Enterprise income tax remittance refers to the taxpayer, within four months after the end of the tax year (now changed to before the end of May each year), in accordance with tax laws, rules, regulations and other provisions relating to the enterprise income tax, calculate the annual taxable income and the amount of income tax payable on their own, according to the amount of monthly or quarterly prepayment of income tax, to determine the amount of the year should be compensated for or refunded, and fill in the annual enterprise income tax return, to the competent tax authorities for the annual enterprise income tax declaration, provide relevant information required by the tax authorities, settle the annual enterprise income tax. Income tax return, to the competent tax authorities for the annual enterprise income tax declaration, to provide the tax authorities to provide the relevant information required to settle the annual enterprise income tax.
Enterprises with checking account levy (Class A) are subject to the method of remittance, while taxpayers with authorized fixed amount of enterprise income tax (Class B) are not subject to remittance.
The enterprises of category A should consider several aspects to do the remittance:
1. Income: verify whether all the income of the enterprise is accounted for, especially whether the current account still exists which should be recognized as income but has not been accounted for;
2. Costs: verify whether the enterprise's cost carry forward matches with the income and whether it truly reflects the level of the enterprise's costs;
3. Expenses: verify whether the expenses of the enterprise are in accordance with the relevant tax laws. Whether the expenses of the enterprise are in accordance with the relevant tax law, and whether the items of accrued expenses and pre-tax expenses exceed the standards stipulated in the tax law;
4. Taxes: verifying whether the enterprise strives to extract and pay the various taxes;
5. Making up for the losses: making up legally the losses incurred in the previous years with the profits realized in the current year of the enterprise (within 5 years);
6. Adjustments: making adjustments to the above items After making upward and downward adjustments respectively according to the provisions of the tax law, the enterprise's annual taxable income is calculated in accordance with the law, so as to calculate and pay the actual amount of income tax payable for the current year.
The tax policies that enterprises should pay attention to when remitting income tax
The matters that should be adjusted upward in taxable income are:
(1) Wages and salaries
1. Accounting regulations
Article 2 of the Accounting Standard for Business Enterprises (ASBE) No. 9 - Employee Compensation: "Employee compensation. refers to the various forms of remuneration and other related expenditures given by an enterprise to obtain services provided by employees. Employee remuneration includes:
(1) employee salaries, bonuses, allowances and subsidies;
(2) employee welfare expenses;
(3) social insurance premiums such as medical insurance premiums, pension insurance premiums, unemployment insurance premiums, work-related injury premiums, and maternity insurance premiums;
(4) housing provident fund;
(5) labor union expenses and employee education expenses
(6) Non-monetary benefits;
(7) Compensation for the termination of labor relations with employees;
(8) Other expenditures related to the acquisition of services provided by the employees;
2. Provisions of the Tax Law
Article 34 of the Regulations on the Implementation of the EIT Law: Reasonable wage and salary expenditures incurred by the enterprises are allowed to be deducted, and here "reasonable wage and salary expenditures" are deducted. Reasonable salaries and wages" refers to the salaries and wages actually paid to employees in accordance with the salary and wage regulations formulated by the shareholders' general meeting, the board of directors, the remuneration committee or the relevant management organization. Auditors can confirm the reasonableness of wages and salaries according to the following principles:
(1) whether the enterprise has formulated a relatively standardized system of wages and salaries of employees;
(2) whether the wage and salary system formulated by the enterprise is in line with the industry and the regional level;
(3) whether the wages and salaries issued by the enterprise in a certain period of time are relatively fixed, and whether adjustments to wages and salaries are carried out in an orderly manner. The adjustment of wages and salaries is carried out in an orderly manner;
(4) The enterprise has fulfilled the obligation of withholding and paying personal income tax on behalf of individuals in accordance with the law for the wages and salaries actually paid;
In view of the above circumstances, as the auditor in the operation, he should collect the relevant labor contracts, wage payment schedules and the relevant assessment forms and other related information to verify the authenticity of the enterprise's wage and salary payment, the rationality of the enterprise's wage and salary payment, the enterprise's wage and salary payment. The reasonableness.
