How Much Is The Tax Planning Strategy Of Enterprise Income Tax?
In compliance with tax laws and regulations, in order to realize the maximization of enterprise value or the maximization of shareholders' rights, within the scope permitted by law, the enterprise itself or entrust an agent to arrange and plan such matters as management, investment and financial affairs.
A financial management activity that makes full use of all concessions provided by the tax law to optimize the selection of various tax schemes.
1. Taxpayers' planning
According to the enterprise income tax law, the taxpayer's identity is divided into the concept of "resident enterprise" and "non resident enterprise".
The resident enterprises undertake comprehensive tax payment obligations, pay taxes on all their income both inside and outside the territory, and non resident enterprises bear limited tax liability, and only pay taxes on their income derived from within the territory.
It also uses the double standards of registration and the location of the actual management to judge the residents and non resident enterprises.
The criteria for registration are easy to determine. Therefore, the key to the planning is the location of the actual administrative body.
The actual management organs generally judge the place of shareholders' meeting, the place of board of directors and the place of exercising command and supervision power.
The regulations on the implementation of the enterprise income tax law define it as an entity that implements substantive and comprehensive management and control over the production, operation, personnel, accounting and property of an enterprise.
Two. Planning of tax basis
1. revenue planning
The amount of income confirmation is the amount of money settled on the basis of revenue recognition.
The amount of merchandise sales revenue should be generally determined according to the amount of contract or agreement signed between the enterprise and the buyer. No contract or agreement should be determined according to the price agreed or acceptable by both the buyers and sellers. The total income of the labor service is generally determined according to the amount of the contract or agreement signed between the enterprise and the receiving labor party. If the total amount of the paction is increased or reduced according to the actual situation, the enterprise should adjust the total revenue of the contract in time; the interest income of the financial enterprise in the pfer of assets shall be determined according to the deposit and loan interest stipulated in the contract or agreement, and the use fee shall be determined according to the contract or agreement signed between the enterprise and its user.
However, in the measurement of income, there are always various income credit factors, which provides the tax planning space for enterprises to ensure that their incomes are not affected in general.
If all kinds of commercial discounts and sales are returned, foreign freight, loading and unloading fees, insurance premiums and commissions in sales of exported goods are equivalent to the actual sales.
Therefore, we should consider these factors as far as possible in order to reduce the tax base and reduce the tax burden.
2. planning for deductions
(1) planning for wages, salaries, staff welfare and staff education funds.
Employees' welfare expenses, trade union funds and education funds that the enterprises generate will be deducted according to the standard, and not exceeding the standard, deducted according to the actual number. The above standard can only be deducted according to the standard.
Therefore, on the basis of accurately determining the reasonableness of wages and salaries, as far as possible, the expenditure of wages and salaries can be paid as much as possible. Overspending benefits can be paid in the form of wages and salaries, and the total amount of wages will be increased. The amount of deductions will also be increased from the staff welfare, labor union funds and education funds raised by wage standards, so as to reduce the income tax burden, we can also increase workers' education and training opportunities, improve employee welfare and improve their work enthusiasm.
(2) planning of business entertainment expenses.
According to the current enterprise income tax law, business expenses incurred by enterprises in relation to production and business activities shall be deducted from 60% of the total amount incurred, but the maximum shall not exceed 0.5% of the sales (business) income of that year.
Among them, the sales (business) income also includes the provisions of the twenty-fifth regulations of the People's Republic of China enterprise income tax law.
What is the principle of low tax on these two conditions?
That is to say, 40% of the entertainment expenses that enterprises take is to pay taxes, and the remaining 60% depends on whether it exceeds 0.5% of the turnover.
If it is exceeded, the excess part will be taxed.
Therefore, enterprises should avoid excessive spending on hospitality.
(3) planning for advertising fees and business publicity fees.
In accordance with the provisions of the enterprise income tax law, the expenses for advertising and business publicity expenses that the enterprise meets shall be deducted from the 15% part of the sales (business) revenue of the year, unless the State Council's financial and tax authorities have otherwise provided for it. The excess part is allowed to deduct the tax year after the pfer.
Although the excess portion is allowed to deduct the annual deduction, the deductible time is long. It depends on the future operation of the enterprise. It is an uncertain factor.
Therefore, from the perspective of planning, expenditure should be within the limit as far as possible.
The tax law combines the advertising expenses and business publicity fees of enterprises with the pre tax deduction of the prescribed proportion. Then, some business propaganda of enterprises can give gifts and souvenirs printed with enterprise logo to the customers as a gift to the customers, so that they can achieve the purpose of advertising and at the same time reduce costs.
(4) planning for external donations.
The tax law stipulates that the expenses of public welfare donations of enterprises which do not exceed 12% of the total annual profits will be deducted.
