The estimated taxable gross profit margin was defined by State Taxation Administration of The People's Republic of China:
(1) If the development project is located in the urban areas and suburbs where the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning are located, it shall not be less than 15%.
(2) If the development project is located in the urban areas and suburbs of prefecture-level cities, it shall not be less than 10%.
(three) the development project is located in other areas, not less than 5%.
(four) belong to affordable housing, price-limited housing and rebuild housing, shall not be less than 3%.
(Note: This is stipulated in the new document Guo Shui Fa [2009] No.31,and only the changed parts stipulated in Guo Shui Fa [2006] No.31are revised, and the same places as before are not listed, the same below).
The difference between Guo Shui Fa [2006] No.31and No.83 [2003] is that the estimated operating profit rate of pre-sale income is revised to the estimated taxable gross profit rate. Operating profit margin and taxable gross profit margin are two different concepts: operating profit = pre-sale income-taxable cost-business tax and additional-period expenses; Operating profit margin = operating profit/operating income; Taxable gross profit = operating income-taxable cost; Taxable gross profit margin = taxable gross profit/pre-sale income.
Using the operating profit rate to predict the taxable income of enterprise income tax, it is directly incorporated into the taxable income of the current period to calculate and pay enterprise income tax uniformly, and the amount of expenses during the period is no longer considered at the beginning; The taxable gross profit margin is the gross profit obtained by multiplying the pre-sale income by the taxable gross profit margin MINUS the related period expenses, taxes and surcharges actually incurred in the current period (taxes and surcharges levied according to the pre-sale income). It is more scientific, reasonable and legal to adopt the taxable gross profit rate method: the operating profit rate method does not consider the actual expenses, taxes and surcharges of taxpayers in the current period of obtaining pre-sale income, and all of them are unified, and the expenses, taxes and surcharges that occurred before should be settled after the completion, which will bring a lot of trouble to tax adjustment; Taxable gross profit margin method, the actual expenses, taxes and surcharges have been deducted before enterprise income tax in the current period, and only the taxable cost of the product needs to be considered after the product is completed.
The tax treatment of the unfinished development products in the current period is as follows:
Current taxable gross profit = current pre-sale income × estimated taxable gross profit margin
Current taxable income = current gross profit-current expenses-current paid taxes and surcharges
Income tax payable in the current period = taxable income in the current period ×33%
Tax treatment of completed development products
Guo Shui Fa [2006] No.31stipulates that after the development of products is completed, the development enterprise should reasonably recognize the pre-sale income as the actual sales income according to the nature and sales method of the income and the principle of income recognition, and at the same time carry forward the corresponding tax cost according to the regulations to calculate the gross profit of the actual sales income of the development products. The difference between the gross profit of the actual sales revenue of the development product and the gross profit of the pre-sale revenue is included in the taxable income of the completed year. Where the taxable cost of the developed products has not been settled in accordance with the provisions in the completion year, or the difference between the actual gross sales income and the gross pre-sale income has not been adjusted, the competent tax authorities have the right to determine or verify the taxable cost, make tax adjustments accordingly, and deal with it according to the relevant provisions of the Law of the People's Republic of China on Tax Collection and Administration. ?
The difference between Guo Shui Fa [2006] No.31and No.83 [2003] is that the completion standard, taxable cost and revenue recognition principle of developed products are defined from the perspective of taxation, which urges enterprises to recognize pre-sale revenue as actual sales revenue in time and carry forward its corresponding taxable cost. In this regard, taxpayers should attach great importance to it, so as to avoid the tax risks caused by the failure to confirm the pre-sale income as actual sales income and carry forward its corresponding tax cost in time and being determined or approved by the competent tax authorities.
The tax treatment of the developed products is as follows:
Gross profit of actual sales revenue
= Actual sales revenue confirmed by pre-sale revenue-taxable cost (cost corresponding to pre-sale revenue)
Gross profit of pre-sale income = current pre-sale income × estimated taxable gross profit margin
Taxable income in completed year = actual gross sales income-gross pre-sale income-taxable income in current period.
Income tax payable in the current period = taxable income in the current period ×33%