Income tax on checking accounts, which can go into the cost, is implemented in accordance with accounting standards.
The corporate income tax law, not specifically on the cost of another constraint. The enterprise income tax law, only on what can be deducted before tax, which can not be deducted before tax to do the constraints.
The enterprise income tax law provides that the reasonable expenses actually incurred by the enterprise in connection with the acquisition of income, including costs, expenses, taxes, losses and other expenses, are allowed to be deducted in the calculation of taxable income. In practice, the calculation of taxable income should also pay attention to three aspects:
① Expenditures incurred by the enterprise should be distinguished between revenue expenditures and capital expenditures. Revenue expenses are directly deducted in the period in which they occur; capital expenditures should be deducted in installments or included in the cost of the asset, not directly deducted in the period in which they occur.
② The non-taxable income of the enterprise for the expenses incurred in the expenditure of the formation of the cost or property, shall not be deducted or calculated corresponding to the depreciation, amortization deduction.
③ Except as otherwise provided in the Enterprise Income Tax Law and these regulations, the actual costs, expenses, taxes, losses and other expenditures incurred by the enterprise shall not be repeatedly deducted.
1. Cost. It refers to the cost of sales, cost of goods sold, business expenses, and other consumptions incurred by the enterprise in the production and operation activities, that is, the cost of the enterprise's sales of goods (products, materials, scraps, scrap, waste materials, etc.), the provision of labor services, the transfer of fixed assets, intangible assets (including technology transfer).
Enterprises must reasonably divide the costs incurred in business activities into direct costs and indirect costs. Direct costs are direct materials, direct labor, etc. that can be directly included in the operating costs of the relevant costing object or labor. Indirect cost refers to multiple departments to provide services for the same cost object *** the same cost, or the same inputs can be manufactured, provide two or more products or services of the joint cost.
Direct costs can be charged directly to the operating costs of the relevant costing object or labor according to the relevant accounting documents and records. Indirect costs must be based on the cause and effect relationship with the costing object, the output of the costing object, etc., in a reasonable way to allocate the costing object.
2. Expenses. Refers to the enterprise each tax year for the production and operation of goods and the provision of services, such as sales (operating) expenses, management costs and financial expenses. The costs have been included in the cost of the relevant costs are excluded.
Selling expenses are expenses incurred for the sale of goods that should be borne by the enterprise, including advertising, transportation, loading and unloading, packaging, exhibition costs, insurance, sales commissions (can be directly identified as import commissions to adjust the cost of goods into the cost), sales commissions, operating leases, and the sales department of the travel expenses incurred, wages, benefits and other costs.
Management costs are the costs incurred by the administrative department of the enterprise for the management of the organization's business activities to provide various support ******.
Finance costs are the costs incurred by the enterprise to raise operating funds, including net interest expenses, net exchange losses, financial institution fees and other non-capitalized expenses.
3. Taxes. It refers to the enterprise incurred in addition to the enterprise income tax and allow the deduction of value-added tax other than the enterprise to pay the various taxes and their surcharges, that is, the enterprise in accordance with the provisions of the payment of consumption tax, business tax, urban maintenance and construction tax, customs duties, resource tax, land value-added tax, property tax, vehicle and vessel tax, land use tax, stamp duty, education surcharge and other taxes and surcharges on the sale of products. These taxes are allowed to be deducted before tax. There are two ways to allow the deduction of taxes: one is deducted in the period in which it occurs; the other is added to the cost of the relevant assets in the period in which it occurs, and deducted in the subsequent periods of apportionment.
4. Loss. Refers to the enterprise in the production and business activities of fixed assets and inventory losses, destruction, scrapping losses, transfer of property losses, bad debt losses, bad debt losses, natural disasters and other force majeure factors caused by losses and other losses.
Losses incurred by the enterprise, less the balance of the compensation of the responsible person and insurance claims, shall be deducted in accordance with the provisions of the State Council's competent departments of finance and taxation.
The assets that have been treated as losses by the enterprise shall be recognized as current income when they are fully or partially recovered in the subsequent tax years.
5. Deduction of other expenses. It refers to the costs, expenses, taxes, losses, in addition to the enterprise in the production and business activities incurred in the production and business activities related to the production and business activities, reasonable expenditures.
Criteria for Deduction Items
When calculating taxable income, the following items can be deducted in accordance with the actual amount incurred or the prescribed criteria.