The total annual profit refers to the annual accounting profits calculated by the enterprise in accordance with the provisions of the unified accounting system of the state.
Although the quota is deducted, the accounting profit is calculated based on the accounting standards. The adjustable space is larger than the taxable income. In addition, the enterprise can also make donations in the light of its own circumstances. This will not only contribute to the society, but also expand the popularity of the enterprises, establish a good image and reputation, and play a positive role in the sales and marketing of the products.
Three, tax planning
The current enterprise income tax law has consolidated the income tax rate of domestic and foreign enterprises to 25%, 8 percentage points lower than the original provisional regulations.
In addition, the preferential tax rates for the two files are 15% and 20% respectively.
Therefore, enterprises can choose the most suitable enterprise income tax planning plan according to their own circumstances.
1. small and low profit enterprises apply 20% tax rate.
Small profit enterprises refer to enterprises that are engaged in the state's non restrictive and prohibited industries and meet the following requirements: industrial enterprises, the annual taxable income is not more than 300 thousand yuan, the number of employees is not more than 100, the total assets are not more than 30 million yuan; other enterprises, the annual taxable income is not more than 300 thousand yuan, the number of employees is not more than 80, and the total assets are not more than 10 million yuan.
Therefore, small businesses can consider adjusting the number of employees, total assets and annual taxable income, so that they meet the requirements of small profit enterprises, thus applying 20% low tax rates.
2. the 15% tax rate should be applied to high tech enterprises with key support.
The high and new technology enterprises that need to be supported by the state mainly refer to enterprises that possess core independent intellectual property rights and meet the following requirements: products (services) fall within the scope stipulated in the "high and new technology field supported by the state"; the proportion of research and development expenses in sales revenue is no less than the prescribed proportion; the proportion of high-tech products (services) in total income of enterprises is no less than the prescribed proportion; the proportion of scientific and technological personnel in the total number of employees is no less than the prescribed proportion; other conditions stipulated in the management measures of high and new technology enterprises are determined.
Accordingly, high and new technology enterprises can consider adjusting the scope of products (services), increasing the proportion of research and development expenses to sales revenue, the proportion of high-tech products (services) in the total income of enterprises and the proportion of scientific and technological personnel in the total number of employees, making it a high-tech enterprise supported by the state, thus applying a low tax rate of 15%.
3. enterprises in ethnic autonomous areas
The parts of the enterprise income tax that the enterprises of the national autonomous areas should share in the local income may be decided by the organs of self-government of the national autonomous areas to reduce or exempt them.
Therefore, enterprises in ethnic autonomous areas should actively strive for the support of organs of self-government in ethnic autonomous areas so as to enjoy preferential treatment for reducing or exempting income tax.
Four, the planning of preferential policies
1. discount year
It is reasonable to select enterprises to enjoy preferential tax reduction and exemption year, so that the concessional year of enterprises can be distributed in the maximum profit year of enterprises, so as to maximize tax savings.
For a newly established enterprise, if it is less than 6 months' actual production and operation for the mid term opening year, it may apply to the competent tax authority to choose to pay enterprise income tax on the current income, and the execution period of reduction or exemption from enterprise income tax may be postponed to the next year.
If the newly established enterprises that meet the conditions of reduction and exemption are less than 6 months of actual operation, and can predict that the economic benefits of second years will be better than those of the previous year, they can choose second years as tax-free years and enjoy more preferential treatment.
2. investment area
Since the reform and opening up, the state has formulated different tax policies for different regions in order to adapt to the different situations in different regions, thus providing space for tax planning in investment areas.
In addition to considering the routine factors such as the hard environment of the investment location, the tax differences in different locations should also be taken into consideration.
As the most important economic lever, taxation embodies the state's economic policies and tax policies.
Therefore, investors should choose a regional investment plan that can lighten the tax burden of enterprises and maximize the economic benefits of enterprises, and make investment decisions.
3. investment projects
The current tax system has formulated different tax policies for different taxpayers of investment projects.
The types of enterprises that the state conducts tax leaning are those of high and new technology enterprises headed by the State Science and Technology Commission, welfare enterprises organized by civil affairs departments, welfare production units set up by streets, enterprises that resettle "four disabled" personnel, enterprises organized by water conservancy departments, and enterprises organized by agricultural departments.
At the same time, the tax law also implements preferential tax policies for the following products: for the development projects of the third industry, the income tax can be reduced or exempted according to industrial policies within a certain period; new enterprises in the "old, small, marginal and poor" areas can be reduced or exempted from income tax within 3 years; the pfer of technology from enterprises and institutions, and the technical consultation, technical services and technical training related to the pfer of technology in the process of technology pfer, with annual net income below 300 thousand yuan, shall be temporarily exempted from income tax.
Investors should comprehensively consider the target investment projects and combine the preferential tax policies to plan rationally.
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