According to the provisions of China's tax law on deduction:
Section 3 Deduction
Article 27 The related expenditures mentioned in Article 8 of the Enterprise Income Tax Law refer to expenditures directly related to income.
The reasonable expenditure mentioned in Article 8 of the Enterprise Income Tax Law refers to the necessary and normal expenditure that conforms to the routine of production and business activities and should be included in the current profit and loss or the cost of related assets.
Article 28 The expenditures incurred by an enterprise shall be distinguished between revenue expenditures and capital expenditures. Income and expenditure are deducted directly in the current period; Capital expenditure shall be deducted by stages or included in the cost of related assets, and shall not be deducted directly in the current period.
Expenses or property used for expenditure formed by non-tax income of an enterprise shall not be deducted or the corresponding depreciation and amortization deduction shall be calculated.
Unless otherwise stipulated in the Enterprise Income Tax Law and these Regulations, the actual costs, expenses, taxes, losses and other expenses incurred by the enterprise shall not be deducted repeatedly.
Article 29 The term "cost" as mentioned in Article 8 of the Enterprise Income Tax Law refers to the sales cost, sales expenses, operating expenses and other expenses incurred by an enterprise in its production and business activities.
Article 30 The expenses mentioned in Article 8 of the Enterprise Income Tax Law refer to the sales expenses, management expenses and financial expenses incurred by an enterprise in its production and operation activities, except the related expenses that have been included in the cost.
Article 31 The term "tax" as mentioned in Article 8 of the Enterprise Income Tax Law refers to all taxes and surcharges that can be deducted by an enterprise except enterprise income tax and value-added tax.
Article 32 The losses mentioned in Article 8 of the Enterprise Income Tax Law refer to losses caused by force majeure factors such as inventory shortage, damage and scrapping of fixed assets and inventories, loss of transferred property, loss of bad debts, loss of bad debts and natural disasters.
The losses incurred by the enterprise shall be deducted in accordance with the provisions of the competent departments of finance and taxation of the State Council after deducting the compensation and insurance indemnity for the responsible person.
The assets that the enterprise has treated as losses shall be included in the current profits and losses when they are recovered in whole or in part in the following tax years.
Article 33 The term "other expenses" as mentioned in Article 8 of the Enterprise Income Tax Law refers to the reasonable expenses related to the production and operation activities of the enterprise except costs, expenses, taxes and losses.
Article 34 Reasonable wages and salaries incurred by an enterprise shall be deducted.
The wages and salaries mentioned in the preceding paragraph refer to all cash or non-cash labor remuneration paid by an enterprise to its employees in each tax year, including basic wages, bonuses, allowances, subsidies, year-end salary increase, overtime pay and other expenses related to the employment or employment of employees.
Article 35 The basic social insurance premium and housing accumulation fund paid by an enterprise for its employees in accordance with the scope and standards stipulated by the relevant competent department of the State Council or the provincial people's government are allowed to be deducted.
Supplementary endowment insurance premiums and supplementary medical insurance premiums paid by enterprises for investors or employees are allowed to be deducted within the scope and standards stipulated by the competent departments of finance and taxation of the State Council.
Article 36 Except for the personal safety insurance premium paid by the enterprise for special types of workers in accordance with the relevant provisions of the state and other commercial insurance premiums that can be deducted according to the provisions of the competent departments of finance and taxation of the State Council, the commercial insurance premiums paid by the enterprise for investors or employees shall not be deducted.
Article 37 Reasonable borrowing costs incurred by an enterprise in its production and operation activities that do not need capitalization are allowed to be deducted.
Where an enterprise borrows money for the purchase and construction of fixed assets, intangible assets and inventories that have been built for more than 65,438+02 months and can reach a predetermined saleable state after construction, the reasonable borrowing costs incurred in the process of purchasing and constructing related assets shall be included in the cost of related assets as capital expenditures and deducted in accordance with the provisions of this Ordinance.
