1. Risk Description: According to Article 32 of the Measures for the Treatment of Enterprise Income Tax on Real Estate Development Business (Guo Shui Fa [2009] No.31), if the outsourcing project has not been finally settled and the full invoice has not been obtained, under the premise of sufficient supporting information, the invoice deficiency amount may be withdrawn, but the maximum amount shall not exceed 10% of the total contract amount. Some taxpayers are not familiar with the policy when withholding fees, and the withholding fees may ignore the limit of 10% of the total amount, resulting in the high cost of corporate income tax settlement in that year.

2. Risk prevention and control suggestions: Real estate enterprises should accurately grasp the policy provisions and focus on the upper limit of withholding ratio stipulated by tax laws and regulations. For outsourced projects, the withholding fee for insufficient invoice amount cannot exceed 10% of the total contract amount, and attention should also be paid to withholding within the cost range allowed by the policy. In the policy, it has been clearly stipulated in the form of list that only contracted projects, public facilities, construction costs and property improvement costs can be accrued, and the accrued expenses cannot be charged beyond the scope.

3. Case: A real estate enterprise * * * developed three real estate projects, and when the projects were completed and carried forward to develop products, the enterprise made withholding treatment for the part of the project payment that had not been invoiced. Accrued expenses include land acquisition fees, demolition compensation fees, preliminary engineering fees, construction and installation engineering fees, infrastructure construction fees and public facilities fees. The total accrued amount of the three projects is about 500 million yuan, corresponding to a total contract amount of about 4.6 billion yuan.

Specific analysis: In this case, there are two main risk points that we need to pay attention to, namely, over-limit accrued expenses and over-range accrued expenses. Real estate enterprises should pay attention to the upper limit of withholding ratio stipulated by tax laws and regulations. For outsourced projects, the withholding fee for insufficient invoice amount cannot exceed10% of the total contract amount; At the same time, we should also pay attention to withholding and remitting within the scope of expenses allowed by the policy. Only outsourcing projects, supporting facilities, construction approval fees and property improvement fees can be withheld, and withholding fees cannot be charged beyond the scope.

Risk point 2: Party A's engineering business repeatedly deducts "materials provided by Party A".

Case: Real estate enterprise B signed a "materials supplied by Party A" construction contract with the construction enterprise, with the agreed contract amount of 6,543,800,000 yuan (including the building materials purchased by enterprise B and provided to the construction enterprise) and the value-added tax amount of 900,000 yuan. After the project is completed, the final settlement price is 6.5438+0.09 million yuan, and the amount of "materials provided by Party A" is 2 million yuan. In addition, enterprise B purchased 2 million yuan of materials from material suppliers and received 13% VAT input invoice. The cost amount included in the "development cost" subject of enterprise B is120,000 yuan.

Specific analysis: enterprises adopt the mode of contracting projects without contracted materials. When materials such as materials, water and electricity provided by material suppliers have been included in the development cost with invoices, the construction enterprise is allowed to re-invoice according to the total labor cost and material price, and bear additional taxes and collect the development cost repeatedly. Therefore, in the case of signing the contract of "materials supplied by Party A", it is suggested that real estate enterprises and construction enterprises should try their best to adopt the "difference settlement method" when settling the project, that is, the amount of materials supplied by Party A is not included in the project settlement price and sales of construction enterprises, so as to avoid the tax risk of repeatedly charging development costs.

Risk point 3: lack of legal and effective pre-tax deduction certificate.

1. Risk description: According to Article 5 of the Administrative Measures for Pre-tax Deduction Vouchers of Enterprise Income Tax (People's Republic of China (PRC) State Taxation Administration of The People's Republic of China Announcement No.2018 No.28), when calculating the taxable income of enterprise income tax, an enterprise shall obtain the pre-tax deduction voucher as the basis for deducting related expenses. At the same time, article 6 of the announcement stipulates that the enterprise shall obtain the pre-tax deduction certificate before the end of the settlement period stipulated in the enterprise income tax law of that year. However, real estate enterprises have many business links, different business transaction amounts and transaction objects, especially for some scattered labor costs and agency fees. In some cases, they fail to obtain legal and effective pre-tax deduction vouchers in time, but at the same time, they illegally deduct corresponding expenses before tax, which is prone to tax-related risks.

2. Risk prevention and control suggestions: For real estate enterprises, whether they can obtain legal and effective pre-tax deduction vouchers directly determines the cost. Therefore, enterprises should pay attention to whether the upstream suppliers or service providers can issue invoices in time, and whether the obtained invoices meet the requirements, whether the face information is consistent with economic business, whether they are invalid invoices, etc.

