In general, the organizational forms of enterprises are divided into three categories, namely, corporate enterprises, partnership enterprises and wholly-owned enterprises. From the legal point of view, the company is a legal person enterprise, and the investor shall bear limited liability to the extent of capital contribution. In addition, it can be carried out from other angles, for example, it can be divided into domestic-funded enterprises and foreign-funded enterprises; Sino-foreign joint ventures and Sino-foreign cooperative enterprises among foreign-funded enterprises.
The second level of enterprise organizational form classification is divided within the company. This level is divided into two pairs of corporate relationships, namely, the head office and the parent company. Different forms of enterprise organization have different tax levels, so investors must consider the impact of different forms of enterprise organization on enterprises when setting up enterprises.
First, the comparative choice of joint stock limited company and partnership enterprise
Our country implements different tax payment regulations for companies and partnerships. The state levies corporate tax on the company's operating profits, and the after-tax profits are distributed to investors as dividends, and individual investors also need to pay personal income tax once. Partnership enterprises, on the other hand, do not pay corporate tax on their operating profits, but only levy personal income tax on the profits shared by partners.
Example 1: A company runs a company with an annual profit of 200,000 yuan. How to form a company to get the maximum tax benefits?
Scheme 1: Establish a limited liability company.
Enterprise income tax =20×33%=6.6 (ten thousand yuan)
Personal income tax =(20-6.6)×20%=2.68 (ten thousand yuan) After-tax income =20-6.6-2.68= 10.72 (ten thousand yuan) Scheme 2: Personal income tax for establishing a sole proprietorship enterprise =20×35%-0.675=6.325 (.
In addition, everything has two sides. When choosing its positive side, we should also consider its negative side, and we can't generalize. For example, regardless of its main factors, in terms of partnership and joint stock limited company, partnership is superior to joint stock limited company, because partnership only collects personal income tax once, while joint stock limited company has to collect corporate income tax again; If the tax base, tax rate, preferential policies and other factors of an enterprise are comprehensively considered, a joint-stock company also has advantages, because the preferential tax policies of the state are generally only applicable to joint-stock companies. For example, Guo Shui Fa (1997) 198 stipulates that in a joint-stock company, individual shareholders are not required to transfer their capital reserves into shareholders' income. Secondly, when calculating the overall after-tax benefits of two kinds of enterprises, we should not only look at the nominal tax rate, but also look at the overall tax rate. Because the "integration" measures of joint stock limited companies are generally better than those of partnership enterprises, "integration" means the elimination of overlapping taxes, and some taxes will be eliminated; Third, if there are both domestic residents and foreign residents among the partners, there will be transnational taxation of partnership enterprises, and the taxation will be different due to different nationalities. In general, large-scale enterprises should choose joint stock limited company, and small-scale enterprises should adopt partnership enterprises. Because large-scale enterprises need more funds, it is difficult to raise funds, and the management is more complicated. It is more difficult to operate in the form of partnership.
Second, the comparative choice between subsidiaries and branches
The so-called subsidiary refers to a subordinate company effectively controlled by the parent company or one of a series of companies directly or indirectly controlled by the parent company; The so-called branch is a branch of a company, which is often synonymous with a permanent establishment in national taxation.
When an enterprise wants to operate across regions, it is common practice to set up subsidiaries or branches in other regions. Legally speaking, subsidiaries are independent legal persons, while branches are not. The differences between them are as follows: first, the establishment procedures are different, and many procedures are needed to set up independent accounting subsidiaries in other places, which are complicated and costly, while the procedures for setting up branches are relatively simple and less expensive; Second, the forms of accounting and tax payment are different. Subsidiaries are independent accounting and tax declaration, which is preferred by local tax authorities, while branches are not independent legal persons. The head office accounts for profits and losses and pays taxes uniformly. If there are profits and losses, the branches and the head office can deduct each other before paying income tax. Third, tax incentives are different. Subsidiaries bear full tax obligations, while branches only bear limited tax obligations. The subsidiary is an independent legal person and can enjoy various preferential policies such as tax exemption period and preferential policies; As a non-independent legal person, branches cannot enjoy these preferential policies. For example, China's preferential policies such as "two exemptions and three reductions" and "preferential tax rate" for foreign-invested enterprises can only be applied to independent legal person enterprises.
Example 2: Blue Sky Company is a group company with two branches, A and B. In 2002, its headquarters realized a profit of 30 million yuan, its branch A realized a profit of 5 million yuan, and its branch B lost 3 million yuan. The income tax rate of this enterprise is 33%, so the tax payable of this group company in 2002 is = (3000+500-300) × 33% =/. Assume that the income tax rate of two subsidiaries, A and B, is still 33%. The corporate income tax payable by the company headquarters is 3000× 33% = 990 (ten thousand yuan), while that payable by Company A is 500× 33% =165 (ten thousand yuan). Since Company B suffered losses in 2002, it should not pay corporate income tax in that year.
