Asset Management: Can We Get A Valid Tax Certificate Before Deducting It?

If there are special provisions in the tax law, it should be deducted in accordance with the provisions of the tax law even if legal and valid credentials are obtained.

That is to say, the payment of cost and expenses can not be unruly even if the legal documents are obtained before tax deduction.

According to the current enterprise income tax policies and regulations, seventeen kinds of payment items are summarized. Even if they have obtained legal credentials, they can not be deducted before tax, and can be referred to taxpayers for reference in the 2015 year enterprise income tax settlement.

In recent years, the state has issued a series of new incentives to pre tax deductions.

For social forces such as enterprises, institutions, social organizations and individuals, the public welfare donations under special circumstances of non-profit social organizations and state organs can be deducted in full amount in the taxable income of the year when the enterprise income tax is paid.

At the same time, the tax policy also stipulates ten kinds of enterprises' public interest donations, and does not allow pre tax deduction, including those that exceed 12% of the total profit of the year, those who have not obtained legal deductions, directly donate to individuals or units, are not in the donation list or are not belonging to the year of the name list, the overdue expenditures of public welfare donations, incomplete tax declaration materials, all kinds of sponsorship expenditures, corporate losses, public donations, non public interest donations, and authorized collection of enterprise donations.

In addition to entrusting personal agents, the fees and commissions paid by enterprises such as cash and other non pfer accounts shall not be deducted before tax.

That is to say, if it is not paid in the form of pfer, it can not be deducted before tax even if the business is authentic and the invoice of the intermediary service institution is obtained.

Therefore, it is required that the bank pfer must be carried out, and only if it meets these requirements can it be deducted.

The thirty-fourth provision of the People's Republic of China invoice management regulations stipulates that units and individuals may obtain tax related invoices or vouchers outside China. If the tax authorities have doubts about tax inspection, they may require them to provide confirmation certificates of overseas notarial institutions or certified public accountants, and they can be used as accounting vouchers after examination and approval by the tax authorities.

Overseas invoices can be used as proof of pre tax deduction. However, if there is any objection to foreign invoices during tax inspection, enterprises may be required to provide certificates of overseas notarial institutions or overseas certified public accountants.

Notice of the Ministry of Finance and the State Administration of Taxation on the pre Tax Deduction Policy for enterprise charges and commission expenses (fiscal 2009 [29]) stipulates that the fees and commissions paid by the enterprise to the relevant securities underwriting institutions for the issuance of equity securities shall not be deducted before tax.

The circular on tax treatment "(tax No. 1998] No. 101) stipulates that foreign invested enterprises and foreign enterprises shall directly pay for or cover all kinds of overseas business personal insurance premiums and overseas social insurance premiums paid by employees who work in China (including employees with domicile and non domicile in China) according to the requirements of the relevant state social insurance system, or as internal welfare or reward systems, such as unemployment insurance premiums, pensions, savings deposits, personal injury insurance premiums and medical insurance premiums paid to overseas social insurance institutions and commercial insurance institutions, etc., which can not be deducted before the enterprise income tax; however, the overseas insurance premium can be deducted before the enterprise income tax as the wages and salaries paid to employees. Relevant income from overseas premiums of employees of foreign invested enterprises and foreign enterprises

According to the documents issued by the State Administration of Taxation on the deduction of wages and salaries and welfare benefits for employees (No. 2009), 3, one of the requirements of a reasonable payroll payment is that the personal income tax has been withheld. Therefore, if the wages and salaries paid by enterprises are not withheld from the personal income tax, they can not prove the nature of their salaries and salaries. The salary and salary payment forms are not allowed to be deducted before the enterprise income tax.

Article thirty-sixth of the regulations on the implementation of the enterprise income tax law stipulates that except for the personal insurance premiums paid by the enterprises in accordance with the relevant regulations of the state for the workers of special types of work and other commercial insurance premiums that can be deducted by the competent department of Finance and taxation under the State Council, the business insurance premium paid by the enterprise for investors or employees shall not be deducted.

The statutory personal safety insurance premium paid by the enterprise according to the state regulations for the workers of special type of work, and the commercial insurance premium deducted before the tax by the competent department of Finance and taxation under the State Council, is allowed to be deducted before tax.

That is, the insurance premiums incurred by enterprises for their investors or employees to cover commercial insurance are only limited to the two listed above before they can be deducted before tax.

Commercial insurance premiums must not be deducted before tax.

The specific items permitted to be deducted from the enterprise income tax shall be deducted before tax according to the prescribed scope and standard.

