republic of China and its implementing regulations (hereinafter referred to as the Enterprise Income Tax Law and its implementing regulations) and the Notice of the Ministry of Finance and the State Administration of Taxation on the Deduction of Enterprise Income Tax Policies for Equipment and Appliances (Cai Shui [218] No.54), The announcement on the implementation of the enterprise income tax policy on equipment and appliances deduction is as follows: 1. If the unit value of newly purchased equipment and appliances from January 1, 218 to December 31, 22 does not exceed 5 million yuan, the costs and expenses included in the current period are allowed to be deducted when calculating the taxable income, and depreciation is no longer calculated by year (hereinafter referred to as the one-time pre-tax deduction policy). (1) The term "equipment and appliances" refers to fixed assets other than houses and buildings (hereinafter referred to as fixed assets); The term "purchase" refers to purchase in monetary form or self-construction, in which fixed assets purchased in monetary form include purchased and used fixed assets; For fixed assets purchased in monetary form, the unit value shall be determined by the purchase price, relevant taxes and fees paid and other expenses directly attributable to making the asset reach its intended purpose, and for fixed assets built by itself, the unit value shall be determined by the expenses incurred before completion and settlement. (2) The time of purchase of fixed assets shall be confirmed according to the following principles: fixed assets purchased in monetary form shall be confirmed according to the time of invoice issuance, except by installment or credit sale; Fixed assets purchased by installment or credit sale shall be confirmed according to the arrival time of fixed assets; Self-built fixed assets shall be confirmed according to the completion settlement time. Two, the fixed assets in the next month of the month of use belongs to the annual one-time pre-tax deduction. Three, enterprises choose to enjoy a one-time pre-tax deduction policy, the tax treatment of their assets may be inconsistent with the accounting treatment. Four, enterprises according to their own production and operation accounting needs, can choose to enjoy a one-time pre-tax deduction policy. If you do not choose to enjoy the one-time pre-tax deduction policy, you may not change it in future years. 5. The enterprise shall go through the relevant procedures for enjoying the policy in accordance with the Announcement of State Taxation Administration of The People's Republic of China on Issuing the Revised Measures for Handling Preferential Policies for Enterprise Income Tax (State Taxation Administration of The People's Republic of China Announcement No.23, 218), and mainly keep the following information for future reference: (1) Information about the purchase time of fixed assets (such as the invoice for purchasing fixed assets in currency, the description of the arrival time of purchasing fixed assets by installment or credit sale, and the description of the final accounts of self-built fixed assets, etc.). (2) Accounting vouchers for fixed assets; (3) Accounting ledgers for the differences between tax treatment and accounting treatment of assets. 6. Fixed assets with a unit value exceeding 5 million yuan, Still in accordance with the Enterprise Income Tax Law and its implementing regulations, the Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on Improving the Enterprise Income Tax Policy for Accelerated Depreciation of Fixed Assets (Caishui [214] No.75), and the Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on Further Improving the Enterprise Income Tax Policy for Accelerated Depreciation of Fixed Assets (Caishui [215] No.16), The announcement of State Taxation Administration of The People's Republic of China on issues related to tax policies for accelerated depreciation of fixed assets (State Taxation Administration of The People's Republic of China Announcement No.64, 214) and the announcement of State Taxation Administration of The People's Republic of China on issues related to further improving enterprise income tax policies for accelerated depreciation of fixed assets (State Taxation Administration of The People's Republic of China Announcement No.68, 215) and other relevant regulations shall be implemented. It is hereby announced. Interpretation by State Taxation Administration of The People's Republic of China on August 23, 218: Interpretation of the Announcement of State Taxation Administration of The People's Republic of China on the Implementation of Enterprise Income Tax Policy on Equipment Deduction 1. Background of the Announcement In order to further support scientific and technological innovation and promote enterprises to improve quality and efficiency, according to the decision of the State Council, the Ministry of Finance and the State Administration of Taxation issued documents twice in 214 and 215, and issued accelerated depreciation policies for fixed assets, mainly including: First, newly purchased fixed assets by enterprises in six major industries and four key industries. Second, the newly purchased instruments and equipment for