10 Major Tax Time Requirements For The Year

The first point: in the tax year, the individual investor borrows from his investment enterprise (except the sole proprietorship enterprise and partnership enterprise) and fails to return it after the end of the tax year, and is not used for the production and operation of the enterprise. How to deal with the outstanding loan?

According to [fiscal and taxation [2003]158] second: in the tax year, the individual investor borrows from his investment enterprise (except the sole proprietorship enterprise and the partnership enterprise), does not return it after the end of the tax year, and is not used for the production and operation of the enterprise. The loan that is not returned can be regarded as the dividend distribution of the enterprise to the individual investor, and the personal income tax is calculated according to the item "interest, dividends and bonus".

So those shareholders who like to borrow money from the company must clear their debts in time and borrow them in the coming year.

Second points: the determination of the deadline for the tax authorities to accept the application for declaration of assets loss in the current year.

According to the Announcement No. twenty-fifth of 2011 of the State Administration of Taxation, when an enterprise makes the annual settlement of enterprise income tax, it can make the assets loss declaration materials and tax data as annexes to the annual tax returns of enterprise income tax and submit them to the tax authorities.

In case of loss of assets belonging to a specific declaration, the enterprise can not submit relevant materials within the prescribed time limit for special reasons, and may apply to the competent tax authorities.

The loss of assets caused by an enterprise should be deducted before the tax according to the prescribed procedures and requirements.

Undeclared losses shall not be deducted before tax.

However, the following year can still be declared and deducted according to the regulations. The specific provisions are as follows:

If the assets loss that the enterprise has suffered in the previous year can not be deducted before the current tax year, it may explain to the tax authorities in accordance with the provisions of Announcement No. 25 and make special declaration and deduction.

Among them, the actual assets loss is allowed to be supplemented to the annual deduction of the loss, and the period of submission confirmation is generally not more than five years. However, due to the loss of assets lost in the pitional period of the planned economy system, the loss of assets that can not be deducted in time due to disputes arising from the disputes in the process of restructuring and listing, the loss of assets caused by the undertaking of national policy tasks and the loss of assets caused by the unclear policy nature, the confirmation period of the supplementary compensation can be appropriately extended after approval by the State Administration of taxation.

Loss of statutory assets should be deducted from the declared year.

The enterprise income tax paid by the enterprise which has been overpaid due to the deduction of the actual assets loss in the previous year can be deducted from the taxable amount of the enterprise income tax in the year of the year of confirmation, and the deduction is deductible to the next year.

Where a company's actual assets losses occur after the annual deduction of losses after the loss is made, the losses incurred in the year of the assets loss should be adjusted first, and the enterprise income tax paid in the next year shall be calculated according to the principle of making up the losses, and the tax treatment shall be carried out according to the preceding paragraph.

The third point: when the relevant cost and expenses actually occurred in an enterprise during the year, due to various reasons, the valid certificate of the cost and cost can not be obtained in time.

According to the Announcement No. [2011] No. thirty-fourth of the State Administration of Taxation, sixth: the relevant costs and expenses actually incurred in an enterprise during the year are not valid for obtaining the valid certificate of cost and cost in a timely manner because of various reasons. When the enterprise pays quarterly income tax in advance, it can calculate the book amount temporarily, but when the settlement is paid, the effective certificate of the cost and cost should be supplemented.

That is to say, the invoices that have not been obtained during the business year must be invoices during the period of settlement, otherwise, no tax deduction can be made before the current year.

However, according to the Announcement No. fifteenth issued by the State Administration of Taxation on 2012, the enterprise will make a supplementary deduction to the annual calculation of the project after obtaining the special declaration and explanation after the receipt of the invoice in the following year, but the confirmation period for submission shall not exceed 5 years.

Fourth points: after the enterprise's fixed assets are put into use, due to the outstanding payment of the project, the full invoice has not been processed.