It is worth emphasizing that the "total wages and salaries" referred to in Articles 40, 41 and 42 of the Regulations for the Implementation of the Enterprise Income Tax Law refers to the total amount of wages and salaries actually paid by an enterprise in accordance with Article 34 of the Regulations for the Implementation of the Enterprise Income Tax Law, and excludes the enterprise's employee welfare, education, labor union funds, pension insurance, medical insurance and other expenses. It does not include employee welfare expenses, employee education expenses, labor union expenses, social insurance premiums such as pension insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing fund. "Salaries and wages" should be charged before tax according to the actual "incurred" amount, and the difference between the withdrawn amount and the actual incurred amount should be adjusted to increase the taxable income.
(B) Employee Welfare Expenses
1, Enterprise Accounting Standards
Enterprise accounting standards, employee benefits as no clear accrual criteria for the form of employee compensation, did not regulate the treatment of existing benefits payable, no longer according to the 14% of the total wages of the employees to provide for employee welfare expenses, and the use of actual expenditure of the treatment method. There is no longer a "welfare payable" level of accounting account. Expenditures that meet the conditions and scope of welfare expenses are charged to cost through the account "Employee Compensation Payable - Employee Welfare", and are eliminated from the account "Employee Compensation Payable - Employee Welfare" when they are actually paid and incurred.
2, the tax law
Enterprise Income Tax Implementation Regulations, Article 40 states: "The employee welfare expenditure incurred by the enterprise, not exceeding 14% of the total wages and salaries actually incurred, are allowed to deduct."
The tax law also specifies the scope of employee welfare expenses. The Circular of the State Administration of Taxation on the Deduction of Wages and Salaries and Employee Welfare Expenses of Enterprises (Guo Shui Han [2009] No. 3) states that the employee welfare expenses of enterprises, as stipulated in Article 40 of the Implementing Regulations, include the following contents:
(1) For enterprises that have not yet implemented the separation of the function of running a social organization, the costs of equipment, facilities and personnel incurred by the welfare departments within the enterprise, including the employee cafeteria, the employee bathroom, barber's office, infirmary, nursery school, nursing home and other collective welfare departments, equipment, facilities and repair and maintenance costs and the wages and salaries of the staff of the welfare departments, social insurance premiums, housing provident fund, labor costs and so on.
(2) Subsidies and non-monetary benefits for employees' health care, living, housing, transportation, etc., including medical expenses paid by the enterprise to employees for overseas medical treatment on official business, medical expenses for employees of enterprises that do not have medical care co-ordination, medical subsidies for the employees' dependent immediate family members, subsidies for heating expenses, summer heat-prevention and cooling expenses for employees, subsidies for employees' difficulties, relief expenses, subsidies for the funding of the employees' canteens, and transportation subsidies for employees. subsidies, etc.
(3) Other employee welfare expenses incurred in accordance with other regulations, including funeral subsidies, compassionate care expenses, settling-in expenses, and travel expenses for family visits.
The tax law specifies that the pre-tax expense of employee welfare expenses shall not exceed 14% of the total wages and salaries, and the exceeding portion shall be treated as a tax adjustment and accounted for as a permanent business.
(C) Labor Union Funds
1, accounting regulations
Enterprise Finance General Rules, Article 44 provides: "Labor Union Funds in accordance with state regulations than the extraction and allocation of labor unions." Trade union funds are still accounted for by the method of accrual and allocation, i.e., 2% of the total wages are used to account for trade union funds.
2, the provisions of the tax law
"The Chinese people *** and the implementation of the State Enterprise Income Tax Law Regulations," Article 41 provides that: "enterprises allocated to the labor union funds, shall not exceed 2% of the total amount of wages and salaries, are allowed to deduct." In the auditing work: whether the trade union funds provided in the accounting of the enterprise can be deducted before tax depends on two prerequisites, firstly, whether the withdrawn trade union funds are allocated to the trade union organization; secondly, whether it obtains the "special receipt for the allocation of trade union funds" issued by the trade union organization, which is a receipt uniformly supervised and printed by the Ministry of Finance and the All-China Federation of Trade Unions, and is uniformly managed by the trade union system. The Special Receipt for Union Funds Disbursement is uniformly supervised and printed by the Ministry of Finance and the All-China Federation of Trade Unions, and is uniformly managed by the trade union system. Trade union funds should be deducted within the prescribed limits according to the amount allocated and paid, not according to the actual number of occurrences.
