Cases and self-taxation
In September, 20 16, Company A obtained an office building of Company A through a court decision, which was equivalent to 80 million yuan, and the office building was transferred to Company A. In September, 20 17, Company A wanted to sell the office building to Company B, a real estate development company, because of the shortage of funds. Company B took a fancy to the convenient transportation environment of the office building and had room for appreciation. The current appraisal value of this office building is110 million yuan, and Company A has no other substantial assets except this office building. The paid-in capital of Company A is100,000 yuan, and both parties intend to complete this business transaction by means of equity transfer, with the equity transfer value of120,000 yuan. Suppose that the local tax authorities of Company A transfer the real estate of Company A by means of equity transfer.
B real estate company intends to continue to develop office buildings after acquiring the shareholders' equity of company A, and plans to divide them for sale after fine decoration. It is estimated that the cost of fine decoration is 40 million yuan, and the sales income can reach 200 million yuan. Taxes payable are as follows:
VAT payable = (20000-8000) ÷ (1+5%) × 5% = 571.43 (ten thousand yuan), and urban maintenance and construction tax, education surcharge and local education surcharge = 571.43 shall be paid.
Land value-added tax settlement income = 20000 ÷ (1+5%) =19047.62 (ten thousand yuan), land value-added tax deduction project amount = (8000+4000) × (1+20%+/kloc-0. Value-added amount =19047.62-15668.57 = 3379.05 (ten thousand yuan), and value-added rate = 3379.05 ÷15668.57 = 21.57%.
Book profit =19047.62-8000-4000-68.57-1013.72 = 5965.33 (ten thousand yuan), and payable enterprise income tax = 5965.33× 25% =/kloc- Book net profit = 5965.33-1491.33 = 4474 (ten thousand yuan), and actual net profit = 20000-(12000-1000)-4000-57/kloc.
Company B thinks this project is worth investing.
Analyze its tax plan error.
1. VAT calculation method is wrong.
Company B gains control over Company A by acquiring the shareholders' equity of Company A, and the tax basis of Company A's book assets remains unchanged. Company B should take Company A as the main body to calculate the value-added tax payable.
It is estimated that the fine decoration cost is 40 million yuan, assuming that the input tax can be 5 million yuan, the sales income can be 200 million yuan, and the output tax = 20,000 ÷ (1+1%) ×11%= 65. The purchase cost is only determined by the court, and there is no special invoice for real estate transfer VAT, so the input tax cannot be deducted.
2. The calculation method of land value-added tax is incorrect.
The land value-added tax settlement income of Company A = 20000-1981.98 =18018.02 (ten thousand yuan), and the urban maintenance and construction tax, education surcharge and local education surcharge should be paid =148/kl. The local tax authorities of Company A allow the deduction of the price and tax paid for the purchase of real estate development projects under construction after the enterprise continues to build, but it shall not be deducted as the price paid for obtaining the land use right and the real estate development cost plus 20%; Subsequent construction expenditure deduction projects shall be handled in accordance with the relevant provisions of Article 6 of the Provisional Regulations on Land Value-added Tax and Article 7 of the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax.
The amount of land value-added tax deduction item = 8000+(4000-500) × (1+20%+10%)+177.84 =12727.84 (ten thousand yuan), and the added value = 60. The value-added rate = 5290.18 ÷12727.84 = 41.56%, the applicable tax rate is 30%, and the land value-added tax payable = 5290.18× 30% =/kloc-
Book profit =18018.02-8000-(4000-500)-177.84-1587.05 = 4753.13 (ten thousand yuan) Book net profit = 4753.13-188.28 = 3564.85 (ten thousand yuan), actual net profit = 20000-(12000-1000)-
Conclusion: the project can barely be invested, but if the management expenses and sales expenses are included, it may not be worth investing.
From the above analysis, it can be seen that the original acquisition time of real estate acquired by Company B through equity acquisition is fundamentally different around 20 16 and 1, so we can choose a simple tax calculation method before April 30, 20 16. After May of 20 16, 1 year, only the general tax calculation method can be applied, and the court decision cannot replace the special VAT invoice, and there is no input tax to be deducted. Can you choose a simple tax calculation method in this special situation? There is no policy to allow this at present.
What if Company A obtains the property decided by the court before April 30, 20 16? If Company A acquired an office building of Company A in April 2065438+2006, equivalent to 80 million yuan, other conditions being unchanged, real estate company B will continue to develop the office building after acquiring the equity of Company A, and then sell it. It is estimated that the fine decoration cost is 40 million yuan and the sales income is 200 million yuan.
VAT payable = (20000-8000) ÷ (1+5%) × 5% = 571.43 (ten thousand yuan), and urban maintenance and construction tax, education surcharge and local education surcharge = 571.43 shall be paid. Land value-added tax settlement income = 20000 ÷ (1+5%) =19047.62 (ten thousand yuan), land value-added tax deduction project amount = 8000+4000× (1+20%+10.
Book profit =19047.62-8000-4000-68.57-2057.72 = 4921.33 (ten thousand yuan), and enterprise income tax payable = 4921.33× 25% =/kloc. Actual net profit = 20000-(12000-1000)-4000-571.43-68.57-2057.72-1230.33 =/kloc-0.
Conclusion: Although the investment return rate of this project is not high, it is more profitable than the general taxation method of value-added tax.
After comprehensively considering objective conditions such as taxation, consider investment. Do you understand the calculation method brought by the financial water army today?