(1) The loan between an enterprise and an individual is true, lawful and effective, and there is no illegal fund-raising purpose or other illegal acts;
Loan contracts signed between enterprises and individuals.
Therefore, the company borrows money from employees and pays them interest. If the interest expense meets the above requirements, it can be deducted before the enterprise income tax.
(2) According to Article 38 of the Regulations for the Implementation of the Enterprise Income Tax Law, pre-tax deduction is allowed for the part of interest expenses incurred by non-financial enterprises in borrowing from non-financial enterprises that does not exceed the amount calculated according to the interest rate of similar loans of financial enterprises in the same period.
In view of China's current interest rate requirements for financial enterprises, enterprises should provide "a description of the interest rate of similar loans of financial enterprises in the same period" when paying interest for the first time and deducting it before tax according to the contract requirements, so as to prove the rationality of their interest expenses.
(3) Article 8 of the Enterprise Income Tax Law of People's Republic of China (PRC) stipulates the scope of pre-tax deduction items of enterprise income tax. "Reasonable expenses actually incurred by an enterprise, including costs, expenses, taxes, losses and other expenses, are allowed to be deducted when calculating taxable income".
(4) Article 37 of the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC) stipulates that the reasonable borrowing costs incurred by enterprises in purchasing and constructing fixed assets, intangible assets and inventories that can be sold after more than 65,438+02 months shall be included in the cost of related assets as capital expenditures, which shall not be deducted before the enterprise income tax, and shall be amortized by depreciation in the later period.
(5) (Caishui [2016] No.36) stipulates that loan service refers to the business activities of lending funds to others to obtain interest income, and all kinds of income obtained by occupying or borrowing funds should be subject to value-added tax according to loan service;
(6) Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Tax Policy Issues Concerning Pre-tax Deduction Standard for Interest Expenses of Related Parties of Enterprises (Caishui [2008]121No.). Interest expenses actually paid by the enterprise to related parties. Not exceeding the following proportion and the relevant provisions of the tax law and its implementing regulations. Deduction is allowed, and the excess of the current year and the following years shall not be deducted;
The interest expenses actually paid by the enterprise to related parties, and the proportion of creditor's rights investment and equity investment of related parties is:
(1) The financial enterprise is 5:1;
(2) Other enterprises are 2: 1.
Therefore, whether the amount of interest paid by the company to shareholders can be deducted before tax must pay attention to whether the ratio of debt investment to equity investment exceeds 2 times.