(D) Employee Education Funds
1. Accounting Regulations
Article 44 of the General Principles of Enterprise Finance stipulates that "Employee education funds shall be used exclusively for the follow-up vocational education and vocational training of the enterprise employees in accordance with the proportion stipulated by the state", and that "Employee education funds shall be still implemented by the method of accrual and allocation. It is calculated at 2.5% of the total wages.
2, the provisions of the tax law
"Regulations on the Implementation of Enterprise Income Tax," Article 42 provides: "In addition to the State Council department in charge of finance and taxation otherwise provided, the expenditure incurred by the enterprise on staff education, not exceeding 2.5% of the gross salary, are allowed to deduct; more than part of the deductions, are allowed to be carried forward to the next tax year, at this point in time, resulting in a temporal Difference, should be done to deal with the tax adjustment project;
"On the views of the management of the extraction and use of enterprise staff education expenditure notice" (Caijian [2006] No. 317 document, the following training can be used as an enterprise staff education and training expenses charged to the scope of:
(1) induction and transfer training;
(2) all types of adaptive training;
(3) job training, vocational skill level training, highly skilled personnel training;
(4) professional and technical personnel training;
(5) training of special operators;
(6) expenditure on outgoing training for employees organized by the enterprise;
(7) expenditure on vocational skill appraisal and vocational qualification certification for employees;
(8) training for employees in the field of vocational skills assessment and vocational qualification certification; and p>(8) the purchase of teaching equipment and facilities;
(9) the cost of self-study incentives for staff positions;
(10) the management costs of staff education and training;
(11) the management costs of the relevant staff education;
It is worth noting that: the enterprise employees to participate in the community's academic education and individuals to obtain a degree to participate in the education, the costs should be borne by the individual employees, not to obtain a degree of on-the-job education. Costs should be borne by individual employees, can not crowd the enterprise's staff education and training funds; but the software production enterprises, staff training costs, can be deducted according to the actual amount incurred in the calculation of taxable income;
In the audit, more than part of the deduction is allowed to be carried forward to the next tax year; in fact, it is permitted to enterprises incurred in the full deduction of the expenditure on staff education funds, but only in the deduction of the time of the deferral.
Employee education expenses of 2.5% of the total annual paid wages as a deduction limit, first according to the number of withdrawals and actual use of the number of comparisons, using the principle of the lower with the deduction limit to determine the amount of pre-tax deductions. If the number of withdrawals is greater than the allowable deduction amount, the income will be increased, and the amount withdrawn and used in excess of the deduction limit will be allowed to be deducted at the end of the following year. If the number of withdrawals is less than the amount of allowable deductions, the income should be reduced if new balances that can be deferred are utilized. The effect of the amount that can be deferred to a future year on the corporate income tax should be accounted for through the "Deferred Income Tax" account to account for the deductible temporary operations. When the amount of previous years, in the current year tax reduction, should be accounted for the reversal of the previous period to recognize the corresponding deferred income tax assets, such as neither in the current year to reduce the income, nor carry forward to future years, should be offset against the deferred income tax assets.
(E) insurance premiums
Enterprises shall be allowed to deduct the "five insurance premiums" paid by the enterprises for their employees in accordance with the scope and standard stipulated by the relevant authorities of the State Council or the provincial people's governments, and the supplemental pension premiums and supplemental medical insurance premiums paid by the enterprises for their investors or employees shall be allowed to be deducted, and the insurance premiums paid by the enterprises for their investors or employees shall be allowed to be deducted if paid by the competent authorities of the State Council in the fields of finance and taxation. Insurance premiums paid by the competent departments of the State Council finance, tax, are allowed to be deducted. Among them:
Housing Provident Fund
1, accounting regulations: enterprises should be in accordance with the State Council, the local government standards, calculate the amount to be included in the "payable to employees - housing provident fund", and according to the benefit of the object to be included in the cost of the relevant assets or current profit and loss, debit: "Production costs", "Manufacturing costs", "Administrative expenses", "Construction in progress", "Research and development expenses", "Employee remuneration payable - housing fund". "R&D expenditures" and other accounts, credit: "Employee compensation payable - housing fund" account.
2. Article 35 of the Regulations for the Implementation of the Enterprise Income Tax Law stipulates that the deduction of basic social insurance premiums such as basic old-age insurance, basic medical insurance premiums, industrial injury insurance premiums, maternity insurance premiums, and housing provident fund paid by the enterprise for its employees in accordance with the scope and standard stipulated by the relevant competent department of the State Council or the people's government of the provincial level is permitted.
