When calculating the taxable income, the tax late fee expenditure shall not be deducted. Tax late fee refers to the late fee ordered by the tax authorities when the taxpayer fails to pay the tax within the prescribed time limit or the withholding agent fails to pay the tax within the prescribed time limit. The purpose is to ensure that taxpayers and withholding agents fulfill their obligations to pay or remit taxes in time, which is essentially compensation for taxpayers and withholding agents occupying state taxes and cannot be deducted before tax. According to the law, if the tax authorities need to make special tax adjustments to enterprises according to the provisions of tax laws and administrative regulations, they should pay back taxes and charge additional interest according to the regulations, and the additional interest shall not be deducted when calculating the taxable income.

The characteristics of enterprise income tax are:

1, and the tax basis is taxable income;

2. The calculation of taxable income is very complicated. Treat taxpayers' different income items differently, and exclude some income from taxable income by not counting items;

3. Taxation is based on the principle of ability and affordability. If you have more income and greater affordability, you should pay more taxes; Low income, poor affordability and low tax revenue; No income, no affordability, no taxes;

4, the implementation of annual collection, phased management approach. Enterprise income tax is based on the taxable income of the whole year, paid in advance monthly or quarterly, and settled at the end of the year.

To sum up, the object of enterprise income tax is the income obtained by taxpayers. Including sales of goods, provision of services, transfer of property, dividends, interest, rent, royalties, donations and other income.

Legal basis:

"People's Republic of China (PRC) tax collection and management law" article 1.

This Law is formulated in order to strengthen the administration of tax collection, standardize tax collection, safeguard national tax revenue, protect the legitimate rights and interests of taxpayers and promote economic and social development.

second

This law is applicable to the collection and management of various taxes collected by tax authorities according to law.

Article 32

If the taxpayer fails to pay the tax within the prescribed time limit, and the withholding agent fails to pay the tax within the prescribed time limit, the tax authorities shall, in addition to ordering him to pay the tax within the prescribed time limit, impose a late fee of 0.5% of the overdue tax on a daily basis from the date when the tax is overdue.