1. Basic principles of enterprise tax planning
The necessary premise for enterprises to carry out tax planning is to take the law as the premise, and at the same time, they should follow the following principles:
(1) cannot be illegal. Tax planning should first be based on laws and regulations. Under the guidance of not violating relevant tax laws and regulations, enterprises should choose the best tax collection and management decision-making scheme to maximize tax benefits. Illegal tax evasion such as tax evasion can reduce the tax burden of enterprises, but for enterprises, they must bear the corresponding consequences in this way; In addition, the various methods of enterprise tax planning should also conform to the legislative intention of the state to formulate tax laws; At present, the positioning of enterprise tax planning in China is not clear, and enterprises can do it.
(2) The principle of cost-effectiveness. Because tax planning aims at saving taxes, the operation of tax planning itself also consumes corresponding manpower, material resources and financial resources, so the cost and benefits of planning must be considered when planning. Only when the economic benefits outweigh the new expenses or losses, the implementation of a planning scheme is a successful tax planning.
(3) Pre-planning, the principle of stability, tax planning should be a pre-management behavior, and the tax planning of enterprises should be planned and designed as a whole before the tax obligation arises. However, in real economic activities, the tax obligation is often later than the taxable behavior. After the operation and investment activities of enterprises are completed, it is unrealistic to reduce the tax burden of enterprises unless the methods of tax evasion and tax arrears are chosen, and tax planning will lose its significance.
(4) Tax planning should run through the whole process of enterprise activities, requiring the full participation of enterprises. When an enterprise makes tax planning, it should proceed from the overall situation of the enterprise and comprehensively consider all the business activities of the enterprise.
2. The necessary tax planning process for enterprises
(1) direct tax cost planning. The direct tax payment cost mainly refers to the tax paid directly in the business activities of enterprises, and it is also the most direct and main part of the tax payment cost of enterprises. The state is free and compulsory in tax collection and management, and can be given priority in tax debts. In business activities, we must first consider the impact of tax payment on cash flow and cost of enterprises. Therefore, the tax planning of enterprises should be combined with their business activities. When tax planning is carried out, it should be carried out according to its own enterprise nature and business activities.
(2) Enterprise investment and financing planning. In the financing decision-making of enterprises, capital demand and financing cost need to be considered. Different financing methods correspond to different financing channels and different capital structures, and enterprises have to bear different tax burdens. There are two main financing methods: debt financing and equity financing, which are quite different in nature. Because equity financing can distribute after-tax benefits to shareholders, debt financing is not as good as equity financing in controlling tax costs. For equity financing enterprises, it is necessary to control the purchase and construction period of assets as much as possible, increase the share of financing interest included in financial expenses as much as possible, and directly offset the current profits and losses to achieve the purpose of tax saving.
For the investment activities of enterprises, tax planning in investment decision-making is also very important, which mainly means that enterprises should fully consider the influence of tax when investing and choose the investment scheme with the least tax burden from the investment schemes; Joint venture, merger and reorganization of enterprises are the main investment activities of enterprises. Due to the different investment methods, investment locations and investment accounting methods, the tax burden level will be different. Therefore, enterprises must compare and choose various investment schemes, and can comprehensively consider investment tax planning from the aspects of investment industry, region, investment mode and scale.
(3) the profit and income distribution plan of the enterprise. To distribute the profits and income of enterprises, we should first fully consider the tax differences of various schemes and choose the scheme with the lightest tax burden. According to the relevant tax laws and regulations of our country, such as tax items without tax revenue, tax-free income, taxable income, etc., combined with the policy of making up for losses, the tax burden of enterprises can be reduced to the maximum extent. Secondly, enterprises can distribute their after-tax net profit independently, and the starting point of tax planning is to ensure that investors can increase the divided profits and reduce the tax payable accordingly, because any profit distribution policy can not affect the tax burden of enterprises themselves, but it will have a certain impact on the tax burden of investors; Therefore, from the perspective of profit distribution, enterprises should reduce the tax payable by the following methods: for example, in the case of determining the total income, maximize the amount of tax items allowed to be deducted by the tax law; You can also use preferential tax policies; For the planning of wages and salaries, we can do a good job in employees' income and welfare, flexibly arrange wages and salaries and labor remuneration, and distribute wages and bonuses equally.
(4) Tax planning of tax capital cost. The capital of an enterprise has a high time value. Through scientific tax planning, we can postpone the tax payment time and realize relative tax saving without reducing the overall tax payment. Delaying tax payment is equivalent to getting a free interest-free loan for the enterprise. If the enterprise can legally postpone the tax payment time, it will make the enterprise have a relatively ample working capital environment, which is even more important for those enterprises with tight funds. At the same time, delaying the payment of taxes increases the available funds of enterprises in the current period, which is conducive to expanding the scale of operations, increasing the ability to resist financial risks and reducing the cost of tax payment funds.
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