In the audit, the accounting is based on the prescribed standard accruals, the tax law also emphasizes that it must be the actual payment of housing fund, if the enterprise is included in the current profit and loss of the housing fund actual number of occurrences〉actual number of payments should be made to tax adjustments, and vice versa, do not make any tax adjustments.
Basic social security contributions, supplemental pension insurance, supplemental medical insurance
1, accounting regulations for the basic social security contributions for employees and supplemental insurance belongs to the category of employee compensation, the enterprise should be in accordance with the State Council, the local government or the standards set by the enterprise annuity plan, the calculation of the amount of payable to the "payable to employees - social insurance premiums". Social insurance premiums", and according to the target beneficiary to be included in the cost of the relevant assets or current expenses, debit "production costs", "manufacturing costs", "administrative expenses", "in-process costs", "in-process costs", "in-process costs", "in-process costs", "in-process costs" and "in-process costs". "The commercial insurance premiums purchased by the enterprise for its employees are included in the employee's remuneration and should be credited to "Social insurance premiums". The insurance premiums purchased by the enterprise for its employees are included in employee remuneration and should be recognized, measured and disclosed in accordance with the Guidelines on Employee Remuneration.
2, the tax law provides that since January 2008, the enterprise in accordance with relevant state policies and regulations, for the enterprise in the service or employment of all employees to pay the supplemental pension insurance premiums, supplemental medical insurance premiums, respectively, within the standard of not more than 5% of the total wages of the employee, in the calculation of the taxable amount of the deduction, more than the portion of the deduction, no deduction.
It is worth noting that Article 36 of the Regulations on the Implementation of Enterprise Income Tax stipulates that, in addition to the personal safety insurance premiums paid by the enterprise in accordance with the relevant provisions of the State for special types of workers and other commercial insurance premiums that can be deducted as stipulated by the competent departments of the State Council in charge of finance and taxation, the commercial insurance premiums paid by the enterprise for the investor or the employee shall not be deducted.
3, business accounting accounting standards in accordance with the prescribed proportion and standards of accruals accounting, but also includes a variety of commercial insurance purchased for employees, while the tax law emphasizes the actual number of payments, for the purchase of commercial insurance, in addition to the provisions of the deduction can be deducted, shall not be deducted before tax. When the actual number of basic social security premiums and supplementary insurance premiums included in the current profit and loss is greater than the actual number of contributions, a tax adjustment should be made, and vice versa, no tax adjustment will be made.
(F) interest expenses
1, accounting regulations: enterprises incurring borrowing costs, directly attributable to the purchase or production of assets eligible for capitalization, should be capitalized and included in the cost of the relevant assets; other borrowing costs, should be recognized as an expense based on the amount of its incurred at the time of the expense, charged to the current period's profit and loss (finance costs, administrative expenses). Assets eligible for capitalization refer to assets such as fixed assets, investment properties and inventories that require a considerable period of time to be purchased and constructed or to be produced before reaching their intended use or sale status. In accounting, the enterprise incurred in addition to the capitalization of interest expenses are included in the financial expenses or administrative expenses;
2, the tax law
(1) "Regulations on the Implementation of Enterprise Income Tax," Article 37, the enterprise in the production of business activities incurred in the reasonable borrowing costs that do not need to be capitalized, are allowed to be deducted.
(2) Article 38 of the Regulations on the Implementation of Enterprise Income Tax stipulates that the following interest expenses incurred by an enterprise in its production and business activities are allowed to be deducted:
1) Interest expenses on borrowings from financial institutions by non-financial institutions, interest expenses on deposits in financial institutions and interest expenses on interbank borrowings, and interest expenses on bonds issued by an enterprise upon approval.
② non-financial institutions to non-financial institutions borrowing interest expenses, not exceeding the amount calculated in accordance with the financial institutions during the same period the same type of loan interest.
3 enterprises from its related parties to accept the bond investment and its equity investment ratio exceeds the prescribed standards and interest expenses incurred, the excess shall not be deducted in the period in which it occurs and in subsequent years. Bond investment and its equity investment specific ratio is: financial enterprises: 5:1, other enterprises 2:1.
3, in the business audit, interest expenses to distinguish between the object of the loan. Enterprises borrowing from financial enterprises, as their interest expenses can be deducted before tax, no need to adjust; enterprises borrowing from non-financial enterprises, interest expenses should be deducted within the limits specified in the tax law.