1. Wage and salary expenses
Reasonable wage and salary expenses incurred by enterprises are allowed to be deducted. Wages and salaries are all the cash or non-cash labor compensation paid to the employees who work in the enterprise or have employment relationship with it in each tax year, including basic salary, bonus, allowance, subsidy, year-end salary increase, overtime pay, and other expenditures related to the position or employment.
2. Employee welfare expenses, labor union expenses, and employee education expenses.
Employee welfare expenses, labor union funds, and employee education expenses incurred by the enterprise are deducted according to the standard, and if they do not exceed the standard, they are deducted according to the actual number, and if they exceed the standard, they can only be deducted according to the standard.
(1) Employee welfare expenses incurred by the enterprise, not more than 14% of the total wages and salaries are allowed to deduct.
(2) The part of labor union funds allocated by the enterprise not exceeding 2% of the total wages and salaries is allowed to be deducted.
(3) In addition to the State Council's financial and tax authorities provide otherwise, the enterprise's expenditure on employee education expenses, not exceeding 2.5% of the total wages and salaries are allowed to be deducted, and the excess is carried forward for deduction in subsequent tax years.
3. Social insurance premiums.
(1) Enterprises are allowed to deduct the "five insurance premiums and one gold", i.e. basic social insurance premiums such as basic pension insurance premiums, basic medical insurance premiums, unemployment insurance premiums, industrial injury insurance premiums, maternity insurance premiums, etc., and housing provident fund, which are paid by the enterprises to their employees in accordance with the scope and standard stipulated by relevant authorities of the State Council or provincial-level people's organizations.
(2)
(2) Supplementary pension insurance premiums and supplementary medical insurance premiums paid by enterprises for investors or employees are allowed to be deducted within the scope and standard stipulated by the competent departments of the State Council in charge of finance and taxation. The personal safety insurance premiums paid by the enterprise for special types of workers in accordance with the relevant provisions of the state and the commercial insurance premiums that can be deducted in accordance with the provisions of the State Council's competent departments of finance and taxation are allowed to be deducted.
(3) Enterprises participating in property insurance, in accordance with the provisions of the insurance premiums paid, are allowed to deduct. Commercial insurance premiums paid by the enterprise for investors or employees shall not be deducted.
4. Interest expenses.
Enterprises in production, business activities in the interest costs incurred, according to the following provisions of the deduction.
(1) non-financial enterprises to financial institutions, interest expenses on borrowing, interest expenses on deposits of financial enterprises and interest expenses on interbank lending, interest expenses on bonds approved by the enterprise can be deducted.
(2) non-financial enterprises to non-financial institutions to borrow interest expenses, not more than the amount calculated in accordance with the same period of the same type of loan interest rate of financial enterprises can be deducted, more than part of the deduction is not allowed.
Among them, the so-called financial institutions, refers to all kinds of banks, insurance companies and non-banking financial institutions approved by the People's Bank of China to engage in financial business. Including national specialized banks, regional banks, joint-stock banks, foreign banks, Chinese-foreign joint venture banks and other comprehensive banks; also includes national insurance companies, regional insurance companies, joint-stock insurance companies, Chinese-foreign joint venture insurance companies and other professional insurance companies; urban and rural credit unions, various types of finance companies, and other professional and comprehensive trust investment, leasing and other businesses. Non-bank financial institutions. Non-financial institutions, in addition to the above financial institutions, refers to all enterprises, institutions and social organizations and other enterprises or organizations.
5. Borrowing costs.
(1) Reasonable borrowing costs incurred by enterprises in production and business activities that do not need to be capitalized are allowed to be deducted.
(2) the enterprise for the acquisition, construction of fixed assets, intangible assets and after more than 12 months of construction to achieve the intended saleable condition of the inventory of the borrowing occurred in the acquisition of the assets, the construction of reasonable borrowing costs incurred during the period, should be capitalized as capital expenditures included in the cost of the assets; the assets are delivered to the use of the interest on the borrowing incurred can be deducted in the period of time when it occurs. Deduction.
6. Exchange loss.
Enterprises in currency transactions, as well as the end of the tax year will be other than the RMB monetary assets, liabilities in accordance with the end of the period of the spot RMB exchange rate of the median price of the exchange rate of the exchange loss arising from the conversion into RMB, in addition to the cost of the assets have been included in the cost and the distribution of profits to owners of the relevant part of the deduction is permitted.
7. Business hospitality
Business hospitality expenses incurred by the enterprise and its production, business operations related to business expenses, according to the amount of 60% of the deduction, but the maximum shall not exceed the current year's sales (operating) income of 5 ‰.