R&D, production and operation of small and low-profit enterprises in the above industries, whose unit value does not exceed 1 million yuan, can be deducted once before tax; Third, the newly purchased instruments and equipment specially used for research and development by enterprises in all industries, whose unit value does not exceed 1 million yuan, can be deducted at one time before tax, and accelerated depreciation is allowed if it exceeds 1 million yuan; Fourth, fixed assets with a unit value of no more than 5, yuan held by enterprises in all industries can be deducted at one time before tax. In order to further expand the scope of preferential treatment, guide enterprises to increase investment in equipment and appliances, and improve the enthusiasm of enterprises for entrepreneurial innovation, the executive meeting of the State Council on April 25th decided to expand the scope of preferential policies for one-time pre-tax deduction of fixed assets from newly purchased R&D instruments and equipment with a unit value of less than 1 million yuan to newly purchased equipment and appliances with a unit value of less than 5 million yuan. According to the decision of the State Council, the Ministry of Finance and the State Administration of Taxation jointly issued the Notice of the Ministry of Finance and the State Administration of Taxation on the Policy of Deducting Enterprise Income Tax on Equipment and Appliances (Cai Shui [218] No.54, hereinafter referred to as the Notice), which clarified the one-time pre-tax deduction policy for equipment and appliances. In order to implement the spirit of the the State Council executive meeting and the policy provisions of the Notice, the State Administration of Taxation has formulated this announcement to further clarify the specific implementation caliber and collection and management requirements of relevant policies and ensure the effective implementation of policies. II. Main contents of the announcement (I) Clarifying the one-time pre-tax deduction policy for equipment and appliances The Notice stipulates that from January 1, 218 to December 31, 22, newly purchased equipment and appliances with a unit value of no more than 5 million yuan can be deducted at one time before tax. Considering the wide range of benefits of this policy and the strong willingness of enterprises to enjoy it, in order to enhance the certainty of the policy and facilitate the specific operation, the announcement made clear the relevant implementation caliber: First, the concept of "purchase" was clarified. Acquisition of fixed assets includes outsourcing, self-construction, financing lease-in, donation, investment, exchange of non-monetary assets, debt restructuring and other ways. The announcement makes it clear that "purchase" includes two forms: purchase in monetary form or self-construction. Self-built fixed assets are also included in the scope of preferential treatment, mainly considering that the materials used for self-built fixed assets are actually purchased, so self-built fixed assets are also regarded as "purchased". In addition, the word "new" in "newly purchased" is only different from the original purchased fixed assets, and it is not stipulated that it is necessary to purchase brand-new fixed assets. Therefore, it is clear in the announcement that the fixed assets purchased in monetary form include the used fixed assets purchased by enterprises. The second is to clarify the calculation method of "unit value". The calculation method of unit value was not clear in the previous policy document. After the Notice was issued, many enterprises asked how to determine the unit value of fixed assets, such as whether installation fees were included. In order to unify the policy implementation, the announcement clarified the calculation method of unit value. The calculation method of unit value is consistent with the calculation method of tax basis of fixed assets stipulated in Article 58 of the Regulations for the Implementation of the Enterprise Income Tax Law. Specifically, the unit value of fixed assets purchased in monetary form is determined by the purchase price, related taxes and fees paid and other expenses directly attributable to making the assets reach the intended purpose; The unit value of self-built fixed assets shall be determined by the expenses incurred before the completion settlement. The third is to clarify the principle of determining the purchase time. The implementation time of the one-time pre-tax deduction policy for equipment and appliances is from January 1, 218 to December 31, 22. Therefore, it is necessary to determine whether the equipment and appliances belong to the scope of preferential policies according to the time of purchase. It is clear in the announcement that the purchase time of fixed assets purchased in monetary form is confirmed by the invoice issuing time. However, considering the special situation that installment payment may be invoiced in batches and credit sales will be invoiced after the seller obtains the payment, the announcement makes exceptions to these two situations, and the purchase time is confirmed by the arrival time of fixed assets. For self-built fixed assets, the purchase time is confirmed by the