(VII) business hospitality
1, the accounting system provides for business hospitality incurred by the enterprise, refers to the enterprise in the operation and management of activities for the reception of entertainment and payment of a variety of expenses. Mainly includes business negotiation, product promotion, foreign liaison, public relations contacts, meeting reception, guest reception and other costs incurred, such as hospitality meals, hospitality with cigarettes and tea, transportation costs. The new "Regulations on the Implementation of the Enterprise Income Tax Law" has changed the previous deduction ratio, business hospitality as a reasonable cost of production and operation of the enterprise, the accounting system provides that it can be factually expensed, and the tax law stipulates that it can be deducted before the income tax within a certain ratio, and that the portion in excess of the standard shall not be deducted. In the scope of business hospitality, whether it is the financial accounting system or the old and new tax law has not been given a precise definition, the specific scope of hospitality is as follows:
(1) the production and operation of the enterprise needs to feast or working meal expenses; (2) the production and operation of the enterprise needs to give souvenirs of the expenditure; (3) the production and operation of the enterprise needs to occur in the tourist attractions to visit the fee and the transportation fee and other costs of the expenses;
(3) the production and operation of the enterprise needs to visit the fee and transportation fee and other costs of expenditure. (4) the enterprise production and management needs and incurred business relations personnel travel expenses.
Enterprise accounting standards provide that the business entertainment expenses incurred by the enterprise are included in the "administrative expenses - business entertainment expenses".
2, the tax law. Enterprises should strictly distinguish between business entertainment expenses and meeting expenses, and shall not squeeze business entertainment expenses into meeting expenses. Taxpayers incur travel expenses and meeting expenses related to their business activities, and if the tax authorities require supporting information, they should be able to provide legal documents to prove their authenticity, otherwise they shall not be deducted before tax. The supporting materials for meeting expenses include meeting time, place, attendees, content, purpose, cost standard, payment vouchers and so on. In the accounting of business entertainment expenses should be summarized in accordance with the prescribed subjects, if not in accordance with the provisions of the nature of business entertainment expenses hidden in other subjects, will not be allowed to pre-tax deduction, the "Regulations for the Implementation of the Enterprise Income Tax Law," Article 43 provides that: "enterprises incurred in connection with the production and business activities of the business entertainment expenses incurred in accordance with the incurred amount of 60% deduction, but the highest shall not exceed 5 per cent of the sales revenue (business) income of the year".
Generally speaking, the purchase of gifts for the gift, should be used as business hospitality, but if the gift is the taxpayer's own production or commissioned processing, the image of the enterprise, the product has a mark and publicity role, can also be used as a business promotion costs. At the same time, we should strictly distinguish between the kickbacks to customers, bribes and other illegal expenditures, which can not be used as business hospitality and should be directly adjusted for tax purposes. Business hospitality is limited to hospitality expenses related to business activities, and business activities have nothing to do with the production of employee benefits, employee incentives, commissions arising from the sale of products and services paid to individuals shall not be charged hospitality expenses.
3, business accounting: in accounting, business hospitality incurred by the enterprise is the reasonable needs of business operations and expenditure of all costs, according to the actual amount incurred in the current administrative expenses. And the tax law has a pre-tax deduction amount of the limit, the enterprise as long as the business hospitality, it must be in accordance with the provisions of the tax law for tax adjustments. Business hospitality tax adjustments should be calculated first of all, the actual amount of 60%, and then with the sales revenue (operating) income of 5 ‰ comparison, the amount of the smaller with the actual number of the difference between the number of tax adjustments should be made to increase the project.
(viii) advertising and business promotion expenses
1, accounting regulations: included in the "cost of goods sold - advertising", "cost of goods sold - business promotion expenses" subject.
2, the tax law: "Regulations on the Implementation of Enterprise Income Tax," Article 44 provides that enterprises incurred eligible advertising and business promotion expenses, in addition to the State Council's competent financial and taxation departments, not more than 15% of the current year's sales revenue (business) is allowed to deduct the portion that exceeds the portion of the deduction is allowed to be carried forward to the next tax year, the same as the" employee education expenses". Employee education expenses", will produce timing differences.