3. Case: C real estate enterprise entrusts a real estate brokerage company to handle commercial housing sales agency and on-site formalities, and both parties agree to calculate the agency fee according to the completion progress of the entrusted agency. In that year, C real estate enterprise accrued the entrusted sales agency fee of 3.9 million yuan, which was included in the "sales expenses" subject and deducted in full before the enterprise income tax. However, the money was not actually paid in that year, and no legal and valid vouchers were obtained, so there was a tax-related risk of illegal pre-tax deduction.

Specific analysis: Whether the legal and effective pre-tax deduction voucher can be obtained directly determines the cost. Therefore, enterprises should pay attention to whether the upstream suppliers or service providers can issue invoices in time, and whether the obtained invoices meet the requirements, whether the face information is consistent with economic business, whether they are invalid invoices, etc.

Risk point 4: illegal deduction of interest expenses

1. Risk description:

(1) Borrowing expenses eligible for capitalization have not been capitalized. According to Article 38 of the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC), the interest paid by real estate enterprises that exceeds the interest rate of similar loans of financial enterprises in the same period shall not be deducted before enterprise income tax. However, in actual business, some taxpayers use non-financial enterprises for loan financing, which is higher than the similar interest rate of general financial enterprises in the same period, and charge the interest cost in full without being familiar with the policy. In addition, according to Article 37 of the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC), the interest expenses of real estate enterprises that meet the capitalization conditions shall be included in the cost of related assets as capital expenses in accordance with the regulations, and shall not be deducted as financial expenses before the enterprise income tax of that year. Some taxpayers are often unfamiliar with or uncertain about the details of the policy, which leads to the illegal deduction of interest expenses.

(2) Repeated deduction of interest expenses leads to the risk of underpaying land value-added tax. For example, the cost of obtaining land use right for a project of a real estate enterprise is 50 million yuan, and the cost of real estate development is 30 million yuan, of which the interest expense in "development cost-development indirect expense" is 500,000 yuan and the "financial expense-interest expense" is 200,000 yuan. The interest expenses incurred can be calculated and apportioned according to the transferred real estate project, and the financial institution certificate can be provided. At the time of liquidation, the enterprise did not adjust the interest expenses included in the normal accounting to the real estate development cost to be deducted from the financial expenses, resulting in repeated deduction of interest expenses. Therefore, it is necessary to remind real estate development enterprises that the interest expenses that have been included in the development cost should be adjusted to be deducted as financial expenses.

2. Risk prevention and control suggestions: Real estate enterprises have high requirements on capital investment, mainly relying on loans from financial institutions. At the same time, some enterprises obtain capital flow through private lending when banks shrink loans, and the interest cost is high. Therefore, as a borrower, we need to focus on interest expenses. On the one hand, the tax policy clearly stipulates that excessive loan interest cannot be deducted before enterprise income tax, and enterprises must carefully sort out the contents of loan contracts to ensure that excessive interest is not charged before tax. Moreover, the taxpayer bears the burden of proof for the interest rate of similar loans of financial enterprises in the same period, that is, when the enterprise pays the interest for the first time according to the contract requirements and deducts it before tax, it should provide a description of the interest rate of similar loans of financial enterprises in the same period. On the other hand, if an enterprise borrows money for the purchase and construction of fixed assets, intangible assets and inventories that can still be sold for more than 65,438+02 months, it should include the reasonable borrowing expenses incurred in the process of purchasing and constructing related assets as capital expenditures, and the enterprise should accurately distinguish the interest expenses of this part of the loan to avoid illegal financial expenses.

3. Case: D Real estate development enterprises, after being reminded by the tax authorities, found that the subject data of "financial expenses" in 2020 was RMB 654.38+0.7 million, of which RMB 654.38+0.654.38+0 million was the interest generated by project loans, which met the capitalization conditions, but the relevant interest generated by loans was recorded in the subject of "financial expenses" by financial personnel.

Specific analysis: if the borrowing costs incurred by enterprises meet the capitalization conditions, they must be capitalized; Only those that do not meet the capitalization conditions can be deducted as period expenses before income tax. Real estate development enterprises have a long development cycle, occupy a large amount of funds, borrow a lot of funds, and account for a large proportion of interest expenses. For the borrowing costs incurred by borrowing funds for the construction and development of products, we should accurately divide the cost objects, strictly abide by the provisions of accounting standards and tax laws, and accurately calculate the capitalized amount to control tax risks.