completion settlement time. (II) Defining the time point of one-time pre-tax deduction According to the regulations for the implementation of the Enterprise Income Tax Law, an enterprise shall calculate depreciation from the month following the month when fixed assets are put into use. The one-time pre-tax deduction policy of fixed assets is only a special way of pre-tax deduction of fixed assets, so the time of pre-tax deduction should be consistent with the principle of depreciation calculation of fixed assets. The announcement stipulates this accordingly. For example, if an enterprise purchased a piece of equipment with a unit value of 3 million yuan in December 218 and put it into use in the same month, the equipment can be deducted before tax once in 219. (3) It is clear whether the tax treatment of fixed assets is inconsistent with the accounting treatment, and whether the enterprise adopts the one-time pre-tax deduction method in accounting treatment will not affect the enterprise's enjoyment of the one-time pre-tax deduction policy. When the enterprise enjoys the one-time pre-tax deduction policy, it does not need to adopt the same depreciation method as the tax at the same time. (4) It is clear that enterprises can choose to enjoy the one-time pre-tax deduction policy independently, but those who have not chosen can not be changed. After implementing the one-time pre-tax deduction policy, taxpayers may have complicated tax adjustment problems due to the difference between the depreciation expenses of fixed assets deducted before tax and those in financial accounting, and some fixed assets will have a long accounting period, which will also increase the accounting burden and compliance risk. For loss-making enterprises that can't make profits in the short term, the one-time pre-tax deduction policy will further increase the loss, and due to the limitation of the compensation period stipulated by the tax law, the loss may not be compensated, which actually reduces the pre-tax deduction. In addition, enterprises often do not choose a one-time pre-tax deduction policy during regular tax reduction or exemption. Considering that it is a right of taxpayers to enjoy preferential tax treatment, taxpayers can choose whether to enjoy preferential treatment. Therefore, the announcement stipulates that enterprises can choose to enjoy a one-time pre-tax deduction policy according to their own production and operation needs. However, in order to avoid malicious tax incentives, the announcement clearly States that enterprises have not chosen to enjoy them, and they may not change them in future years. It should be noted that the regulations that cannot be changed in future years are for a single fixed asset. If a single fixed asset does not choose to enjoy it, it will not affect other fixed assets to choose to enjoy the one-time pre-tax deduction policy. (V) Clarifying the management requirements for enterprises to enjoy the one-time pre-tax deduction policy In order to ensure the accurate implementation of preferential policies, the announcement clearly goes through the relevant procedures in accordance with the "Announcement of State Taxation Administration of The People's Republic of China on Issuing the Revised Announcement" (State Taxation Administration of The People's Republic of China Announcement No.23, 218). In addition, on the basis of the preferential items of "accelerated depreciation or one-time deduction of fixed assets" stipulated in State Taxation Administration of The People's Republic of China Announcement No.23 in 218, the relevant contents of the retained reference materials have been adjusted, specifically: information on the purchase time of fixed assets (such as contracts and invoices for purchasing fixed assets in monetary form, descriptions of the arrival time of purchasing fixed assets by installment or credit sale, descriptions of the final accounts of self-built fixed assets, etc.), fixed assets accounting vouchers, and so on. (VI) Clarifying the tax treatment of fixed assets with a unit value of more than 5 million yuan In order to ensure the integrity of the policy, the fixed assets with a unit value of more than 5 million yuan were announced. Still in accordance with the Enterprise Income Tax Law and its implementing regulations, the Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on Improving the Enterprise Income Tax Policy for Accelerated Depreciation of Fixed Assets (Caishui [214] No.75), and the Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on Further Improving the Enterprise Income Tax Policy for Accelerated Depreciation of Fixed Assets (Caishui [215] No.16), The announcement of State Taxation Administration of The People's Republic of China on issues related to tax policies for accelerated depreciation of fixed assets (State Taxation Administration of The People's Republic of China Announcement No.64, 214) and the announcement of State Taxation Administration of The People's Republic of China on issues related to further improving enterprise income tax policies for accelerated depreciation of fixed assets (State Taxation Administration of The People's Republic of China Announcement No.68, 215) and other relevant regulations shall be implemented.