The amount of expenditure exceeding the pre tax deduction and exceeding the pre tax deduction standard is not allowed to be deducted before tax.

Tax laws and regulations have specific deduction scope and standard (proportion or amount), and the actual expenses that exceed or exceed the legal scope and norm standard must not be deducted before tax.

The categories of expenses that can not be deducted before deducting the scope and quota are: employee welfare, staff education funds, trade union funds, business entertainment expenses, advertising and business publicity expenses, donation expenses, interest expenses, commission fees, commission expenses, five risks one gold, supplementary pension and supplementary medical insurance.

For example, the business entertainment certificate exceeds 5 of the sales revenue of that year, and can not be deducted before tax.

Article forty-third of the regulations on the implementation of the enterprise income tax law stipulates that the business entertainment expenses incurred by enterprises in relation to production and business activities shall be deducted from 60% of the total amount incurred, but the maximum amount shall not exceed 5 per cent of the sales (business) income of that year.

Therefore, the tax law stipulates that there is a limit for deductions. At this time, the amount of legal effective documents can not be deducted.

Regulations are deducted.

The salaries and salaries paid by taxpayers to the employees of the unit shall be the pre tax deduction certificates with the payroll and the corresponding payment documents.

Taxpayers should keep the wage distribution plan, wage settlement list, labor contracts signed by taxpayers and workers, personal income tax withholding, and the social security list of the social security institutions, etc., as required for reference.

In accordance with the second provision of the State Administration of Taxation on the deduction of wages and salaries of employees and welfare of workers and staff members (No. 3 of the state tax letter [2009]), the amount of wages and salaries that have been recognized by the state-owned enterprises in the cost of receiving external labor dispatch shall be included in the total wages and salaries of the enterprises.

The total amount of wages and salaries shall not exceed the limit given by the relevant government departments, and the excess part shall not be included in the total amount of wages and salaries of the enterprise, nor shall it be deducted when calculating the taxable income of the enterprise.

The meeting fees for taxpayers are invoices and payment documents before tax deduction.

The reasonable expenses for meeting expenses related to the income obtained by an enterprise should be provided by the competent tax authorities, and legal certificates and related materials can be provided to prove their authenticity. Otherwise, they can not be deducted before tax.

The materials for meeting fees should include: meeting time, location, budget, attendance personnel, content, purpose, cost standard, payment voucher, etc.

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.

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"Tenth, it is clear that the fine paid to the administrative organ, the fine of the judicial organ and the loss of property confiscated by the administrative organ or judicial authority must not be deducted before tax; but because the breach of contract, the fine, the late fee, the litigation fee and the interest on the deferred payment paid to the other party in violation of the economic contract are all income related expenses, which can be deducted in real terms.

The Circular of the State Administration of Taxation on the calculation of personal income tax paid by employers for employees' one-year bonus in part time (state tax administration Announcement No. twenty-eighth of 2011) fourth stipulates that the personal income tax paid by the employer for employees shall be part of the personal salary and shall be dealt with according to the deduction standard of wages and salaries expenses.

Those who are solely included in the management fees of enterprises shall not deduct the tax before tax when calculating the enterprise income tax.

The notice on the policy of pre tax deduction for advertising expenses and business publicity expenses "third [2012]] third clearly states that tobacco advertising and business publicity expenses of a tobacco enterprise shall not be deducted when calculating taxable income.

The expenses of tobacco advertising and business publicity expenses of tobacco enterprises must not be deducted when calculating the taxable income even if the valid deductions are obtained.

Many enterprises go abroad to investigate and require travel agencies to provide invoices.

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In case of expenditures for overseas study, the competent tax authorities shall provide legal evidence for proving the authenticity of the documents required by the tax authorities.

The proof material should include: name, location, time, task, payment voucher, etc.

Otherwise, it is not allowed to be deducted before tax.

The cost related to production and operation mainly includes: withholding and paying personal income tax, entrusting the freight on behalf of freight forwarding, etc., which should be borne by other personal expenses, holiday subsidies granted to retired workers, and shareholders will spend public funds on consumption expenses.

The individual investor takes the enterprise capital for himself, the family members to pay the expenditure that is not related to the business operation, and the shareholders will spend the public money on the property.

Enterprises invest in houses, automobiles, computers, stocks, funds and other properties, and register their ownership as investors, investors, family members, and units to provide free travel expenses for employees, entertainment, fitness, tourism, entertainment, shopping, gifts and so on.

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