Risk point 5: Tax-related risks of outsourcing gifts for customers.

1. risk description: in the process of real estate operation, due to the needs of marketing activities such as sales or publicity, outsourcing gifts are given to customers from time to time. According to Article 4 of the Detailed Rules for the Implementation of the Provisional Regulations on Value-added Tax, this behavior should be treated as sales. At the same time, according to Article 43 of the Regulations for the Implementation of the Enterprise Income Tax Law, gift-giving expenses belong to business entertainment expenses, which can only be deducted before tax according to 60% of the amount incurred, and shall not exceed the operating income of the current year. Therefore, if the financial handling of the gift business is improper, it is easy to cause tax risks.

2. Risk prevention and control suggestions: Real estate enterprises should treat value-added tax and corporate income tax as sales in time when giving gifts to customers. At the same time, we should pay attention to the differences in treatment between the two. If it is regarded as sales income, the value-added tax shall be determined in the order stipulated in Article 16 of the Detailed Rules for the Implementation of the Provisional Regulations on Value-added Tax, and the enterprise income tax shall be determined according to the fair value. After the deemed sales income is confirmed, the pre-tax deduction limit of this expense shall be determined according to the operating income and the total amount of business hospitality.

3. Case: E real estate enterprises buy clothes, umbrellas, etc. As a gift to customers, this expenditure will be included in the current expense account and deducted in full before the enterprise income tax is declared.

Specific analysis: customers who send gifts from outside should be treated as sales, and the gift-giving expenses should not be deducted beyond the limit. As far as value-added tax is concerned, if the goods are not sold, it shall be determined in the order of the average selling price of similar goods in the current month, the average selling price of similar goods in the recent period and the taxable value; As far as enterprise income tax is concerned, unless otherwise stipulated, the sales revenue shall be determined according to the fair value of the transferred assets. For example, the gift-giving expenses of real estate enterprises belong to business entertainment expenses, which can only be deducted before tax according to 60% of the amount incurred, and shall not exceed 5‰ of the operating income of the year.

Risk point 6: tax-related risks in the pre-sale stage.

1. Risk description: According to Article 10 of the Interim Measures for the Administration of the Collection of Value-added Tax on the Sale of Self-developed Real Estate Projects by Real Estate Development Enterprises, Article 16 of the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax in People's Republic of China (PRC), and Article 1 of the Announcement of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Several Provisions on the Collection and Administration of Land Value-added Tax after the Reform of Business (State Taxation Administration of The People's Republic of China Announcement No.70, 20 16), The advance payment received by the real estate enterprise in the pre-sale link enters the supervision account, and the tax is paid in advance to the competent tax authorities in accordance with the above provisions during the next month's collection period, including the advance declaration of value-added tax and the advance collection of land value-added tax. At the same time, according to Article 9 of the Measures for the Treatment of Enterprise Income Tax in Real Estate Development Business, enterprises need to calculate the taxable income according to the estimated gross profit and pay it in advance in the enterprise income tax quarter. However, some real estate enterprises are not familiar with the tax policy, so they can't report the advance tax in declare in advance or in full.

2. Risk prevention and control suggestions: After obtaining the pre-sale permit for commercial housing, real estate enterprises will sell in the form of pre-sale before the completion of the project, and the advance payment needs to be paid in full and on time to avoid the risk of tax extension.

3. Case: F real estate enterprise received 80 million yuan in advance this month, and signed a house purchase contract with the amount of 1 100 million yuan (including the installment payment of 8 million yuan due in the month agreed in the contract). During the reporting period of the following month, the financial personnel only confirmed the advance income of 80 million yuan and declared the enterprise income tax. The unpaid house payment of 8 million yuan in the month agreed in the contract was not confirmed, resulting in tax-related risks.

Specific analysis: the income obtained by real estate enterprises through signing real estate sales contracts or real estate pre-sale contracts should be recognized as the realization of sales income. Among them, if the products are sold by stages, the realization of income shall be confirmed according to the price and payment date agreed in the sales contract or agreement.

Risk point 7: Failure to declare rental income as required.

Case: A real estate enterprise project has been completed and put on record. Because the low-rise houses are close to the business district and have not been sold, the unsold houses and parking spaces are temporarily rented out, but the relevant rental income is not declared, resulting in tax-related risks. Therefore, if real estate enterprises rent unsold houses, parking spaces and shops, don't forget to declare rental income in accordance with regulations.