3, in the business accounting: in the accounting on the advertising and business promotion costs incurred by the enterprise is also a reasonable business operations and expenditures of an expense, in accordance with the actual number of the full amount of current sales costs. And the tax law for the year the amount of pre-tax deduction is limited, should be adjusted in accordance with the provisions of the tax law for tax purposes.
(IX) commission and handling fees
1, accounting regulations of the commission and handling fees incurred by the enterprise expenditure, in the cost of goods sold in the actual expenses.
2, the tax law provides that "the Ministry of Finance, the State Administration of Taxation on the handling fee enterprises and commissions on pre-tax deduction policy notice" (Cai Shui [2009] No. 29) provides that:
(1) enterprises incurred in the production and operation of the fees and commissions related to the expenditures, not more than the following provisions of the calculation of the limit of the portion of the following are allowed to be deducted; more than the portion of the deduction shall not be allowed to be deducted;
An insurance enterprise: property insurance enterprises, the property insurance enterprise, the property insurance enterprise, the commission is not deducted. p>Insurance enterprises: property insurance enterprises according to the current year's total premium income after deducting the surrender premiums, etc. 15% of the balance of the calculation of the limit (including this number, the same below); life insurance enterprises according to the current year's total premium income after deducting the surrender premiums, etc. 10% of the balance of the calculation of the limit;
Other enterprises: according to the intermediary service organizations or individuals with legitimate business qualifications (excluding the transaction between the two sides and their employees, agents and representatives, etc.) signed a contract with a legitimate business qualification Representatives, etc.) the limit is calculated at 5% of the amount of revenue recognized in service agreements or contracts signed with intermediary service agencies or individuals with legal business qualifications.
(2) The portion of expenditures in excess of the amount of current pre-tax deduction permitted under the Tax Law shall be adjusted for tax purposes during business accounting.
(J) management expenses paid between enterprises
1, the accounting system provides for the accounting according to the actual amount paid directly into the current administrative expenses.
2. Article 49 of the Regulations on the Implementation of Enterprise Income Tax stipulates that management expenses paid between enterprises, rents and royalties paid between business organizations within an enterprise, as well as interest paid between business organizations within a non-banking enterprise shall not be deducted.
Article 1 of the Circular of the State Administration of Taxation on Issues Relating to Enterprise Income Tax Treatment of Expenses Paid for the Provision of Services Between Parent and Subsidiary Companies (Guo Shui Fa [2008] No. 86) stipulates that: "Expenses incurred by a parent company for its subsidiary company (hereinafter referred to as the subsidiary company) for the provision of all kinds of services shall be determined in accordance with the principle of arm's length transactions between independent enterprises, and the price of the services shall be It shall be treated as normal labor expenses of the enterprise for tax purposes", while Article 4 stipulates that "the parent company extracts expenses from the subsidiary in the form of management fees, and the management fees paid by the subsidiary to the parent company as a result shall not be deducted before tax".
3, business accounting if the parent company to provide services to subsidiaries, subsidiaries incurred expenses, allowed pre-tax deductions; if the parent company in the form of management fees charged to subsidiaries, subsidiaries incurred expenses belong to the permanent business accounting, should be made for the tax adjustment.
(xi) fines, penalties, late fees
1, the accounting system provides accounting for the actual amount paid directly into the non-operating expenditure account.
2, the tax law provides that ① tax late payment refers to taxpayers in violation of tax laws and regulations, the tax authorities imposed late payment, no deduction, should be made as a tax increase; ② fines, penalties and confiscated financial losses refers to the taxpayers in violation of the relevant state laws and regulations, fines imposed by the relevant departments, as well as by the judiciary and confiscated financial penalties are administrative fines, no deduction, should be made as a tax increase. be deducted and should be tax adjusted.
3, business accounting accounting is based on the actual occurrence of the actual data deduction; and tax is limited to the deduction.
(xii) donations
1, the accounting system provides for accounting according to the actual amount paid directly into the non-operating expenditure accounts.
2, the tax law provides that donations are divided into: public welfare donations and non-public welfare donations; of which, public welfare donations refers to the enterprise through the public welfare organizations or the people's government and its departments at or above the county level (including the county level), for the "People's Republic of China *** and the State public welfare donations law" stipulates that the donation of public welfare undertakings. Enterprises incurred in the public welfare undertakings of the donation expenditure, shall not exceed 12% of the total annual profits are allowed to deduct. The total annual profit refers to the enterprise in accordance with the provisions of the unified accounting system of the annual accounting profit; and non-profit donations shall not be deducted, should be taxed.
