The enterprise income tax law and its implementing regulations stipulate that the expenditures incurred by enterprises should be distinguished from those incurred by capital. Income and expenditure are directly included in the current profit and loss; Capital expenditure shall be included in the owner's equity when it occurs. The tax late payment fee belongs to the fine caused by the enterprise's failure to pay taxes within the prescribed time limit, and should be included in the cost, expense or loss of the enterprise as an expense, and deducted from the taxable income when the enterprise income tax is settled.
The process of paying enterprise income tax for overdue fine is as follows:
1. The enterprise shall immediately pay back the taxes and late fees after learning of the late fees;
2. After paying taxes and late fees, enterprises need to fill in the late fee declaration form within the time limit prescribed by the tax authorities, and submit bills containing late fees and late fee payment books issued by the tax authorities to the tax authorities;
3. After reviewing the materials submitted by the enterprise, the tax authorities will issue a decision on tax reduction or exemption for late fees within 10 working days, and the enterprise can prepare a detailed list of tax late fees according to the decision, and declare as required;
4. After receiving the decision on tax reduction and exemption for late fees, the enterprise should log in to the Electronic Taxation Bureau in time to inquire whether there is any relevant information on the decision on tax reduction and exemption for late fees;
5. If an enterprise disagrees with the tax authorities' decision to reduce or exempt the overdue fine, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
To sum up, enterprises need to pay taxes and late fees in time and pay late fees in accordance with regulations. If there is any objection to the tax authorities' decision to reduce or exempt the overdue fine, they may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Legal basis:
"People's Republic of China (PRC) tax collection and management law" thirty-second.
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.