Article 38 The following interest expenses incurred by an enterprise in its production and business activities are allowed to be deducted:
(1) Interest expenses incurred by non-financial enterprises in borrowing from financial enterprises, interest expenses incurred by financial enterprises in various deposits and interbank lending, and interest expenses incurred by enterprises in issuing bonds upon approval;
(two) the interest expenses of non-financial enterprises borrowing from non-financial enterprises shall not exceed the amount calculated according to the interest rate of similar loans of financial enterprises in the same period.
Article 39 When an enterprise conducts monetary transactions at the end of the tax year and converts monetary assets and liabilities other than RMB into RMB according to the spot exchange rate of RMB at the end of the tax year, the exchange losses incurred are allowed to be deducted, except that they have been included in the relevant asset costs and losses related to the distribution of profits to owners.
Article 40 If the employee welfare expenses incurred by an enterprise do not exceed 65,438+04% of the total wages, deduction is allowed.
Forty-first trade union funds allocated by enterprises according to the proportion of total wages not exceeding 2% shall be deducted.
Forty-second, unless otherwise stipulated by the competent department of finance and taxation of the State Council, the part of the employee education expenses incurred by the enterprise that does not exceed 2.5% of the total wages and salaries is allowed to be deducted; The excess shall be allowed to be carried forward and deducted in future tax years.
Forty-third business entertainment expenses related to production and business activities of enterprises shall be deducted according to 60% of the amount incurred, but the maximum amount shall not exceed 5‰ of the sales (business) income of the year.
Article 44 Unless otherwise stipulated by the financial and tax authorities in the State Council, the eligible advertising expenses and business promotion expenses incurred by the enterprise shall be deducted if they do not exceed 0/5% of the sales (business) income of the current year; The excess shall be allowed to be carried forward and deducted in future tax years.
Forty-fifth enterprises in accordance with the relevant provisions of laws and administrative regulations to withdraw special funds for environmental protection, ecological restoration, etc., are allowed to deduct. If the above-mentioned special funds change after extraction, they shall not be deducted.
Forty-sixth enterprises to participate in property insurance, insurance premiums paid in accordance with the provisions, allowed to deduct.
Article 47 The lease fees paid by enterprises for renting fixed assets according to the needs of production and business activities shall be deducted in the following ways:
(1) Lease expenses incurred in renting fixed assets by means of operating lease shall be uniformly deducted according to the lease term;
(2) Lease expenses incurred in leasing fixed assets by means of financial lease shall be deducted by stages for the part that constitutes the value of fixed assets leased by financial lease.
Article 48 Reasonable labor protection expenses incurred by an enterprise may be deducted.
Forty-ninth management fees paid between enterprises, rents and royalties paid between internal operating institutions of enterprises, and interest paid between internal operating institutions of non-bank enterprises shall not be deducted.
Article 50 Institutions and sites established by non-resident enterprises within the territory of China can provide supporting documents such as the scope, limit, distribution basis and method of the expenses incurred by their head office outside China and share them reasonably, so they can be deducted.
Article 51 The term "public welfare donation" as mentioned in Article 9 of the Enterprise Income Tax Law refers to the donations made by enterprises for public welfare undertakings through public welfare social organizations or people's governments at or above the county level and their departments as stipulated in the People's Republic of China (PRC) Public Welfare Donation Law.
Article 52 The public welfare social organizations mentioned in Article 51 of these Regulations refer to foundations, charitable organizations and other social organizations that meet the following conditions at the same time:
(a) registered in accordance with the law, with legal personality;
(two) for the purpose of developing public welfare undertakings, not for profit;
(3) All assets and their added value are owned by legal persons;
(four) the income and operating balance are mainly used for enterprises that meet the purpose of establishing a legal person;
(5) The remaining property after termination does not belong to any individual or profit-making organization;
(six) do not engage in business unrelated to the purpose of its establishment;
(7) Having a sound financial accounting system;
(eight) the donor does not participate in the distribution of property of social groups in any form;
(nine) other conditions stipulated by the competent departments of finance and taxation of the State Council in conjunction with the civil affairs department of the State Council and other registration management departments.