Risk point 8: directly quote the tax basis of VAT prepayment as the tax basis of land VAT prepayment.

In the process of risk audit, tax officials sometimes find that some real estate enterprises directly cite the tax basis of prepaid value-added tax as the tax basis of prepaid land value-added tax, which leads to underpayment of land value-added tax.

For real estate development enterprises to pre-sell self-developed real estate projects, they can choose to pay the land value-added tax in full according to the accounts received in advance, or they can pay the land value-added tax in advance according to the standard stipulated in People's Republic of China (PRC) State Taxation Administration of The People's Republic of China Announcement No.70 (20 16) and the standard of "land value-added tax prepayment = (prepayment-VAT payable) × withholding rate", instead of directly referring to the standard of the value-added tax prepayment.

Risk point 9: illegal deduction of the construction and installation costs of civil air defense parking spaces that cannot be registered for ownership transfer in the land value-added tax settlement link.

Case: A real estate development enterprise won the right to use a state-owned land. There are villa buildings and high-rise buildings in the project. There is an underground parking space under the tall building, and you can't apply for a real estate license for the parking space. When land value-added tax is settled, enterprises will share and deduct the land cost with underground civil air defense parking spaces, villas and high-rise buildings, which will lead to tax-related risks. According to the release of Guangdong Provincial Taxation Bureau in State Taxation Administration of The People's Republic of China, People's Republic of China (PRC)

Risk point 10: the cost of compensation (resettlement) for demolition is not allocated correctly according to the development project.

Case: A real estate development company requisitioned 654.38+10,000 square meters at one time, and plans to develop 20 sets of commercial houses in this land in five phases, with a total construction area of 2 million square meters. The first-phase development project covers an area of 6,543,800 square meters, and the total construction area of developed commercial houses is 200,000 square meters, and 6,543,800 square meters have been sold, of which 30 sets of commercial houses are used to compensate relocated households, with a market value of 6 million yuan. When the company liquidates the land value-added tax, all the compensation for demolition paid in kind will be deducted from the first development project.

If the compensation fees for land and demolition in multiple development projects are not allocated correctly according to the development projects, the land value-added tax paid by the first development project will be less, resulting in tax-related risks. Therefore, real estate enterprises should pay attention to: there are many development projects, and you should remember to share them item by item. The land value-added tax takes the development project as the liquidation unit, and the costs and expenses incurred by different liquidation units shall not offset each other. Therefore, the same costs and expenses incurred by multiple liquidation units should be reasonably distributed or shared among liquidation units.

Risk point 1 1: the division of ordinary houses by stages during liquidation is incorrect.

Case: A real estate development company thinks that its real estate project is aimed at the residential houses of people who just need housing, and the construction area is below 144 square meters, so it is simply identified as ordinary houses, which leads to the risk of inaccurate calculation of land value-added tax. The division of ordinary houses can not be based on the building area, but must meet the three conditions of floor area ratio, sales price and building area. According to the Notice of the General Office of the People's Government of Guangdong Province on Forwarding the Opinions of the General Office of the State Council on Doing a Good Job in Stabilizing Housing Prices (Guangdong Government Office [2005] No.56), the ordinary housing standards enjoying preferential policies are:

1 The plot ratio of residential quarters is above;

2. The construction area of a single house is below 1.20 square meters or below 1.44 square meters;

The actual transaction price is lower than twice the average transaction price of houses on the same level of land.

The above three conditions need to be met at the same time in order to be divided into ordinary houses.

Risk point 12: stamp duty was not declared when signing the contract.

1. Risk description: According to Article 1 of the Provisional Regulations on Stamp Duty in People's Republic of China (PRC) (the State Council OrderNo. 1 1), all units and individuals who set up account books in People's Republic of China (PRC) and receive the vouchers listed in these regulations are stamp duty taxpayers and should pay stamp duty in accordance with these regulations. Real estate enterprises sign many contracts such as land transfer or transfer, planning and design, construction and so on. And it is easy to ignore the declaration of contract stamp duty.

2. Suggestions on risk prevention and control: Taxpayers sign contracts in the course of operation and declare and pay stamp duty corresponding to taxable vouchers in time. Because stamp duty involves a wide range of tax items, taxpayers need to accurately grasp relevant laws and regulations in advance to avoid the risk of tax extension.

