According to the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Several Issues Concerning the Handling of Enterprise Income Tax in Enterprise Liquidation (Caishui [2009] No.60), 1. The income tax treatment in enterprise liquidation refers to the treatment of liquidation income, liquidation income tax, dividend distribution and other matters when the enterprise ends its business, disposes of assets, pays off debts and distributes surplus property to owners.

Two, the following enterprises should carry out liquidation income tax treatment:

(1) Enterprises that need liquidation according to the Company Law and the Enterprise Bankruptcy Law;

(2) Enterprises that need to be liquidated during enterprise reorganization.

Three. The income tax treatment of enterprise liquidation includes the following contents:

(1) All assets shall be recognized according to the realizable value or transaction price, and the gains or losses from asset transfer shall be recognized;

(two) to confirm the gains or losses from the liquidation of creditor's rights and debts.

(3) Change the accounting principle of going concern, and deal with the accrued or deferred expenses;

(four) to make up the losses according to law and determine the liquidation income;

(5) Calculating and paying liquidation income tax;

(6) Decide on the remaining property and dividend payable that can be distributed to shareholders.

4. The realizable value or transaction price of all assets of the enterprise, the balance after deducting the assets tax basis, liquidation expenses and related taxes and fees, plus the profit and loss of debt settlement, is the liquidation income.

Enterprises should calculate the liquidation income as an independent tax year.

Verb (abbreviation of verb) The realizable value or transaction price of all assets of an enterprise, after deducting liquidation expenses, employees' wages, social insurance (public security insurance) expenses and statutory compensation, liquidation income tax, taxes owed in the previous year and other taxes, and paying off the debts of the enterprise, calculate the remaining assets that can be distributed to the owners according to regulations.

The remaining assets distributed by the shareholders of the liquidation enterprise are equivalent to the accumulated undistributed profits and accumulated surplus reserves of the liquidation enterprise, which shall be recognized as dividend income; If the balance of the remaining assets after deducting dividends exceeds or is lower than the investment cost of shareholders, it shall be recognized as the gain or loss of shareholders' investment transfer.

The assets distributed by the shareholders of the liquidated enterprise from the liquidated enterprise shall be taxed according to the realizable value or the actual transaction price.

How long does it take to file tax returns during the liquidation period?

The Notice of State Taxation Administration of The People's Republic of China on Issues Related to Enterprise Liquidation Income Tax (Guo [2009] No.684) further clarifies that when an enterprise is liquidated, the liquidation income and the income tax payable according to law shall be calculated with the whole liquidation period as a tax year. The enterprise shall submit the enterprise liquidation income tax return to the competent tax authorities within 15 days from the date of liquidation to settle the tax.

If an enterprise fails to file tax returns or pay taxes within the prescribed time limit, it shall pay late fees according to the relevant provisions of the Law of People's Republic of China (PRC) Municipality on the Administration of Tax Collection.

Enterprises entering the liquidation period shall report the liquidation matters to the competent tax authorities for the record.

How to pay enterprise income tax in liquidation of enterprise bankruptcy?