Fifty-third public welfare donation expenses incurred by enterprises that do not exceed 0.2% of the total annual profits are allowed to be deducted.
The total annual profit refers to the annual accounting profit calculated by the enterprise in accordance with the unified national accounting system.
Article 54 The sponsorship expenditure mentioned in Item (6) of Article 10 of the Enterprise Income Tax Law refers to various non-advertising expenditures unrelated to production and business activities.
Article 55 The "unapproved reserve expenditure" mentioned in Item (7) of Article 10 of the Enterprise Income Tax Law refers to the reserve expenditure such as asset impairment reserve and risk reserve that do not meet the requirements of the financial and tax authorities in the State Council.
Can the car of a company as a legal person be deducted from the input tax?
If the owner is a company name, of course, it can be deducted. Not if it is a natural person (individual). The legal person you mentioned is the legal representative (individual). If so, it is not deductible. I. On the applicable tax rate of purchase tax for cars and trucks.
According to the Provisional Regulations of People's Republic of China (PRC) on Vehicle Purchase Tax, the taxable amount of vehicle purchase tax is levied ad valorem. The calculation formula of tax payable is:
Vehicle purchase tax = purchase price ÷( 1+ 17%)× applicable tax rate.
The tax rate of vehicle purchase tax is 10%.
According to the Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Strengthening the Management of Partial Reduction and Exemption of Passenger Car Purchase Tax, Guoshuihan [2009] No.25.
For small-displacement passenger cars with a displacement of 1.6 liters or less purchased by taxpayers from June 20, 2009 to February 3, 2009, the vehicle purchase tax will be temporarily reduced by 5%.
Therefore, the vehicle purchase tax for automobiles is subject to the tax rate of 5%, and the vehicle purchase tax should be paid.
5%= 1957; The tax rate of van vehicle purchase tax is 10%, and the vehicle purchase tax should be paid.
10%=2820 yuan.
2. Tax basis (price) for purchasing fixed assets.
According to Article 58 of the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC), the tax basis of fixed assets is determined in the following ways:
(a) the purchase price, the relevant taxes paid and other expenses directly attributable to the use of the purchased fixed assets shall be the tax basis.
Therefore, the tax basis should include the purchase price, related taxes and other expenses.
Three, on the issue of outsourcing fixed assets to offset the input value-added tax.
According to Article 25 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value Added Tax, the input tax of motorcycles, automobiles and yachts subject to consumption tax for taxpayers' own use shall not be deducted from the output tax.
According to the consumption tax schedule, cars are subject to consumption tax, so cars are subject to consumption tax, and vans are not subject to consumption tax.
According to the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Several Issues Concerning the National Implementation of VAT Reform (Caishui [2008] 170):
1. Since June 5438+ 10/day, 2009, general VAT taxpayers (hereinafter referred to as taxpayers) have purchased (including accepting donations and investments in kind, the same below) or made their own (including renovation, expansion and installation, the same below) fixed assets (hereinafter referred to as fixed assets input tax). Regulations "and" Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-added Tax "(Order No.50 of State Taxation Administration of The People's Republic of China of the Ministry of Finance of People's Republic of China (PRC), hereinafter referred to as the" Detailed Rules "), the special VAT invoice is deducted from the output tax, the customs imports the special VAT payment book and transportation expense settlement certificate (hereinafter referred to as the VAT deduction certificate), and the input tax is recorded in the subject of" Taxes payable and VAT payable (input tax) ".
Therefore, cars are not allowed to deduct VAT input tax, while vans are allowed to deduct VAT input tax.
Four, on the accounting treatment of outsourcing fixed assets
1, original value of automobile fixed assets+1957+
Borrow: fixed assets
Credit: Cash on hand
2. Calculation of original value of freight car fixed assets
Tax-free price of trucks ÷( 1+ 17%). 38636.66668666667
VAT input tax. 13× 17%=4794.87
Its original value is. 13+2820+. 13.