Risk point 13: illegal deed tax collection

1. Risk description: According to Article 29 of the Law on the Administration of Tax Collection, no unit or individual may collect taxes except tax authorities, tax personnel and units and individuals entrusted by tax authorities according to laws and administrative regulations. Some real estate enterprises are not familiar with this policy. The so-called "license fee" charged to buyers includes deed tax, which actually violates the above provisions of the Tax Administration Law and needs to bear corresponding legal responsibilities, but it also brings certain tax-related risks to buyers.

2. Risk prevention and control suggestions: Without obtaining the entrustment of the tax authorities according to the prescribed procedures, the real estate enterprise shall not collect any deed tax from the buyers. If it has collected relevant fees, it shall return them as soon as possible and correct the violations in time.

Risk point 14: parking space sales did not confirm revenue in time.

1. Risk description: Generally, the sales revenue of parking spaces will be carried out after the completion and acceptance of the project, and the property right is confirmed for the first time, which belongs to the current sales behavior, and the revenue needs to be confirmed at the same time according to the current tax policy. However, some real estate enterprises are not familiar with the tax policy. When obtaining the sales revenue of parking spaces, especially the parking spaces (civil air defense projects) that do not need to apply for real estate licenses, they have neither issued invoices nor confirmed the income of value-added tax and enterprise income tax, so there is a great tax risk.

2. Risk prevention and control suggestions: Enterprises should sort out the sales business and money, confirm the income of parking spaces that have obtained property rights or delivered in time, and avoid the risk of tax delay.

Risk point 15: Time lag of revenue recognition.

1. Risk description: According to the relevant provisions in Articles 3 and 9 of the Measures for the Treatment of Enterprise Income Tax on Real Estate Development Business, a real estate enterprise shall settle the tax cost in time after the product development is completed or deemed to be completed, calculate the actual gross profit of the previous sales income, and include the difference between the actual gross profit and the corresponding estimated gross profit into the taxable income calculated by combining this project with other projects of the enterprise in the current year. Some real estate enterprises are unfamiliar with tax policies and fail to distinguish the differences between accounting and tax laws in revenue recognition principles, which leads to the lag of enterprises in revenue recognition, which in turn leads to tax deferred risks.

2. Risk prevention and control suggestions: Real estate enterprises should accurately grasp the definition of the completion of developed products, that is, the completion certification materials of developed products of real estate enterprises have been reported to the real estate management department for the record, the developed products have been put into use, or the developed products have obtained the initial title certificate, which is regarded as completed, and their income should be confirmed in time. At the same time, different sales methods have different trading links and operating procedures, and their tax obligations occur at different times. Article 6 of the Measures for the Treatment of Enterprise Income Tax in Real Estate Development Business (Guo Shui Fa [2009]3 1No.) clearly stipulates the recognition time of income under various sales methods. Enterprises should accurately judge whether their sales methods have reached the time of revenue recognition according to this regulation, so as to avoid the tax risk of lagging revenue recognition.

Risk point 16: individual income tax withholding of dividends of natural person shareholders.

1. Risk description: According to Articles 2 and 9 of the Individual Income Tax Law of People's Republic of China (PRC) and Article 24 of the Regulations for the Implementation of the Individual Income Tax Law of the People's Republic of China, real estate enterprises should withhold and remit individual income tax when paying dividends to individual shareholders, pay it to the treasury on time and keep special records for future reference. As some real estate enterprises are unfamiliar with the policies, there may be withholding, especially some non-monetary shareholders' behaviors such as dividends and gifts, which are prone to tax risks due to inaccurate grasp of the policies.

2. Suggestions on risk prevention and control: According to the individual income tax policy, when a real estate enterprise pays dividends to shareholders or pays dividends in other forms, the enterprise shall withhold and pay taxes in time and establish a ledger. At the same time, we should accurately grasp the difference between dividends and current accounts in accounting treatment. According to Article 2 of the Notice of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China of the Ministry of Finance on Regulating the Collection and Management of Individual Income Tax of Individual Investors (Caishui [2003] 158No.), individual investors borrow money from the enterprises they invest in (except sole proprietorship enterprises and partnership enterprises) during the tax year. If the loans are not returned after the tax year and are not used for the production and operation of enterprises, the unpaid loans can be regarded as the dividend distribution of enterprises to individual investors. Some shareholders need to tax their long-term loans based on dividend income. The real estate industry is a capital-intensive industry with many capital exchanges, so we should pay more attention in this respect to avoid tax risks.

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