1. The reasons for borrowing from the company are as follows:
(1) The reasons why individuals borrow money from enterprises are: purchasing sporadic office supplies, business trip reserve funds, advance wages, etc. And individuals need to go through strict examination and approval procedures to borrow money from enterprises;
(2) Employees who borrow money from the company need to bring the following materials: application for personal housing mortgage loan, unit-to-individual certificate, copy of the borrower's ID card, copy of the borrower's household registration book, etc.
2. Legal basis: Article 36 of the Law of People's Republic of China (PRC) on the Administration of Tax Collection.
Business dealings between enterprises or institutions and places engaged in production and business operations established by foreign enterprises in China and their affiliated enterprises shall be charged or paid according to business dealings between independent enterprises; The tax authorities have the right to make reasonable adjustments if the amount of taxable income or income is reduced without collecting or paying the price or expenses according to the business dealings between independent enterprises.
Article 37
Taxpayers engaged in production and business operations and taxpayers temporarily engaged in business operations fail to go through tax registration according to the regulations, which shall be approved by the tax authorities and ordered to pay; In case of non-payment, the tax authorities may detain commodities and goods whose value is equivalent to the tax payable. If the tax payable is paid after the seizure, the tax authorities must immediately lift the seizure and return the seized commodities and goods; If the tax payable is not paid after the seizure, with the approval of the Commissioner of Taxation at or above the county level, the seized commodities and goods shall be auctioned or sold according to law, and the proceeds from the auction or sale shall be used to offset the tax.
Second, how to deal with the fiscal and taxation problems of enterprises borrowing from other enterprises?
The tax treatment of enterprises borrowing from other enterprises is as follows:
1. Regarding the loan between related parties, the Notice of the Ministry of Finance on Tax Policy Issues Concerning the Pre-tax Deduction Standard for Interest Expenses of Related Parties of Enterprises in State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) clearly points out that when calculating the taxable income, the interest expenses actually paid by enterprises to related parties shall be deducted if they do not exceed the following proportion and the relevant provisions of the tax law and its implementing regulations, and the excess part shall not be deducted in the current year and the following years. The ratio of debt investment and equity investment of financial enterprises to related parties is 5:1; Other enterprises are 2:1;
2, whether the enterprise can provide relevant information in accordance with the relevant provisions of the tax law and its implementing regulations, and prove that the relevant trading activities conform to the principle of independent trading; Or if the actual tax burden of the enterprise is not higher than that of the domestic related party, the interest expenses actually paid to the domestic related party shall be deducted when calculating the taxable income. Enterprise income tax shall be paid in accordance with the relevant provisions for the non-conforming interest income obtained by enterprises from related parties;
3. The tax law defines the borrowing of funds between enterprises, and within the standard, the interest expenses incurred are allowed to be deducted.