If an investor obtains investment income that exceeds the investment ratio, can it enjoy the preferential treatment of "dividends, bonuses and other equity investment income between qualified resident enterprises are exempt from corporate income tax"? In this regard, Analyze and judge based on relevant legal regulations and tax policies.
According to the provisions of the Enterprise Income Tax Law and its Implementing Regulations, investment income obtained by resident enterprises from direct investment in other resident enterprises shall be exempted from enterprise income tax.
In tax collection practice, when taxpayers make final settlement of corporate income tax, they should refer to the "Details of Discounts for Dividends, Bonuses and Other Equity Investment Income Between Eligible Resident Enterprises (A107011)" "Fill in the income obtained in column 6 of "The amount of equity investment income such as dividends and dividends attributable to the company as determined by the decision", and then transition to the "Detailed Table of Tax-Free, Subtracted Income and Super Deduction Preferences" (A107010 )", the column "Dividends, dividends and other equity investment income between qualified resident enterprises" is finally filled in the 17th line "Tax-free, It is treated as tax-exempt income in the "Deduction of Income and Addition of Deductions" column.
Can investors enjoy the exemption from corporate income tax for investment income that exceeds the investment ratio? There are different regulations around March 2015.
The "Announcement on the Release of the Annual Corporate Income Tax Return of the People's Republic of China (Type A, 2014 Edition)" issued by the State Administration of Taxation (State Administration of Taxation Announcement No. 63, 2014 ) Attachment 2 "Instructions for filling in the Annual Corporate Income Tax Return of the People's Republic of China" stipulates: Fill in this column with "the amount of dividends, dividends and other equity investment income attributable to the company calculated by the taxpayer based on the investment ratio" . This provision means that dividends and dividends received in excess of the investment proportion cannot enjoy tax-free treatment.
In March 2015, the "Notice of the Income Tax Department of the State Administration of Taxation on the Standards for Filling in Parts of the Annual Corporate Income Tax Return" (General Administration of Taxation Informal Letter [2015] No. 21) attached "About the Annual Corporate Income Tax Return" Article 8 of the "Opinions on Revising Certain Completion Calibers for Tax Returns" has been revised to read: "Fill in the dividends, bonuses and other equity investments actually attributable to the company calculated by the taxpayer according to the investment proportion or other methods." Amount of Profit". The "other methods" mentioned here include "dividends not distributed according to the proportion of capital contribution (not distributed according to the proportion of shareholding)". At the same time, it should be noted that only dividends and dividends obtained that actually belong to the company can be tax-free, otherwise you will not be able to enjoy Duty free benefits.
Following this, Annex 1 of the "Measures for the Handling of Corporate Income Tax Preferential Policy Matters", the "Catalog for the Registration and Management of Corporate Income Tax Preferential Matters (2015 Edition)" (State Administration of Taxation Announcement No. 76 of 2015), further addresses this issue. It is further stipulated that when applying for the preferential filing of "dividends, bonuses and other equity investment income between qualified resident enterprises are exempt from corporate income tax", among the "main retained information" that taxpayers need to submit, "if the enterprise obtains For equity investment income such as dividends and bonuses that are not distributed according to the proportion of shareholders’ shareholdings by the invested enterprise, the latest company articles of association of the invested enterprise must also be provided.”
The above provisions mainly have two meanings. One is to allow the company to distribute dividends not according to the proportion of capital contribution (not to distribute according to the proportion of shareholding); the other is to emphasize that the premise is that "all shareholders pass the provisions of the articles of association of the joint-stock company." In view of the fact that the Company Law has clarified that the distribution of dividends not in accordance with the proportion of shareholdings of a joint-stock company must be stipulated in the articles of association, and for the important matter of not distributing dividends in accordance with the proportion of capital contribution, all shareholders of the limited liability company should stipulate in the articles of association. Therefore, for investor companies that obtain dividends, dividends and other equity investment income from the invested company that are not distributed according to the shareholder's shareholding ratio, the State Administration of Taxation Announcement No. 76 of 2015 includes the "Main Retention Information" that taxpayers must submit. , it is specially stipulated that the latest company articles of association of the invested enterprise must be provided so that the tax authorities can check whether there are any special distribution provisions specifically stipulated in the company articles of association during subsequent management. This not only ensures that taxpayers who actually adopt this distribution plan can smoothly enjoy this tax exemption, but also prevents a small number of taxpayers from inflating their tax-free income and paying less tax.
Conclusion
Whether dividends and bonuses distributed in excess of the investment ratio calculated by other methods other than the investment ratio are "dividends, bonuses, etc. between qualified resident enterprises" Equity investment income" should be judged based on whether the distribution plan has been "agreed in advance by all shareholders (agreed in the articles of association and reported to the registration authority for filing)" and whether the dividends and dividends "actually belong to the enterprise" Criteria for exemption from corporate income tax.
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