8. Advertising and business promotion costs.
Qualified advertising and business promotion expenses incurred by the enterprise, in addition to the State Council, the competent financial and tax authorities provide otherwise, not more than 15% of the current year's sales (operating) income is allowed to be deducted; more than part of it is allowed to be carried forward to the next tax year.
Enterprises declaring the deduction of advertising expenses should be strictly differentiated from sponsorship expenses. Enterprises declaring the deduction of advertising expenses must meet the following conditions: the advertisement is made through the specialized agencies approved by the industry and commerce department; the expenses have been actually paid and the corresponding invoices have been obtained; and the advertisement is disseminated through certain media.
9. Special funds for environmental protection.
The special funds for environmental protection and ecological restoration extracted by the enterprise in accordance with relevant provisions of laws and administrative regulations are allowed to be deducted. The special funds withdrawn after the change in use, no deduction.
10. Insurance premiums.
Enterprises participating in property insurance, in accordance with the provisions of the insurance premiums paid, are allowed to deduct.
11. Leasing fees
Enterprises need to lease fixed assets according to the production and operation of the leasing fees paid, in accordance with the following methods of deduction:
(1) leased fixed assets in the form of operating leases incurred in the lease fee expenses, according to the lease term uniform deduction. An operating lease is a lease in which ownership is not transferred.
(2) Lease fee expenses incurred for fixed assets leased under finance leases, the portion that constitutes the value of the fixed assets leased under finance leases in accordance with the regulations shall be depreciated and deducted in installments. A finance lease is a lease that substantially transfers all the risks and rewards associated with ownership of an asset.
12. Labor protection expenses.
Reasonable labor protection expenses incurred by the enterprise are allowed to be deducted.
13. Public welfare donation expenses.
Public welfare donations, refers to the enterprise through the public welfare organizations or people above the county level *** and its departments, for the "Chinese people *** and the State Public Welfare Donation Law" within the public welfare donations.
Enterprises incurring public welfare donations expenditure, not more than 12% of the total annual profit part of the deduction is allowed. The total annual profit is the annual accounting profit calculated by the enterprise in accordance with the provisions of the national unified accounting system.
Public welfare organizations, refers to the following conditions at the same time, foundations, charitable organizations and other social organizations:
(1) registered in accordance with the law, with legal personality.
(2) To develop public welfare for the purpose, and not for profit.
(3) All assets and their value-added are owned by the legal person.
(4) The proceeds and labor balances shall be used mainly for the purposes for which the corporation was established.
(5) The residual property after the termination of the corporation shall not belong to any individual or profit-making organization.
(6) It shall not engage in any business unrelated to the purpose for which it was established.
(7) Have a sound financial accounting system.
(8) Donors do not participate in any way in the distribution of the organization's property.
(9) The State Council, the competent departments of finance and taxation, in conjunction with the State Council's civil affairs departments and other registration and management departments to provide other conditions.
14. The cost of the relevant assets.
The expenses incurred by enterprises in transferring various types of fixed assets are allowed to be deducted. The depreciation of fixed assets, amortization of intangible assets and deferred assets calculated by the enterprise in accordance with the regulations are allowed to be deducted.
15. Expenses shared by the head office.
Non-resident enterprises in China to set up institutions, premises, its head office outside of China incurred in connection with the production and operation of the institution, premises related to the costs, can provide the head office of the scope of the collection of expenses, quotas, allocation basis and method of documentation, and a reasonable apportionment of deduction is allowed.
16. Loss of assets.
The net loss of fixed assets and current assets incurred during the period, the net loss of inventory and destruction of assets, by the main management of the tax authorities to provide inventory information by the audit, the deduction is allowed; enterprises due to inventory loss, destruction, scrapping, and other reasons shall not be deducted from the sales tax input tax, should be treated as an enterprise property loss, and inventory loss is allowed to be deducted together with the prescribed deduction in the income tax before the income tax.
17. Other items that are allowed to be deducted in accordance with relevant laws, administrative regulations and national tax laws. Such as membership fees, reasonable conference fees, travel expenses, liquidated damages, litigation costs, etc.
Not deductible.
Items that are not deductible
When calculating taxable income, the following expenditures are not deductible:
1. Dividends paid to investors, dividends, and other equity refrigeration income payments.
2. Enterprise income tax.
3. Late payment of tax, refers to the taxpayer's violation of tax laws and regulations, the tax authorities imposed late payment.
