Solutions to errors in enterprise income tax declaration in previous years
There are two kinds of errors in enterprise income tax declaration: 1. Incorrect declaration of taxable income; 2. Error in tax deduction declaration. In other words, there are two effects: first, the original declaration error leads to underpayment of enterprise income tax (need to pay back taxes); 2. The original declaration error leads to overpayment of taxes (tax refund can be applied).
1, declaration error of pre-tax deduction
Article 6 of the Announcement of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Several Issues Concerning the Tax Treatment of Taxable Income of Enterprise Income Tax (AnnouncementNo.12 of State Taxation Administration of The People's Republic of China) stipulates that enterprises are allowed to calculate and deduct the expenses actually incurred in previous years that should be deducted before enterprise income tax according to tax regulations after special declaration and explanation, but the period of retrospective confirmation shall not exceed 5 years.
2. Incorrect income declaration
Due to the change of accounting standards, it is sometimes difficult to confirm income, and enterprises may also make mistakes in the declaration of accounts receivable income; And the lack of "deemed sales" declaration, accounts receivable income declaration is incorrect.
No matter whether the income of accounts receivable is declared too much, the enterprise should correct it in time after finding it.
3, the time limit and consequences of correction
According to the provisions of the Tax Administration Law, taxpayers may request the tax authorities to refund the overpaid tax if they find it within three years from the date of final settlement.
If a taxpayer or withholding agent fails to pay or underpays the tax due to the responsibility of the tax authorities, the tax authorities may require him to pay back the tax within three years, but shall not impose a late fee.
If a taxpayer or withholding agent fails to pay or underpays the tax due to miscalculation, the tax authorities may recover the tax and overdue fine within three years; Under special circumstances, the collection period can be extended to five years.
In case of tax evasion, tax refusal or tax fraud, the tax authorities shall recover the unpaid or underpaid taxes, late fees and tax fraud, and shall not be limited by the time limit specified in the preceding paragraph.