I. Deduction items
The statutory deduction of enterprise income tax is the item to determine the taxable income of enterprise income tax. According to the enterprise income tax regulations, the taxable income of an enterprise is determined by the total income of the enterprise MINUS the cost, expenses, losses and deductible items.
Cost is the direct and indirect expenses incurred by taxpayers for producing, managing goods and providing services. Expenses refer to the sales expenses, management expenses and financial expenses incurred by taxpayers for producing and operating commodities and providing services.
Losses refer to all kinds of non-operating expenses, operating losses and investment losses incurred by taxpayers in the process of production and operation. In addition, when calculating the taxable income of enterprises, if the taxpayer's financial accounting treatment is inconsistent with the tax regulations, it should be adjusted according to the tax regulations.
In addition to costs, expenses and losses, the statutory deductions for enterprise income tax also stipulate some deductions that need to be adjusted according to tax laws and regulations.
Mainly includes the following contents:
1, after deducting interest charges. The interest expenses of taxpayers borrowing from financial institutions during the production and operation period shall be deducted according to the facts; 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.
2. Deduction of taxable wages. The regulations stipulate that the reasonable wages and salaries of enterprises should be deducted according to the facts, which means that the taxable wage system for domestic enterprises that has been implemented for many years has been cancelled, effectively reducing the burden on domestic enterprises.
However, wages and salaries that are allowed to be deducted according to the facts must be "reasonable", and wages and salaries that are obviously unreasonable are not deducted. In the future, State Taxation Administration of The People's Republic of China will define "rationality" by formulating management measures for wage deduction that are compatible with the implementation regulations.
3. In terms of employee welfare funds, trade union funds and employee education funds, the implementation regulations continue to maintain the previous deduction standards (the extraction ratio is 14%, 2% and 2.5% respectively), but the "total taxable wages" is adjusted to "total wages and salaries", and the deduction amount is increased accordingly.
In terms of employee education funds, in order to encourage enterprises to strengthen investment in employee education, the implementation regulations stipulate that, unless otherwise stipulated by the competent department of finance and taxation of the State Council, the part of employee education funds incurred by enterprises that does not exceed 2.5% of total wages and salaries is allowed to be deducted; The excess shall be allowed to be carried forward and deducted in future tax years.
4. Deduction of donation. Taxpayers' public welfare and relief donations are allowed to be deducted if they are within 12% of the annual accounting profit. The part exceeding 12% will not be deducted.
5. Deduction of business entertainment expenses. Business entertainment expenses refer to social entertainment expenses incurred by taxpayers for the reasonable needs of production and operation. According to the provisions of the tax law, the business entertainment expenses incurred by taxpayers related to production and operation shall be deducted within the following limits:
Article 43 of the Regulations for the Implementation of the Enterprise Income Tax Law further clarifies that the entertainment expenses incurred by an enterprise related to production and operation shall be deducted according to 60% of the amount incurred, but the maximum amount shall not exceed 5‰ of the sales (operating income) of that year, that is to say, the tax law adopts the method of "two certificates in one".
On the one hand, the business entertainment expenses incurred by enterprises are only allowed to be charged to 60% to distinguish business entertainment expenses from personal consumption, and the personal consumption part of business entertainment expenses is removed by designing a unified ratio;
On the other hand, the maximum deduction is limited to 5‰ of sales (business) income in the current year, which is used to prevent some enterprises from using overcharged invoices or even fake invoices to deduct business entertainment expenses in order not to increase business entertainment expenses by 40%.
6. Deduct employee pension fund and unemployment insurance fund. It is allowed to deduct employee pension funds and unemployment insurance funds when calculating taxable income within the proportion and base approved by the provincial tax authorities.
7. Deduct the security fund for the disabled. The disabled person's security fund paid by taxpayers in accordance with local government regulations is allowed to be deducted when calculating taxable income.
8. Deduction of property and transportation insurance premiums. Property paid by taxpayers. Transportation insurance premium is allowed to be deducted when tax is calculated. However, the non-indemnity preferential treatment given to taxpayers by insurance companies should be included in the taxable income of enterprises.
9. Deduction of fixed assets rental fee. Taxpayers can directly deduct the rental fee of fixed assets in the form of operating lease before tax; The rental fee of fixed assets rented by means of financial leasing shall not be deducted directly before tax, except for the interest expenses in the rental fee. The handling fee can be deducted directly when paying.
