Article 85 of the Implementation Measures for Special Tax Adjustment (Guo Shui Fa [2009] No.2) stipulates that interest expenses shall not be deducted = all related party interests actually paid in the current year ×( 1- standard ratio/related debt-capital ratio). Among them, the standard ratio refers to the ratio stipulated in the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Tax Policy Issues Concerning the Pre-tax Deduction Standard for Interest Expenses of Related Parties of Enterprises (Caishui [2008] 12 1No.). Article 88 of this method stipulates that interest expenses that cannot be deducted when calculating taxable income shall be distributed among related parties according to the proportion of the interest actually paid to related parties to the total interest of related parties, among which the interest distributed to domestic related parties with actual tax burden higher than that of enterprises shall be deducted. Article 89 of this method stipulates that if the interest expense of the enterprise's debt-capital ratio exceeds the standard ratio, it shall be deducted when calculating the taxable income, and information shall be provided according to the requirements of the tax authorities to prove that the relevant debt investment conforms to the principle of independent trading. According to the above provisions, the specific calculation steps of the enterprise's "interest expenses incurred beyond the prescribed standards" can be divided into the following four steps:

Step 1: Calculate the related party loan interest that cannot be deducted for the time being.

1. Pay interest to all related parties: 60+140+150+400 = 7.5 million yuan.

2. The total amount of associated loans is:1000+2000+3000+5000 =11000 (ten thousand yuan).

3. Interest on related loans that cannot be deducted temporarily: 750× [1-2÷ (11000÷2000)] = 477.27 (ten thousand yuan). According to the second paragraph of Article 1 of Caishui [2008] 12 1, the ratio of interest expenses actually paid by an enterprise to related party's debt investment and equity investment is 2: 1 for non-financial enterprises, and the standard ratio applicable to this enterprise is 2.

Step 2: Divide the temporarily non-deductible loan interest of related parties among related parties.

1. The interest rate paid to enterprise A is: 60 ÷ 750× 100% = 8%.

2. The amount to be distributed when paying the interest of enterprise A is: 477.27× 8% = 38. 18 (ten thousand yuan). It is also calculated that the interest amounts to be distributed by Party B, Party C and Party D are 8,965,438+0,000 yuan, 954,500 yuan and 2,545,300 yuan respectively.

Step 3: According to the actual tax rate between related parties and the independence of related loan transactions, judge the permanent non-deductible related loan interest in the above temporary non-deductible interest.

1. The tax rate of enterprise A is the same as that of enterprise A, and there is no permanent non-deductible interest on related party loans due to over-proportion.

2. The tax rate of enterprise B is lower than that of enterprise, and the loan cannot provide data to prove that it conforms to the principle of independent transaction. The temporary non-deductible interest expense of related parties shared by Company B is 89. 1 10000 yuan, which is a permanent non-deductible interest expense.

3. The situation of Company C is similar to that of Company B. The temporary non-deductible interest expense of related parties shared by Company C is 954,500 yuan, which is permanent non-deductible interest expense.

4. The tax rate of enterprise D is lower than that of enterprise, but it conforms to the principle of independent transaction, and there is no permanent non-deductible interest on related party loans caused by over-proportion.

Through the third step, the interest of permanently non-deductible related loans is calculated as: 89.11+95.45 =184.56 (ten thousand yuan).

Step 4: Adjust the part of the above-mentioned non-permanent non-deductible related party interest whose interest rate is higher than the bank loan interest rate, and eliminate this part of the permanent non-deductible related party interest.

1. The related party interest generated by borrowing from enterprise A can be deducted completely because the loan interest rate is equal to the bank loan interest rate.

2. The related party loan interest generated by borrowing from enterprise B is RMB 6,543,800+0.4 million. After deducting the permanent non-deductible interest expense of RMB 896.5438+0. 1 ten thousand, the remaining amount is RMB 508.9 million (1.40-89. 1.065438), because the loan interest rate is 7.

3. The related party loan interest generated by borrowing from Enterprise C is RMB 65.438+0.50 million. After deducting the permanent non-deductible interest expense of RMB 954.5 million apportioned in the third step, the remaining amount is RMB 545.5 million (654.38+0.50-95.45). As the loan interest rate is 5% lower than the bank interest rate, there is no need to increase it.

4. There is no permanent non-deductible interest expense for the related loan interest generated by enterprise D's loan. The interest of all related loans is 4 million yuan, and the loan interest rate of 8% exceeds the bank loan interest rate of 6%, so the amount to be increased is 654.38+0 million yuan [400 ÷ 8 %× (8%-6%)].

Through the fourth step, the enterprise must increase 1072700 yuan (7.27+ 100) for the part where the loan interest rate of related parties exceeds the bank loan interest rate.

To sum up, through the calculation in the third step and the fourth step, the enterprise * * * generates permanently non-deductible interest on related party loans of RMB 2,965,438+RMB 8,300 (184.56+ 107.27).

In this way, when calculating enterprise income tax in 2008, enterprises should share the above-mentioned non-deductible related party benefits between expenses and capitalization.

1. The amount of non-deductible expenses is 291.83× 300 ÷ 750 =116.73 (ten thousand yuan).

According to the provisions of the Annual Tax Return of Enterprise Income Tax (Guo Shui Fa [2008] No.65438 +00 1) and the Supplementary Notice of Annual Tax Return of Enterprise Income Tax (Guo Fa [2008] No.65438 +008 1), it is known that the interest expense account amount is RMB 3 million.

2. The capitalized non-deductible amount is 291.83-116.73 =175.10 (ten thousand yuan). The enterprise has registered this amount in the memorandum book, and the tax basis (interest expense) of the construction in progress is 450-65438+.