(1) Document basis
1. "Announcement of the Ministry of Finance and the State Administration of Taxation on Further Improving the Pre-tax Super Deduction Policy for R&D Expenses" (Announcement of the Ministry of Finance and the State Administration of Taxation, No. 13 of 2021 No.)
2. "Announcement of the State Administration of Taxation on Issues Concerning the Further Implementation of the Super Deduction Policy for R&D Expenses" (State Administration of Taxation Announcement No. 28, 2021)
(2) Main contents of the policy
1. The R&D expenses actually incurred by manufacturing enterprises in carrying out R&D activities, which do not form intangible assets and are included in the current profits and losses, will be deducted in accordance with regulations and will be deducted from January 2021 on the basis of actual deductions. From January 1, 2021, 100% of the actual amount will be deducted before tax; if intangible assets are formed, from January 1, 2021, 200% of the cost of the intangible assets will be amortized before tax.
2. When companies prepay and declare corporate income tax for the third quarter (prepayment on a quarterly basis) or September (prepayment on a monthly basis) in October 2021, they can choose to enjoy an increase in R&D expenses for the first three quarters. According to the preferential tax deduction policy, the method of "self-judgement, declaration and enjoyment, and retention of relevant information for future reference" is adopted.
3. Add a simplified version of the R&D expenditure auxiliary account and R&D expenditure auxiliary account summary table format (referred to as the 2021 R&D expenditure auxiliary account format).
4. If an enterprise carries out multiple R&D activities at the same time within a tax year, the limit of "other related expenses" shall be calculated separately for each R&D project instead of calculating the "other related expenses" for all R&D projects in a unified manner. limit.
When the actual amount of "other related expenses" is less than the limit, the pre-tax additional deduction is calculated based on the actual amount; when the actual amount of "other related expenses" is greater than the limit, the pre-tax deduction is calculated based on the limit. Addition of deductions.
(3) Analysis of policy key points
1. Manufacturing enterprises
Manufacturing enterprises refer to manufacturing enterprises as their main business and enjoy preferential treatment for the current year. Enterprises whose operating income accounts for more than 50% of total income. The scope of the manufacturing industry is determined in accordance with the "National Economic Industry Classification" (GB/T
4754-2017). If the relevant national departments update the "National Economic Industry Classification", its regulations will follow. The total income shall be determined in accordance with Article 6 of the Enterprise Income Tax Law.
2. Prepayment declaration
Eligible enterprises can calculate the super deduction amount by themselves and fill in the "Monthly (Quarterly) Prepayment of Enterprise Income Tax of the People's Republic of China" Declaration Form (Type A)" to enjoy tax preferential treatment, and fill in the "Details of Super Deduction Preference for R&D Expenses" (A107012) based on the R&D expenses that enjoy super deduction preferential treatment (in the first half of the year). The "Details of Preferential Deductions for R&D Expenses" (A107012) shall be retained for future reference together with other information stipulated in relevant policies.
Those who do not choose to enjoy the preferential treatment during the prepayment declaration period in October 2021 can enjoy it uniformly when handling the final settlement of corporate income tax for 2021 in 2022.
3. R&D expenditure auxiliary accounts
When enterprises set up auxiliary accounts according to R&D projects, they can choose to use the 2015 version of the R&D expenditure auxiliary account style or the 2021 version of the R&D expenditure auxiliary account style. You can also design your own R&D expenditure auxiliary account style by referring to the above styles.
The R&D expenditure auxiliary account style designed by the enterprise should include the data items listed in the 2021 version of the R&D expenditure auxiliary account style, and the logical relationship should be consistent, and the R&D expenses that allow super deduction can be accurately collected.
4. Calculation of other related expense limits
The other related expense limit for all R&D projects = the sum of five expenses including personnel and labor for all R&D projects × 10%/(1-10 %)
The "five expenses such as personnel and labor" refer to Items 1 to 5 of Article 1, Item (1) of Document No. 119 of Finance and Taxation [2015] "Research and Development Expenses Allowed for Super Deduction" Expenses include "labor costs", "direct investment costs", "depreciation costs", "intangible asset amortization" and "new product design fees, new process protocol formulation fees, clinical trial fees for new drug development, and field test fees for exploration and development technology." ".