1. Can the pre-sale income of real estate enterprises be deducted from the period expenses and taxes when the income tax is paid in advance?
In April 2008, State Taxation Administration of The People's Republic of China Wen issued the document Guoshuihan [2008] No.299, in which the first article stipulated that if a real estate development enterprise paid enterprise income tax quarterly (or monthly) according to the actual profit of the year, the pre-sale income obtained from the development and construction of houses, commercial houses and other buildings, attachments, supporting facilities and other development products by pre-sale before completion shall be quarterly (according to the prescribed expected profit rate) In this article, the estimated gross profit in Guo Shui Fa [2006] No.31is changed into the estimated profit, and it is not stated that the deduction of period expenses and related taxes is allowed or not. So there are two views: one view is that since the estimated gross profit has been changed to the estimated profit, it is literally not allowed to deduct the period expenses and related taxes; Another view is that although the estimated gross profit is changed to the estimated profit, the document does not state that the period expenses and related taxes are not allowed to be deducted, and the proportion 15% (prefecture-level city) has not changed. Since it is not stated that the period expenses and related taxes are not allowed to be deducted, it can be understood that the period expenses and related taxes can be deducted. What kind of understanding is correct?
In fact, State Taxation Administration of The People's Republic of China has already answered the above questions in the document "Notice on Issues Concerning Filling in Monthly (Quarterly) Prepaid Tax Returns of Enterprise Income Tax" issued subsequently. The document stipulates that the "total profit" in line 4 of the "Monthly (Quarterly) Advance Tax Return of Enterprise Income Tax of the People's Republic of China (Class A)" is revised to "actual profit". Item 3 of Article 5 of the Notes for Reporting is correspondingly amended as: "The actual profit in line 4: the balance of the total profit calculated according to the accounting system after deducting the losses to be made up in the previous year, non-taxable income and tax-exempt income. Public institutions, social organizations and private non-enterprise units shall fill in the report. The pre-sale income obtained by real estate development enterprises in this period is included in the Bank's estimated profit calculated according to regulations. "?
It can be clearly seen from the above provisions that the income tax of real estate development enterprises is calculated and determined on the basis of the total accounting profits, and the period expenses and taxes of enterprises have been deducted from the total profits. Therefore, the provisions of Guoshuihan [2008] No.299 and Guoshuifa [2006] No.31are consistent. Therefore, the period expenses and taxes can be deducted in advance.
Second, how to make correct tax adjustment at the end of the year?
Instructions for filling in Schedule 3 of the new income tax return: Line 52 "V. Estimated profit calculated from the pre-sale income of real estate enterprises": Column 3 "Increase amount" reports the estimated profit calculated from the pre-sale income obtained by taxpayers engaged in real estate business in the current period according to the estimated profit rate stipulated by the tax; Column 4 "Reduced Amount" is used to fill in the estimated profit reversal number of the pre-sale income converted into sales income in the current period, and the pre-sale income carried forward has been calculated according to the estimated profit rate stipulated by the tax. Column 1 "Account Amount" and column 2 "Tax Amount" are left blank.
What taxpayers need to pay attention to here is the determination of the amount of increase and decrease. If the taxpayer has calculated the tax corresponding to the advance payment as the main business tax, the increased amount is the estimated profit of the pre-sale income obtained in this period according to the estimated profit rate stipulated by the tax, that is, the pre-sale income in this period * the estimated profit rate. However, if the enterprise does not calculate the tax corresponding to the advance payment in the main business tax account, it is linked. Then the increase amount should be the estimated profit minus the corresponding tax (pre-sale income × estimated profit rate-prepaid business tax-prepaid land value-added tax), because this part of the tax is not accounted for in the tax account, which will cause a false increase in accounting profit, but the tax has actually occurred and can be deducted before tax according to the relevant provisions of the enterprise income tax law, so it needs to be deducted from the estimated profit. The reduction project is relatively simple, that is, the revolving number of the corresponding estimated profit in the income that has been confirmed in the current period.