In order to thank Company B for its support, Company A decided to donate a house to Company B for free. The original book value of the property is 800,000 yuan, with depreciation of 300,000 yuan and fair value of 6,543,800 yuan. Both Company A and Company B are profit-making enterprises, and the corporate income tax rate is 33%. The shareholders of Company B are natural persons, and there is no relationship between Company A and Company B (for the convenience of calculation, it is assumed that only business tax and income tax are considered).
The Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax stipulates that if a unit gives real estate to others for free, it will be regarded as selling real estate; According to the Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on the Implementation of Enterprise Accounting System > Relevant Income Tax Need to be Clear (Guo Shui Fa [2003] No.45), enterprises should handle income tax in two businesses: foreign sales and donations measured at fair value. Donations made by enterprises abroad shall not be deducted before tax, except for public welfare disaster relief donations in accordance with tax laws and regulations. When an enterprise accepts donated non-monetary assets, it must confirm the donation income according to the recorded value of the assets at the time of accepting the donation, incorporate it into the taxable income of the current period, and calculate and pay enterprise income tax according to law. If the donation income obtained by an enterprise is relatively large and it is indeed difficult to pay taxes in a tax year, it can be included in the taxable income of each year on average within a period of not more than 5 years after being examined and confirmed by the competent tax authorities. When the donated inventory, fixed assets, intangible assets and investment are used for operation or sale in the future, the enterprise may carry forward the inventory sales cost and investment transfer cost or deduct the depreciation of fixed assets and amortization of intangible assets in accordance with the provisions of the tax law.
According to the above policy, the tax burden of Company A and Company B is calculated as follows:
Business tax payable by the company 1. A The transaction of real estate is:100× 5% = 50,000 yuan.
2. The corporate income tax payable by Company A as a sales link is [100-(80-30)-5] × 33% =148,500 yuan.
3. The corporate income tax that Company B should bear when accepting donated assets is:100× 33% = 330,000 yuan.
plan
In order to avoid the high tax burden caused by direct donation between enterprises, company A can first invest its property in company B and obtain the corresponding equity of company B, and then donate the equity to the original shareholders of company B. In this way, the recipient of the donation becomes an individual from the enterprise.
The Ministry of Finance's Notice of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on Business Tax on Equity Transfer (Caishui [2002] 19 1No.) stipulates that "the act of investing in shares with intangible assets and real estate and sharing the investment risks with the investor's profit distribution is not subject to business tax." . There is no business tax on equity transfer (note: there is no business tax on intangible assets and real estate transfer). The Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Some Income Tax Issues Concerning Enterprise Equity Investment Business (Guo Shui Fa [2000]1KLOC-0/8) stipulates that "when an enterprise invests in foreign countries with some non-monetary assets obtained from its business activities, it shall be divided into two economic businesses, namely non-monetary assets and investment, for income tax treatment, and the gains or losses from asset transfer shall be calculated and confirmed according to regulations. "
According to the above policy, the planned tax burden of Company A and Company B is calculated as follows:
1. The company invests in real estate overseas, and the sales of real estate do not need to pay business tax, and the donation of equity does not fall within the scope of business tax.
2. A company's foreign investment in real estate should be regarded as sales to calculate the income from asset transfer, and the enterprise income tax it should bear is 6,543,800 yuan (same as above). The taxable cost and fair value of company A's equity acquisition are both 654.38+0 million yuan, so it is not necessary to confirm the income from foreign equity donation, and the donation fee is not deducted before tax.
3. The real estate invested by Company B can still be depreciated according to the fair value of RMB 6,543,800+0,000, and deducted before tax. Because the recipient of the donation has changed from Company B to the shareholder of Company B, Company B does not need to confirm the donation income. The shareholders of Company B are all natural persons, and individuals who accept donated shares need not pay personal income tax.
It can be seen that the implementation of this plan has also achieved the purpose of donating real estate, and at the same time the tax burden has been reduced by 330,000 yuan+50,000 yuan = 380,000 yuan.
comment
"Introduction from the East to the West" is a strategy of alternating things, that is, hitting and leaving, creating an illusion, luring the enemy to make a wrong judgment, and then taking the opportunity to annihilate the enemy. In order to confuse the enemy's command, we must take flexible actions. We didn't intend to attack A, but pretended to attack. Originally decided to attack B, but there was no sign of an attack. It seems that you can do it but don't do it, and it seems impossible to do it, so that the enemy can't infer his intentions and be confused by the illusion and make a wrong judgment.
In the above planning scheme, Company A does not intend to own the equity of Company B, but pretends to invest. Originally, the real estate was to be donated directly to Company B, but there was no sign of direct donation. The subject of donation was cleverly changed from real estate to equity, and the object of donation was changed from Company B to the shareholder of Company B, which not only achieved the purpose of donation, but also reduced the tax burden of both parties. This planning idea can be said to be a typical example of "a diversion from the East (real estate, Company B) and a diversion from the West (equity, shareholders of Company B)".