Strategy 1: tax planning through enterprise liquidation
Some enterprises, due to poor management or other reasons, must realize the optimal allocation of resources by ending liquidation. Before going through the cancellation of registration, an enterprise shall declare its liquidation income to the tax authorities and pay enterprise income tax according to law.
Liquidation income refers to the balance of all assets or property liquidated by an enterprise that exceeds the paid-in capital after deducting liquidation expenses, losses, liabilities, undistributed profits of the enterprise, public welfare fund and provident fund. In the capital accumulation fund, other items can be deducted from the liquidation income except the revaluation and appreciation of the legal property of the enterprise and the value of the donated property. For revaluation appreciation and acceptance of donations, they are included in the capital reserve when they occur, and they are taxed when they are merged into liquidation income, which is equivalent to delaying the payment of taxes on the appreciation part. Under the condition that other conditions remain unchanged, enterprises can create conditions for asset appraisal, and take the value of property after appreciation as the basis for depreciation. This can increase depreciation, deduct income tax and reduce tax burden than before.
In addition, enterprises can influence their taxable income during liquidation by changing the date of dissolution.
Strategy 2: Use "equity transfer" to carry out tax planning of "withdrawing capital first and then increasing capital".
Article 5 of the Announcement of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on Several Issues concerning Enterprise Income Tax (State Taxation Administration of The People's Republic of China Announcement No.2011No.34) stipulates that if an investment enterprise withdraws or reduces its investment from the invested enterprise, the part of its assets equivalent to the initial investment shall be recognized as investment recovery; The part equivalent to the accumulated undistributed profits and accumulated surplus reserves of the invested enterprise, which reduces the proportion of paid-in capital, is recognized as dividend income; The rest is recognized as investment asset transfer income. The operating loss of the invested enterprise shall be carried forward by the invested enterprise to make up for it; An investment enterprise shall not adjust or reduce the investment cost, nor shall it be recognized as an investment loss.
According to the relevant provisions of the Enterprise Income Tax Law and its implementing regulations, the income from dividends and other equity investments among qualified resident enterprises belongs to tax-free income.
Strategy 3: Using foreign donations for tax planning
Corporate donation is a kind of expenditure, but sometimes a well-chosen donation opportunity is equivalent to an advertisement, and the benefit of this advertisement is much better than that of ordinary advertisements, which is especially conducive to establishing a good social image of enterprises. Therefore, enterprises often use donations to obtain the double benefits of tax saving and advertising. However, the new tax law has corresponding provisions on pre-tax deduction of donations, and enterprises should pay attention to it when donating.
Article 9 of the Enterprise Income Tax Law stipulates: "The public welfare donation expenses incurred by an enterprise that do not exceed 12% of the total annual profit are allowed to be deducted." The public welfare donation here refers to the donation made by enterprises to the public welfare undertakings stipulated in the Law of People's Republic of China (PRC) Municipality on Public Welfare Donation through public welfare social organizations or people's governments at or above the county level and their departments. Donations directly made by the enterprise itself and non-public welfare donations shall not be deducted before tax.
Fourth, make use of industrial preferential policies for tax planning.
For example, use the following policies for tax planning:
(1) High-tech enterprises that need special support from the state shall be subject to enterprise income tax at a reduced rate of 15%.
(two) tax incentives for industries and projects related to environmental protection, comprehensive utilization of resources and safe production.
(three) the use of tax planning and placement of special personnel employment
(four) the use of technological innovation and scientific and technological progress tax incentives for tax planning.
(5) The use of local preferential tax policies.