1. Branch does not have independent legal personality, and its external creditor's rights and debts are all borne by the head office. However, generally speaking, branches are relatively independent in business. At the time of cancellation, the head office shall conduct liquidation and receive its assets, creditor's rights and outstanding debts. Form a liquidation statement through liquidation, confirm the profit and loss, and report it to the local competent tax authorities for approval, and the head office will conduct corresponding accounting treatment accordingly.
Two, the head office in the form of consolidated statements, with its net assets (losses) and the head office book allocation to offset and confirm the loss. At the same time, the creditor's rights and debts should be merged into the account of the head office.
Three, when the loss is confirmed, the income tax involving the head office and branches should be linked with the tax (especially the head office).
4. Finally cancel the business license/tax registration certificate/organization code certificate of the branch. Note: 1. Cancel tax registration. Required information: original and photocopy of tax registration certificate, invoice and invoice purchase book, and fill in the cancellation application form. Cancel the national tax first, and then cancel the local tax;
2. Cancel the business license and make an announcement first, with the original and copy of the business license. Tax cancellation certificate, fill in the cancellation application form;
3. Finally, cancel the organization code certificate with the business license, tax registration and bank account cancellation certificate.
Legal basis:
Company Law of the People's Republic of China
Article 14 A company may set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company.
A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law.
Article 179 Where a company is merged or divided and its registered items change, it shall register the change with the company registration authority according to law; If the company is dissolved, it shall go through the cancellation of registration according to law; Where a new company is established, it shall be registered in accordance with the law.
Where a company increases or decreases its registered capital, it shall register the change with the company registration authority according to law.