Caishui [1995] No.81
1995-08-09 State Taxation Administration of The People's Republic of China, Ministry of Finance, People's Republic of China (PRC)
According to the situation reflected in the implementation of enterprise income tax in various places, the implementation caliber of several specific issues such as enterprise subsidy income is unified and clear as follows:
1. State financial subsidies and other subsidy income obtained by enterprises are included in the taxable income actually obtained in subsidy income in the current year, except those stipulated by the State Council, People's Republic of China (PRC), Ministry of Finance and State Taxation Administration of The People's Republic of China.
Second, taxpayers provide loan guarantees that have nothing to do with their taxable income to other independent taxpayers, and the principal and interest borne by the guaranteed taxpayers due to unpaid loans shall not be deducted before tax in the guarantee enterprises.
Three, all wage expenses of enterprises, including subsidies included in management expenses, should be included in the total wages when determining taxable wages and linked wages.
4. If the investor's enterprise suffers losses, the profits earned by the investor from the joint venture shall be used to make up the losses, and the surplus after making up the losses shall be calculated according to the difference between the legal tax rate of the investor's enterprise and the applicable tax rate of the joint venture in accordance with the relevant provisions of the joint venture tax.
Five, taxpayers in accordance with the unified provisions of the people's governments of provinces, autonomous regions and municipalities directly under the central government to pay the employment security fund for the disabled, can be deducted before the enterprise income tax.
Six, enterprises in accordance with the provisions of the housing subsidies and housing difficulties subsidies issued to employees, in the enterprise housing working capital expenditure. Housing provident fund paid by enterprises shall be charged in the housing turnover fund; The insufficient part can be charged before tax after being audited by the competent tax bureau.
Seven, where foreign-invested enterprises located in special economic zones (excluding high-tech industrial development zones) and other economic zones are subject to the tax rate of 15% or 24%, the profits shared by China investors shall be taxed according to the provisions of the joint venture.
Eight, the purchase of government bonds issued by the Ministry of Finance interest income is not subject to enterprise income tax. National key construction bonds issued by the State Planning Commission and financial bonds approved by the People's Bank of China shall be taxed according to regulations.
Nine, private enterprises in accordance with the unified provisions of the administrative department for Industry and commerce to pay business management fees, allowed to be deducted before tax.