3, business accounting accounting is actually deducted according to the actual occurrence of data, while the tax law emphasizes the first distinction according to the standard, such as public welfare donations expenditure, and then calculate the deduction limit in proportion to the more than part of the tax should be taxed; such as non-profit donations can not be deducted, the full amount of the project to do the tax increase.
(xiii) sponsorship expenditure
1, the accounting provisions of the accounting does not distinguish between the nature of the sponsorship of the nature of expenditures by the actual amount paid directly into the non-operating expenditure accounts.
2, the tax law provides that only advertising sponsorship expenditure can be deducted, and non-advertising sponsorship expenditure can not be deducted, should be treated as a tax adjustment project.
3, the business regulations accounting regardless of the nature of the data actually deducted according to the actual occurrence of data; and tax made a strict distinction, only advertising sponsorship expenditure can be deducted.
(xiv) reserves
In addition to the provisions of the tax law can be withdrawn reserves, other than any form of reserves, shall not be deducted.
Matters subject to reduction of taxable income
I. Income from equity investment Income from dividends, bonuses and other equity investments between qualified resident enterprises is exempted from income tax; a non-resident enterprise that has set up an institution or a place of business within the territory of China obtains from a resident enterprise income from equity investments, such as dividends, bonuses and other equity investments, that is physically connected with the institution or place of business. The above investment income does not include the investment income from holding the publicly issued and listed stocks of resident enterprises for less than 12 months.
II. Income from technology transfer is exempted from enterprise income tax for the portion of the income from technology transfer of a resident enterprise not exceeding 5 million yuan in a taxable year; the portion exceeding 5 million yuan is subject to a 50% reduction in enterprise income tax.
Third, interest income from treasury bonds Enterprises are exempted from enterprise income tax on interest income derived from the purchase of treasury bonds.
Fourth, the loss to make up for the loss of the enterprise, can be used to make up for the next year's income, the next year's income is not enough to make up for, you can continue to make up for the year, but the maximum shall not exceed five years.
V. In addition to the half-reduced enterprise income tax on income from agriculture, forestry, animal husbandry and fishery projects, except for the cultivation of flowers, tea and other beverage crops and spice crops, seawater aquaculture and inland aquaculture, enterprises engaged in other agriculture, forestry, animal husbandry and fishery projects are exempted from enterprise income tax.
VI. The income from investment and operation of public *** infrastructure projects supported by the state shall be exempted from enterprise income tax from the first to the third year, and halved from the fourth to the sixth year from the year in which the project obtains the first production and operation income.
VII. Income from qualified environmental protection, energy-saving and water-saving projects is exempted from income tax from the first to the third year of the tax year in which the first production and operation income is derived from the project, and the enterprise income tax is halved from the fourth to the sixth year of the tax year.
VIII, plus deductions for the development of new technologies, new products, new processes incurred by enterprises in the research and development costs, the formation of intangible assets are not included in the current profit and loss, in accordance with the provisions of the actual deduction basis, in accordance with the research and development costs of 50% of the additional deduction; the formation of intangible assets, in accordance with the cost of intangible assets, the amortization of 150% of the cost of the intangible assets. Enterprise placement of disabled persons, in accordance with the wages paid to disabled employees in accordance with the actual deduction basis, in accordance with the wages paid to disabled employees 100% deduction.
Nine, venture capital enterprises to take equity investment in unlisted small and medium-sized high-tech enterprises for more than 2 years, according to its investment in 70% of the equity held for 2 years in the year offset the venture capital enterprise's taxable income; the current year is not enough to offset, can be carried forward in the next tax year.
Ten, the comprehensive utilization of resources enterprises to the "comprehensive utilization of resources in the enterprise income tax concessions catalog" in the resources as the main raw materials. Income derived from the production of products that are not restricted or prohibited by the state and are in compliance with the relevant national and industry standards shall be reduced by 90% and included in the total income.
XI. When purchasing energy-saving and emission reduction equipment: If an enterprise purchases special equipment for environmental protection, energy and water conservation, and safe production in accordance with state regulations, 10% of the investment in such special equipment can be credited against the enterprise's tax payable for the year.
Twelve, non-taxable income is the financial allocations; the second is the law and into the financial management of administrative fees, government funds; third, the State Council provides for other non-taxable income.
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