10, provision for bad debts is made, and provision for bad debts and commodity discount is deducted. The provision for bad debts and bad debts withdrawn by taxpayers are allowed to be deducted when calculating taxable income. The extraction standard is temporarily implemented according to the financial system. The commodity discount reserve drawn by taxpayers is allowed to be deducted when calculating taxes.
1 1. Deduction of expenditure on transfer of fixed assets. Taxpayer's expenditure on the transfer of fixed assets refers to the expenses such as clean-up expenses incurred when transferring or selling fixed assets. Taxpayers' expenditures on the transfer of fixed assets are allowed to be deducted when calculating taxes.
12. Deduction of net loss of fixed assets and current assets due to loss, damage and scrapping of inventory. The taxpayer's net loss of fixed assets caused by inventory loss, damage or scrapping shall be deducted after the taxpayer provides inventory loss information and is audited by the competent tax authorities.
The net loss mentioned here does not include the incomings of fixed assets of enterprises. The taxpayer's net loss of current assets due to inventory loss, damage or scrapping shall be deducted before tax after the taxpayer provides inventory information and is audited by the competent tax authorities.
13, deducting the management fee of the head office. The management fees related to the production and operation of enterprises paid by taxpayers to the head office shall provide the certification documents on the scope, quota, distribution basis and method of management fees issued by the head office, which shall be allowed to be deducted after being audited by the competent tax authorities.
14, deduction of debt interest income. Taxpayers' interest income from debt purchase is not included in taxable income.
15, after deducting other income. Including all kinds of fiscal subsidy income, turnover tax reduced or refunded, except those stipulated by the State Council, Ministry of Finance and State Taxation Administration of The People's Republic of China, People's Republic of China (PRC), which can not be included in the taxable income, the rest should be incorporated into the taxable income of enterprises for tax calculation.
16, deducting loss compensation. Taxpayers' annual losses can be made up by next year's income. If the income in the next tax year is insufficient, it can be made up year by year, but the longest period shall not exceed 5 years.
Second, it shall not be deducted.
When calculating taxable income, the following expenses shall not be deducted:
1, capital expenditure. Refers to the taxpayer's expenditure on the purchase and construction of fixed assets and foreign investment. The capital expenditure of an enterprise shall not be deducted directly before tax, but shall be amortized gradually through depreciation.
2, intangible assets transfer, development expenditure. Refers to the taxpayer's expenditure on purchasing intangible assets and developing intangible assets. Expenditure on the transfer and development of intangible assets shall not be deducted directly, but shall be amortized in installments during the benefit period.
3. Asset impairment reserve. The provision for impairment of fixed assets and intangible assets is not allowed to be deducted before tax; The provision for impairment of other assets shall not be deducted before tax before it is converted into a major loss.
4. Fines for illegal business operations and losses of confiscated property. Taxpayers violate national laws. Laws and regulations, the relevant departments of fines and confiscation of property losses shall not be deducted.
5. Late fees, fines and fines for various taxes. Late payment fees and fines imposed by tax authorities, fines imposed by judicial departments, and fines other than the above shall not be deducted before tax.
6, natural disasters or accidents have compensation for losses. If a taxpayer suffers from natural disasters or accidents, the compensation paid by the insurance company shall not be deducted before tax.
7, more than the state allows the deduction of public welfare and relief donations, as well as non-public welfare and relief donations. Donations made by taxpayers for non-public welfare and relief purposes, as well as donations exceeding 12% of the total annual profit, are not allowed to be deducted.
8. Various sponsorship fees.
9. Other expenses unrelated to income.
Simple calculation of asset transfer income corresponding to non-equity payment
According to the relevant regulations, under the special tax treatment of enterprise reorganization, when equity payment is made in the transaction, the gains or losses arising from the transfer of related assets are not recognized for the time being, and the corresponding gains or losses from the transfer of assets should be recognized for non-equity payment during the current transaction.
Example1:Company A has 65,438+000,000 shares. For better development in the future, 80% of the shares were acquired by Company B and became a subsidiary of Company B. Suppose tax basis, who bought the assets of Company A in Japan is 8 yuan, and the fair value of each asset is 65,438+00 yuan. Among the purchase consideration, Company B paid 720 million yuan in the form of equity and 80 million yuan in bank deposit.
