In practice, the accounting methods of most enterprises are consistent with the provisions of the tax law. However, there are also some enterprises whose accounting depreciation period is longer than the minimum depreciation period stipulated in the tax law for various reasons.
In practical work, there are two ways to deal with accounting depreciation that exceeds the minimum depreciation period stipulated in the tax law.
First, there is no difference between accounting and tax law, and no tax adjustment is made.
Second, if an enterprise can correctly calculate the temporary difference (timing difference) caused by the inconsistency between the depreciation period stipulated in the tax law and the accounting in accordance with the provisions of the unified national accounting system, it can make tax adjustment on the difference between the accounting depreciation amount of such fixed assets and the depreciation amount determined in accordance with tax laws and regulations when filing with the competent tax authorities.
The second method is often used in accounting treatment of listed companies, and its depreciation change is to adjust and increase accounting profits and improve performance without paying tax costs.
situation
2011116 Du Nan Environment announced that the board of directors decided to change the accounting estimate of depreciation of fixed assets, and the depreciation period of machines and equipment in polysilicon business of Inner Mongolia Du Nan Photovoltaic Technology Co., Ltd., a wholly-owned subsidiary of the company, was changed from 10 to 20 years. According to the data, the present value of Du Nan Photovoltaic machinery and equipment is about 654.38+0 billion yuan, and the annual depreciation difference before and after this accounting estimate change is about 47.5 million yuan. Therefore, the annual net profit of Du Nan Photovoltaic increased by 47.5 million yuan.
Faced with the pressure of performance, some listed companies will save themselves on paper and extend the depreciation period of fixed assets as a means to increase profits. For example, Beijing Wei Bei Communication Technology Co., Ltd. announced that from July 0 1 1, the service life of fixed assets of houses and buildings will be adjusted from the current 20 years to 20-50 years.
The purpose of extending depreciation of listed companies is that some listed companies intend to extend the depreciation period of fixed assets, reduce depreciation expenses and increase accounting profits. Because the taxable income can be reduced according to the minimum depreciation period stipulated in the tax law when calculating the taxable income, the taxable income does not increase with the accounting profit, and there is no extra enterprise income tax.
Is it legal for listed companies to do so?
Analysis 1
According to Article 8 of the Enterprise Income Tax Law, reasonable income-related expenses actually incurred by an enterprise, including costs, expenses, taxes, losses and other expenses, are allowed to be deducted when calculating taxable income. Enterprise depreciation is a reasonable expenditure related to the actual income of the enterprise and should be allowed to be deducted according to the minimum period stipulated in the tax law.
Analysis 2
According to the "People's Republic of China (PRC) State Taxation Administration of The People's Republic of China on printing and distributing
1 column "Account amount": the original value (or historical cost) of depreciated and amortized assets calculated by taxpayers according to the unified national accounting system.
The second column "tax basis" indicates the depreciation and amortization amount deducted before tax calculated by the taxpayer according to the provisions of the tax law.
Column 3: Fill in the depreciation and amortization period calculated by the taxpayer according to the unified national accounting system.
Column 4: Fill in the number of years for taxpayers to calculate pre-tax depreciation and amortization according to tax regulations.
Column 5: The declared taxpayer shall calculate the depreciation and amortization amount of this tax year according to the unified national accounting system.
Column 6: Fill in the amount of depreciation and amortization deducted before tax calculated by taxpayers according to tax regulations.
Column 7: Amount = Column 5-6. If this column is positive, the tax revenue will increase; If this column is negative, the tax revenue will be reduced.
According to the provisions of the above documents, if the depreciation period of enterprise accounting is longer than that stipulated in the tax law, it can be reduced or exempted.
Analysis 3
The depreciation that an enterprise should accrue in the current year but has not accrued may be allowed to be replenished in accordance with the provisions of the Tax Administration Law.
Example: In 20 10, a company found that the depreciation of fixed assets in 2008 and 2009 was less than 200,000 yuan, and made a supplementary provision. Then the enterprise can deduct the income tax before tax when it is settled on 20 10.
According to Article 9 of the Regulations for the Implementation of the Enterprise Income Tax Law, the taxable income of an enterprise is calculated on the accrual basis and belongs to the income and expenses of the current period, regardless of whether the payment is received. Explain that the depreciation undercharged in previous years can only be deducted before tax in the current year. In addition, Article 51 of the Law on the Administration of Tax Collection stipulates that if the tax paid by a taxpayer exceeds the tax payable, the tax authorities shall refund it immediately after discovering it; If a taxpayer finds out within three years from the date of final settlement of the tax, he may request the tax authorities to refund the overpaid tax and add interest on the bank deposits during the same period, and the tax authorities shall immediately refund it after timely verification; If it involves withdrawing the treasury, it shall be returned in accordance with the provisions of laws and administrative regulations on treasury management.
For the expenses such as depreciation that should be accrued but not accrued in the previous year of the enterprise, if it has not exceeded three years, it can be made up in the accounting of the enterprise. Enterprise income tax will not be adjusted in the supplementary year, but it should be deducted before tax in the year when amortization should be accrued.
Taxpayers find that the deductible depreciation is less, so it should be legal and reasonable to extend the depreciation period and deduct it according to the minimum depreciation period stipulated in the tax law.
Based on the above analysis, the accounting depreciation method of enterprises is longer than the minimum depreciation period stipulated in the tax law, and the depreciation accrued is less, which can be reduced through taxation. However, its accounting treatment method should conform to the unified national accounting system, and once the adjustment is confirmed, it shall not be changed. At the same time, establish an asset depreciation tax adjustment ledger.