4. Penalties, fines and losses of confiscated property, refers to the taxpayer's violation of relevant state laws and regulations, fines imposed by the relevant departments, as well as fines and confiscated property imposed by the judicial organs.
5. Expenditures on donations exceeding the prescribed standards.
6. Sponsorship expenditure, refers to the enterprise incurred in production and business activities not related to a variety of non-advertising nature of the expenditure.
7. Unauthorized reserve expenditures, refers to the State Council's financial and tax authorities do not meet the provisions of the asset impairment provisions, risk provisions and other reserve expenditures.
8. Management fees paid between enterprises, rents and royalties paid between business organizations within the enterprise, as well as interest paid between business organizations within the non-banking enterprises shall not be deducted.
9. Other expenses not related to the acquisition of income.
Expenditures actually incurred by an enterprise in connection with the acquisition of income and which are reasonable, including costs, expenses, taxes, losses other expenditures, are allowed to be deducted in the calculation of taxable income.
The calculation of taxable income should also pay attention to three aspects:
Expenditures incurred by the enterprise should be distinguished between revenue expenditure and capital expenditure. Revenue expenses are directly deductible in the period in which they are incurred; capital expenses should be deducted in installments or included in the cost of the asset in question, not directly deductible in the period in which they are incurred.
The non-taxable income of an enterprise is used for the expenses or property formed by the expenditure, which shall not be deducted or calculated corresponding to the depreciation and amortization deduction.
Except as otherwise provided in the Enterprise Income Tax Law and these Regulations, the costs, expenses, taxes, losses and other expenditures actually incurred by an enterprise shall not be deducted repeatedly.
Look at the laws and regulations, monthly or quarterly prepayment, but to be specifically approved by the tax authorities, if approved quarterly prepayment, it is recommended that the monthly withholding, to do matching, otherwise look at the statement of the month or non-quarter-end cumulative statements will give a wrong message, especially the statements of listed companies, such as looking at your August cumulative statements, if the income tax in July-August has not been accrued, others still think that you have received what tax incentives. Reference is as follows:
The Law of the People's Republic of China on Enterprise Income Tax of the People's Republic of China (2008), which:
Article 54 The enterprise income tax shall be prepaid in monthly or quarterly installments.
An enterprise shall, within fifteen days from the end of a month or a quarter, submit to the tax authorities a tax return for prepayment of enterprise income tax, and make prepayment of tax.
Enterprises should submit annual enterprise income tax returns to the tax authorities within five months from the end of the year, and remit and settle the tax payable and refundable.
Enterprises should attach financial accounting reports and other relevant information in accordance with the regulations when submitting the enterprise income tax return.
Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China*** and the State (2008), which:
Article 128 The prepayment of the enterprise income tax in monthly or quarterly installments shall be specifically approved by the tax authorities.
When an enterprise makes prepayment of enterprise income tax by monthly or quarterly installments in accordance with the provisions of Article 54 of the Enterprise Income Tax Law, it shall make prepayment in accordance with the actual amount of profits made on a monthly or quarterly basis; if it is difficult to make prepayment in accordance with the actual amount of profits made on a monthly or quarterly basis, the enterprise may make prepayment in accordance with the monthly or quarterly average of the taxable income of the previous taxable year, or in accordance with any other method approved by the tax authorities. Once the prepayment method is determined, it cannot be changed at will during the tax year.
The Ministry of Finance on the issuance of the "People's Republic of China *** and the State Provisional Regulations on Enterprise Income Tax Implementation Rules" notice: Article 47 The taxpayer can not provide complete and accurate income and cost, expense vouchers, can not correctly calculate the taxable income, the tax authorities have the right to approve its taxable income.
Approval generally includes a fixed amount (accounting are not allowed or can not be accounted for, etc.), a fixed rate (one of the income, costs and expenses can be accounted for accurately) and other approved methods.
1, the enterprise income tax collection method approved once a year!
2, the enterprise income tax collection method is generally approved at the beginning of the year!
3, from the theory, the approved way only applies to the accounting is not sound enterprise; but in fact, the tax authorities in the specific implementation, often according to the annual income of how many thousands of the following must be taken to approve the way of collection, if that is the case, then, unless the year's income must be up to the amount specified by the tax authorities, or else the second year is also can not be checking the collection of accounts!
4, if the value-added taxpayer, if the annual income reaches the general taxpayer standards, is recognized as a general taxpayer of value-added tax, the tax authorities must take the checking of the way, and can not take the approved levy, because of value-added tax general taxpayers must be sound in the requirements of the accounting, and, therefore, can only be applied to checking the way of the levy!