General calculation method: asset transfer income corresponding to non-equity payment paid by Company A = (fair value of transferred assets-tax basis of transferred assets) × (amount of non-equity payment ÷ fair value of transferred assets) = (10000× 80% ×10/0000× 80% ×
Simple calculation method: the asset transfer income corresponding to non-equity payment of Company A = the number of shares corresponding to bank deposit payment × profit per share = 8000 ÷10× (10-8) =1600 (ten thousand yuan).
Simple calculation of not deducting interest expenses if the investment is not in place
According to the Official Reply of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on the Deduction of Interest Expenses from Enterprise Investors' Investment Failure before Enterprise Income Tax (Guo Shui Han [2009] No.312), if an enterprise investor fails to pay its due capital in full within the prescribed time limit, the interest incurred by the enterprise borrowing from abroad is equivalent to the interest payable on the difference between paid-in capital and payable capital within the prescribed time limit, which is not a reasonable expenditure of the enterprise.
General calculation formula: the loan interest that the enterprise cannot deduct in each calculation period = the loan interest amount of the current period × the unpaid registered capital amount of the current period ÷ the loan amount of the current period. At the same time, the interest expenses of borrowing from non-financial enterprises that exceed the amount calculated according to the interest rate of similar loans of financial enterprises in the same period shall not be deducted.
Example 2: Company A borrowed 5 million yuan from ICBC at an annual interest rate of 5.4% and 2 million yuan from a private enterprise at an annual interest rate of 8% on October 201year1October, resulting in interest expenses of 430,000 yuan for the whole year, and shareholders of Company A owed 3 million yuan.
General calculation method: the company's loan interest that cannot be deducted in 20 1 1 year = 200× (8%-5.4%)+(500× 5.4%+200× 5.4%) × 300 ÷ (500+200) = 2650.
Simple calculation method: the company's 20 1 1 year non-deductible loan interest = total loan interest-deductible loan interest amount = 43-(200+500-300) × 5.4% = 21.4 (ten thousand yuan).
Simple calculation of related party interest expenses shall not be deducted.
Article 46 of the Enterprise Income Tax Law clearly points out that the interest expenses incurred when the proportion of debt investment and equity investment accepted by an enterprise from its related parties exceeds the prescribed standard shall not be deducted when calculating the taxable income. According to 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 Pre-tax Deduction Standard for Interest Expenses of Related Parties of Enterprises (Caishui [2008] No.65438 +02 1), the ratio of non-financial enterprises accepting creditor's rights investment from related parties to their equity investment is 2: 1.
Non-deductible interest expense = annual interest payable to related parties ×( 1- standard ratio ÷ related debt-to-capital ratio)
It should be noted that the annual interest payable to related parties should comply with the general provisions of the tax law on interest expenses, especially within the bank's loan interest rate for the same period, and the interest exceeding the bank's loan interest rate for the same period should not be deducted when calculating taxable income.
Example 3: The average annual equity investment of an enterprise in 201/kloc-0 is 30 million yuan, and it borrows 80 million yuan from related parties with an annual interest rate of 9%. In that year, the interest paid to related parties was 7.2 million yuan, and independent transaction vouchers could not be provided. Moreover, the actual tax burden of related parties is lower than that of enterprises, and the interest rate of similar loans in the same period is 5%, so the interest expenses that cannot be deducted are calculated.
General calculation method:
(1) Interest expense exceeding the bank interest rate =8000×(9%-5%)=320 (ten thousand yuan);
(2) The capital ratio of the associated debt of the enterprise =8000÷3000=2.667, and the interest expense exceeding the debt capital ratio = (720-320) × (1-2 ÷ 2.667) =100.04 (ten thousand yuan);
The total interest expense that cannot be deducted is 320+ 100.04=420.04 (ten thousand yuan).
Simple calculation method: interest expense that cannot be deducted = total loan interest-loan interest amount that can be deducted according to tax law =720-3000×2×5%=420 (ten thousand yuan).
The above content is the calculation method of enterprise income tax compiled by Bian Xiao for everyone. After learning, everyone must calculate these methods several times by themselves, so that they can be more handy in their work.