Debit: fixed assets. 13
Borrow: Taxes payable-VAT payable (input tax) 4794.87
Credit: Cash on hand
However, according to the Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on the Issue of Input Tax Deduction of VAT Special Invoices Issued by the Anti-counterfeiting Tax Control System of VAT General Taxpayers, Guo Shui Fa [2003] 17 stipulates:
First, the special VAT invoice issued by the anti-counterfeiting tax control system that the general VAT taxpayer applies for deduction must be certified by the tax authorities within 90 days from the date of issuance of the special invoice, otherwise the input tax will not be deducted.
Therefore, the van can be certified by the tax authorities within 90 days from the date of issuing the special invoice and allowed to deduct the input tax; Input tax will not be deducted if it exceeds 90 days.
If the truck has not been certified by the tax bureau for more than 90 days, the accounting entries are as follows:
Borrow: fixed assets
Credit: Cash on hand
How does an enterprise as a legal person borrow money?
A: First of all, the conditions for an enterprise as a legal person to apply for a loan are as follows: 1. It must be established with the approval of the State Administration for Industry and Commerce, registered and hold a business license; 2, the implementation of independent economic accounting, independent operation, self financing; 3. Have certain self-owned funds; 4. Abide by policies and decrees and the bank credit settlement management system, and open basic account and general deposit accounts in banks as required; 5. There is a market for products; 6. Production and operation should be profitable; 7. Do not misappropriate credit funds; In addition, the following conditions should be met: 1, with the ability to repay the principal and interest on schedule; 2. The asset-liability ratio meets the requirements of banks and loan companies. Materials required for enterprise loan: 1, enterprise legal person, individual industrial and commercial households, shareholders holding shares, and the company has been operating for one year; 2. Identity certificate: second-generation ID card; 3. Address confirmation: personal address confirmation (electricity/water/gas/telephone, etc. ) and business entity confirmation (lease contract); 4. Revenue confirmation: public and private accounts have been emptied in the last 6 months; 5. Business confirmation: business license; 6. Real estate confirmation, real estate license or purchase contract+purchase invoice+loan contract; 7. Credit history. The legal representative borrows money in his own name, which has nothing to do with the company and cannot execute the company's property. His loan is a personal loan, so he should repay the loan conditions of the legal representative in his own name, provide a stable job and income, and have no bad credit record. Proof of residence, identity card, collateral approved by the bank. Steps of enterprise legal person loan application: step 1: the applicant initiates a loan application to the lending institution and provides relevant materials; Step 2: the bank examines the borrower's application materials; Step 3: After the internal audit of the bank, both parties sign the loan-related agreement; Step 4: The borrower opens a loan account with the lending institution and withdraws the loan.
Can the interest expenses incurred by the legal representative for enterprise loans be deducted before tax?
You can deduct it, but you have to issue a separate bill.
At the same time, pay attention to
Notice of the Ministry of Finance, State Taxation Administration of The People's Republic of China, on the standard tax policy of pre-tax deduction of interest expenses of related parties of enterprises
Caishui [2008]No. 12 1
1. When calculating the taxable income, if the interest expenses actually paid by the enterprise to related parties do not exceed the following proportion and the relevant provisions of the tax law and its implementing regulations, they shall be deducted, and the excess shall not be deducted in the current year and subsequent years.
The interest expenses actually paid by the enterprise to related parties shall be the proportion of creditor's rights investment and equity investment of related parties, in addition to complying with the provisions of Article 2 of this Notice:
(1) Financial enterprises, 5:1;
(2) Other enterprises, 2: 1.
The following items shall be deducted according to the prescribed scope and standards:
(1) The interest expenses incurred by taxpayers in borrowing from financial institutions during the production and operation period shall be deducted according to the actual amount; The interest expense of borrowing from non-financial institutions is not higher than the amount calculated according to the interest rate of similar loans of financial institutions in the same period, and deduction is allowed.
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