The head office is recognized as a checking account levy branch structure can checking account levy enterprise income tax
Ministry of Finance State Administration of Taxation The People's Bank of China on the issuance of the "inter-provincial and municipal head office and branch enterprise income tax allocation and budget management measures" notice (Cai Bao 〔2012〕 No. 40):
If the question of the head office and the branch structure is not in the same province or city, in accordance with the "Measures" to implement: unified calculation, hierarchical management, local prepayment, summary liquidation, financial transfer.
Since the head office is a checking account, in order to facilitate the unified calculation, the branch must check the collection of enterprise income tax.
Which item of business tax and surcharge is filled in the income tax collection
Income tax collection form, there are two versions, one is listed by cost items, this kind of form has business tax and surcharge filled in.
There is also one that has only operating income and operating costs, this table, operating income fill in all the income (including other business income, non-operating income and various gains in total, operating costs fill in all the costs and expenses (including the cost of the main business, other business costs, sales, management, finance costs, non-operating expenses and other losses in total)
From your question, it looks like.
From your question, it should be the second one, so you need to include the amount of business taxes and surcharges, together with other costs, in the operating costs
Can a foreign enterprise, which uses the checking of accounts for income tax, enjoy the benefits of purchasing domestically produced equipment to offset the income tax?It should be possible, see the following provisions, but you'd better do before and the tax office to communicate to avoid unnecessary trouble.
The policy of enterprise income tax credit:
(a) All foreign-invested enterprises set up in China, within the total investment in the purchase of "the State Council on the adjustment of tax policy on imported equipment notice" State Development (1997) No. 37 in the provisions of the "Industrial Guidance Catalog for Foreign Investment" encouragement, restriction of Category B investment projects (excluding "foreign investment projects are not exempted from the imported goods catalog") of the (excluding the "Catalogue of Imported Commodities for Foreign Investment Projects not Exempt from Tax"), 40% of the investment in the purchase of domestically produced equipment can be credited from the enterprise income tax of the year in which the equipment was purchased over the previous year.
(2) For the above enterprises in order to improve economic efficiency, improve product quality, increase the variety of flowers and colors, promote product upgrading, expand exports, reduce costs, save energy consumption, strengthen the comprehensive utilization of resources and three wastes management, labor safety, etc., the use of advanced, applicable new technologies, new techniques, new equipment, new materials, etc., to the existing facilities, production conditions for the transformation of the production process and the purchase of domestic equipment outside the total amount of investment. The total investment outside the purchase of domestic equipment, the purchase of domestic equipment, 40% of the investment can also be offset from the purchase of equipment when compared to the previous year's new enterprise income tax.
(3) The above domestically produced equipment must meet the following requirements:
(1) The said equipment refers to the equipment that meets the requirements of the Circular on the Transmission of the Ministry of Finance and the State Administration of Taxation on the Issues Relating to the Credit and Exemption of the Enterprise Income Tax on the Purchase of Domestically Produced Equipment by Foreign-Invested Enterprises and Foreign Enterprises (Shanghai Tax and Foreign Investment) No. 56 [CaiShuZi (2000) No. 49], and is managed as a fixed asset. Production and operation (including testing and inspection necessary for production) machines, machinery, means of transportation, equipment, apparatus, tools, etc. within the scope of regulations and managed as fixed assets. Does not include tools, appliances, etc. not managed as fixed assets.
2) The so-called domestic equipment must be July 1, 1999, and the currency purchased without the use of domestic equipment, excluding the investor as registered capital investment in equipment. The so-called domestic equipment investment refers to the purchase of equipment invoiced price and tax total price, but does not include the refund of value-added tax in accordance with the relevant provisions of the value-added tax, as well as equipment transportation, installation and commissioning costs. The time of equipment purchase is based on the time of equipment invoice issuance. If the equipment is acquired in the form of installment payment or she-sale, the time of arrival of the equipment shall prevail.
checking the collection of corporate income tax if the cost is less buy invoices cost-effectiveHere there is a problem of illegal, first of all, buy invoices is illegal, in addition to the cost of illegal, but also depends on the cost of your buy invoices cost, which can only be your own to weigh
Suppose the income tax with the checking the collection method, the tax bureau how to know the tax reported up to the right or wrongAnnual income tax remittance
After May through the firm of financial accounting, the tax bureau will not be able to pay the income tax. The annual income tax return can only be finalized after the audit of the financial statements by the firm after May.
This is the first time that a company has to pay for the cost of the goods.