Then, the corporate income tax payable by Blue Sky Company in 2002 is: 990+165-155 (ten thousand yuan), which is higher than the overall tax of the head office:1155-1056 = If the income tax applicable rates of the head office and subsidiaries are different, the above situation will change again.
Example 3: Nanjing Tianshun Corporation has set up two branches in Hainan and Zhuhai, in which the corporate income tax rate in Nanjing is 33%, and that in Hainan and Zhuhai is15%. In 2002, the company's headquarters realized a profit of 20 million yuan. The two subsidiaries in Hainan and Zhuhai realized profits of 2 million yuan and 3 million yuan respectively. The head office stipulates that 60% of the after-tax profits of subsidiaries will be remitted back to the head office and 40% will be retained by themselves. Then 2002 degrees: corporate income tax payable by the headquarters of the company =2000×33%=660 (ten thousand yuan); corporate income tax payable by Hainan subsidiary =200× 15%=30 (ten thousand yuan); corporate income tax payable by Zhuhai subsidiary =300× 1 5=45 (ten thousand yuan) profit remitted by subsidiaries to the head office =(200-30)×60%+(300-45)×60%=255 (ten thousand yuan) profit remitted =255×(33%- 15%)=45.9. Then the overall tax revenue of Blue Sky Company =(2000+200+300)×33%=825 (ten thousand yuan), which reduces the tax revenue of investors by 825-780.9=44. 1 (ten thousand yuan) compared with the establishment of branches. It can be seen that the establishment of subsidiaries and branches has its own advantages and disadvantages. Because the subsidiary and the parent company are not the same legal entity, the losses of the subsidiary cannot be incorporated into the account of the head office; The branch and the head office are the same legal entity, and the losses incurred in their operations can be offset by the head office. Therefore, when an enterprise needs to set up branches abroad or in other places to expand its production and operation, it can consider setting up branches in the early stage of entering the place, in view of the unfamiliar local conditions, the initial stage of production and operation, and the greater possibility of losses, so that the losses incurred in other places can be offset in the head office to reduce the burden on the head office. When the production and operation are on the right track, the products can be sold and profitable, we should consider setting up branches to ensure that we can enjoy the local tax preferential policies when making profits.
Third, the choice of private enterprises and individual businesses
According to the current tax law, China's private enterprises apply the Enterprise Income Tax Law of the People's Republic of China, while individual industrial and commercial households apply the Individual Income Tax Law of the People's Republic of China. From the tax rate point of view, when the taxable amount of private enterprises is below 30,000 yuan, the tax rate is/kloc-0.8%, and the annual taxable income is between 30,000 yuan and/kloc-0.0 million yuan, the tax rate is. When the taxable amount of individual industrial and commercial households is 30,000 yuan, the applicable marginal tax rate is 20%, which seems to be higher than that of private enterprises directly. However, because the applicable tax rate of individual industrial and commercial households is the cumulative tax rate, its actual tax rate is only 15.8%, which is lower than that of private enterprises 18%. When the tax payable of individual industrial and commercial households is100000 yuan, the marginal tax rate is 35%, which is also higher than the tax rate of private enterprises of 33%, but the actual tax rate is only 28.25%. Thus, under the same profit level, individual industrial and commercial households get more benefits than private enterprises, but they also have many shortcomings, such as small scale and difficulty in expanding their business. Private enterprises, on the other hand, have the characteristics of relatively strict organization, which can expand operations, reduce costs and improve profitability. Therefore, investors should choose what kind of organization form before investing, and should comprehensively consider various factors and make a favorable choice for themselves.
Fourth, the choice of domestic and foreign-funded enterprises
The so-called domestic enterprises refer to enterprises founded by state-owned assets, collective assets and domestic personal assets. Including state-owned enterprises, collective enterprises, private enterprises, joint ventures and joint-stock enterprises. The so-called foreign-funded enterprise refers to an economic entity established in China with the approval of the China Municipal Government and with the participation of foreign capital. Mainly include: Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises.
There are great differences in taxation between domestic and foreign-funded enterprises: the preferential tax rate of domestic-funded enterprises is small, which is 18% and 27%; The preferential margin of foreign-funded enterprises is relatively large, which is 15% and 24% respectively. The scope of application of preferential policies for domestic enterprises is narrow, mainly in the tertiary industry, which uses "three wastes" enterprises, labor service enterprises, school-run factories, welfare enterprises, etc., while the scope of application for foreign-funded enterprises is wide, mainly including production enterprises, advanced technology enterprises, product export enterprises, and enterprises engaged in energy, transportation, port construction, etc., and the time for domestic enterprises to reduce or exempt preferential policies is short, generally1-. In addition, the number of subjects to which domestic and foreign-funded enterprises apply taxes is also different, with domestic enterprises applying more than 10 and foreign-funded enterprises applying 6 taxes. It can be seen that foreign-funded enterprises enjoy more preferential policies and different taxes. When other conditions are the same, enterprises should choose to set up joint ventures.