According to the fifth letter of the state tax Letter No. [2010]79: after the enterprise's fixed assets are put into use, due to the fact that the project money has not yet been cleared, the full amount of invoice has not been obtained, it can be counted as the depreciation base of the fixed assets tax base temporarily according to the amount stipulated in the contract, and be adjusted after the invoice has been obtained.

However, the adjustment should be carried out within 12 months after the use of fixed assets.

Fifth points: the time period for making up a deficit is five years.

According to the tax law, taxpayers who have annual losses can be made up for the next tax year. The income of the next tax year can not be remedied, but it can continue to make up for each year, but the longest period of compensation can not exceed five years.

Special attention should be paid to those who will soon exceed the compensation period. Meanwhile, the loss making enterprises should also make financial plans in advance so as not to cause unnecessary losses.

The sixth point: how to convert the enterprise income tax in the currency other than RMB in advance and when the enterprise income tax is paid in advance?

According to the regulations on the implementation of the enterprise income tax law of the People's Republic of China, when the 130th enterprise income is calculated in terms of currency other than Renminbi, when the enterprise income tax is paid in advance, the taxable income shall be converted into Renminbi according to the middle price of the RMB exchange rate on the last day of the month or the last quarter of the year.

At the end of the year, when the final settlement is paid, the tax payable in accordance with the monthly or quarterly profits will no longer be calculated again. Only the portion of the enterprise income tax that is not paid in the tax year will be converted into Renminbi in accordance with the middle price of the RMB exchange rate on the last day of the tax year.

Seventh points: business pactions between enterprises and their affiliates, which do not conform to the principle of independent paction, or the implementation of other arrangements that do not have a reasonable commercial purpose, should be traced back to tax.

According to the regulations on the implementation of the enterprise income tax law of the People's Republic of China (hereinafter referred to as the "Regulations on the implementation of the enterprise income tax law of the PRC"), the business dealings between the 123rd enterprises and their affiliated parties do not conform to the principle of independent paction or if the enterprises implement other arrangements that do not have a reasonable commercial purpose, the tax authorities shall have the right to carry out tax adjustment within 10 years from the tax year that the business occurs, which is a common problem in practice.

Eighth points: enterprises in the middle of the year to terminate

When will the settlement be concluded?

According to the enterprise income tax law of the People's Republic of China, when the fifty-fifth enterprises terminate their business activities in the middle of the year, they shall, within sixty days from the date of actual business termination, handle the settlement of the current enterprise income tax with the tax authorities.

Enterprises shall declare to the tax authorities on their liquidation income and pay enterprise income tax according to law before they cancel their registration.

Ninth points: qualified residents between enterprises

How to levy income tax on equity investment and dividends?

According to the twenty-sixth income tax law of the eighty-third enterprise income tax law, the equity investment income, such as dividends, dividends, etc., among eligible residents, refers to the investment income obtained by resident enterprises directly investing in other resident enterprises.

The equity income of dividends, dividends and other rights mentioned in the twenty-sixth, second and third terms of the enterprise income tax law does not include the investment income that has been held for 12 months after the public offering and circulation of the shares of the resident enterprise is held continuously, because dividends, the bonus itself is the after tax profit, and then the tax is repeated taxation, so it does not levy.

Tenth points: Yes.

In the case of tax or tax fraud, the tax authorities pursue the limitation of the tax paid or paid by the tax authorities or the time they have defrauded.

Article fifty-second: if the taxpayer or the withholding agent fails to pay or pay less taxes due to the responsibilities of the tax authorities, the tax authorities may require taxpayers and withholding agents to pay taxes in three years, but they may not impose additional late fees. If the taxpayers or the withholding agents fail to pay or pay less taxes, if they fail to pay or pay less taxes, the tax authorities can levy taxes and late fees within three years. If there are special cases, the tax collection period can be extended to five years. According to the People's Republic of China tax collection

That is to say, if the enterprise has the intention of evading taxes, resisting taxes and cheating the tax, the tax bureau can pursue it indefinitely.