1. Enterprise income tax treatment

Shopping gifts are directly related to the sales behavior of enterprises. Giving away goods while selling goods is a normal transaction motivated by profit, which belongs to bundled sales or price reduction sales. Under normal circumstances, enterprise income tax should be based on the provisions of the Notice of State Taxation Administration of The People's Republic of China on Several Issues Concerning the Confirmation of Enterprise Income Tax Income (Guo Shui Han [2008] No.875) that it is not a donation for an enterprise to sell its own goods in a combined way, and the total sales amount should be apportioned according to the proportion of the fair value of each commodity, and the income tax should be calculated and paid.

2. Two different treatments for VAT due to invoicing.

Value-added tax belongs to discount sales from the perspective of the overall value chain. Value-added tax should be levied based on the income obtained from the sales activities of enterprises, and there are two ways to make out invoices.

First, the actual value of the gift is priced together with the commodity, and then the gift price is used as a discount, and the discount amount is indicated in the "Amount" column of the same invoice. In this regard, the Notice of State Taxation Administration of The People's Republic of China on Printing and Distributing the Provisions on Some Specific Issues of Value-added Tax (Guo Shui Fa [1993]154) stipulates that taxpayers sell goods at a discount, and if the sales amount and depreciation amount are separately indicated on the same invoice, value-added tax can be levied according to the discount amount of sales; If the discount amount is invoiced separately, no matter how it is handled financially, it shall not be deducted from the sales amount. The Notice of State Taxation Administration of The People's Republic of China on the Issue of Discount Offset VAT Taxable Sales (Guo Shui Han [2010] No.56) further clarifies that the sales amount and discount amount stipulated in Guo Shui Fa [1993]154 are indicated on the same invoice, specifically, the sales amount and discount amount are indicated in the "Amount" column of the same invoice. If the discount amount is not indicated in the "Amount" column of the same invoice, but only indicated in the "Remarks" column of the invoice, the discount amount shall not be deducted from the sales amount.

Example: Company A usually sells a certain TV set at a price of 2,500 yuan/set excluding tax, and the purchase cost is 2 100 yuan/set excluding tax. Under normal circumstances, the value-added tax payable for selling a TV set = 2,500×17%-2100×17% = Taxable income = 2500-2 100 = 400 (yuan), and the corporate income tax is100 yuan at the rate of 25%. Now, promotion activities are carried out. The customer buys a TV set of this model at 2500 yuan/set, and an induction cooker is attached. The sales price of the induction cooker is 230 yuan/set without tax, and the purchase cost is kloc-0/80 yuan/set without tax.

Indicate the discount amount in the "amount" column of the invoice, that is, the TV set 2500 yuan and the 230 yuan of the induction cooker are issued on the invoice respectively, and then the discount amount 230 yuan is indicated in the amount column of the invoice, and the sales income excluding tax is 2500 yuan.

Second, when issuing sales invoices, learn from the provisions of Article 3 of the Notice of State Taxation Administration of The People's Republic of China on Several Issues Concerning the Confirmation of Enterprise Income Tax Income (Guo Shui Han [2008] No.875), and when issuing sales invoices, share the total sales amount of gifts and commodities according to the proportion of fair value of each commodity to confirm the sales income of gifts and commodities, and levy value-added tax according to the total sales amount.

That is to say, TV set 2290 yuan [2500× 2500 ÷ (2500+230)] and induction cooker 2 10 yuan [2500× 230 ÷ (2500+230)] were issued on the invoice, and the total sales income excluding tax was 2500 yuan.

Under the above two billing methods, the output tax of a company selling a TV set with an induction cooker is 425 yuan (2500× 17%), and the input tax is 2100×17%+180×17. The taxable income of enterprise income tax = 2500-2100-180 = 220 (yuan), and the tax calculated at the rate of 25% is 55 yuan.

3. Personal income tax treatment

According to the Notice of the Ministry of Finance and State Taxation Administration of The People's Republic of China on Personal Income Tax Issues Concerning Gifts for Enterprise Promotion and Exhibition Industry (Caishui [No.20]1[Kloc-0] No.50), the gift induction cookers obtained by customers are not subject to personal income tax.

Tax-related treatment of free gifts

If in the sales of shopping gifts, the accountant will invoice the goods at fair value as sales income and treat the gifts as sales expenses; Or the gift amount is not indicated in the "amount" column of the same invoice for selling goods as the discount amount, but only in the "remarks" column of the invoice; As well as gifts made by merchants to customers who do not directly purchase their goods or services, according to the provisions of Article 16 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-added Tax, they should be treated as if they were selling goods. Gifts are not only calculated to pay value-added tax, but also calculated to pay enterprise income tax.

Continued example: When Company A sells a TV set, it issues an invoice according to the TV set's tax-free price of 2500 yuan, and the attached induction cooker is regarded as the sales expense, or only the "remarks" column of the invoice indicates that an induction cooker is given as a gift, then the induction cooker will be treated as sales in VAT treatment. When the induction cooker is purchased for this promotion, the output tax can be calculated according to the purchased price. The VAT output tax of the whole sales business is 455.6 yuan (2500×17%+180×17%), and the input tax is 2100×17%+17%. The purchase cost of induction cooker and the accrued output tax are used as the sales expenses, and the taxable income of enterprise income tax = 2500-2100-(180+180×17%) =189.4 yuan, at the rate of 25%.

Company A will treat the gifts as sales expenses or indicate the gifts in the remarks column of the invoice. According to the Notice of the Ministry of Finance and State Taxation Administration of The People's Republic of China on Personal Income Tax Issues Concerning Gifts for Enterprises' Promotion and Exhibition Industry (Cai Shui [20]1/Kloc-0] No.50), no personal income tax will be levied.

If an individual does not buy a TV set but randomly obtains a gift induction cooker from Company A, the individual should pay personal income tax at the rate of 20% according to the item of "other income" and the actual amount of induction cooker purchased by Company A (180+180×17%), and the tax should be paid by the gift giver.