Article 60 of the "Regulations on the Implementation of the Enterprise Income Tax Law of the People's Republic of China" stipulates: Unless otherwise provided by the financial and taxation authorities of the State Council, the minimum number of years for calculating depreciation of fixed assets is as follows:
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(1) Houses and buildings, 20 years;
(2) Planes, trains, ships, machines, machinery and other production equipment, 10 years;
(3) Appliances, tools, furniture, etc. related to production and business activities, 5 years;
(4) Transportation tools other than airplanes, trains, and ships, 4 years;
(5) Electronic equipment, for 3 years. Method for determining the depreciation life of fixed assets
Article 58 The tax base for fixed assets shall be determined according to the following method:
(1) For purchased fixed assets, the purchase price and payment Relevant taxes and fees and other expenses directly attributable to making the asset reach its intended use shall be the tax calculation base;
(2) For self-constructed fixed assets, the tax calculation base shall be the expenses incurred before completion and settlement ;
(3) For fixed assets leased under financing, the tax calculation base shall be based on the total payment stipulated in the lease contract and the relevant expenses incurred by the lessee in the process of signing the lease contract. If the lease contract does not stipulate the total payment , based on the fair value of the asset and the relevant expenses incurred by the lessee in signing the lease contract as the tax calculation basis;
(4) For fixed assets that are in surplus, the full replacement value of similar fixed assets As the tax calculation basis;
(5) For fixed assets acquired through donations, investments, non-monetary asset exchanges, debt restructuring, etc., the tax calculation is based on the fair value of the assets and the relevant taxes paid. Basis;
(6) For renovated fixed assets, in addition to the expenditures specified in Items (1) and (2) of Article 13 of the Enterprise Income Tax Law, the reconstruction expenditures incurred during the reconstruction process shall be increased Tax basis.
Article 59: Depreciation of fixed assets calculated according to the straight-line method is allowed to be deducted.
Enterprises shall calculate depreciation from the month following the month in which fixed assets are put into use; for fixed assets that are no longer in use, they shall stop calculating depreciation from the month following the month in which they are no longer in use.
Enterprises should reasonably determine the estimated net residual value of fixed assets based on their nature and use. Once the estimated net residual value of fixed assets is determined, it cannot be changed.
Article 60 Unless otherwise stipulated by the finance and tax authorities of the State Council, the minimum period for calculating depreciation of fixed assets is as follows:
(1) For houses and buildings, 20 years ;
(2) Airplanes, trains, ships, machines, machinery and other production equipment, for 10 years;
(3) Appliances, tools and furniture related to production and business activities etc., for 5 years;
(4) Transportation vehicles other than airplanes, trains, and ships, for 4 years;
(5) Electronic equipment, for 3 years.
Article 61: For enterprises engaged in the exploration of oil, natural gas and other mineral resources, the expenses incurred before the start of commercial production and the depletion and depreciation methods of related fixed assets shall be separately determined by the financial and taxation authorities of the State Council. Regulation.
Article 62 The tax basis for productive biological assets shall be determined according to the following method:
(1) For purchased productive biological assets, the tax base shall be determined based on the purchase price and relevant taxes paid. Fees are the basis for tax calculation;
(2) For productive biological assets obtained through donations, investments, non-monetary asset exchanges, debt restructuring, etc., the fair value of the assets and the relevant taxes paid as the basis for tax calculation.
The term "productive biological assets" as mentioned in the preceding paragraph refers to the biological assets held by enterprises for the production of agricultural products, provision of labor services or leasing, etc., including economic forests, firewood forests, livestock and draft animals, etc.
Article 63: The depreciation of productive biological assets calculated according to the straight-line method shall be deducted.
Enterprises shall calculate depreciation from the month following the month in which productive biological assets are put into use; depreciation shall be stopped from the month following the month in which productive biological assets cease to be used.
Enterprises should reasonably determine the estimated net residual value of productive biological assets based on the nature and use of productive biological assets. Once the estimated net residual value of productive biological assets is determined, it cannot be changed.
Article 64 The minimum number of years for calculating depreciation of productive biological assets is as follows:
(1) For forest productive biological assets, it is 10 years;
(2) Livestock productive biological assets, for 3 years.
Article 65: Intangible assets as mentioned in Article 12 of the Enterprise Income Tax Law refer to non-monetary assets that have no physical form and are held by enterprises for the purpose of producing products, providing services, leasing or operating management. Long-term assets include patent rights, trademark rights, copyrights, land use rights, non-patented technologies, goodwill, etc.
Article 66 The tax base for intangible assets shall be determined according to the following method:
(1) For outsourced intangible assets, the purchase price and relevant taxes paid and the direct attribution shall be calculated. Other expenditures incurred in making the asset reach its intended use shall be the tax base;
(2) For self-developed intangible assets, the expenses incurred during the development process after the asset meets the capitalization conditions and before it reaches its intended use Expenditure is the basis for tax calculation;
(3) Intangible assets obtained through donations, investments, non-monetary asset exchanges, debt restructuring, etc. shall be calculated based on the fair value of the asset and the relevant taxes paid. tax basis.
Article 67: The amortization expenses of intangible assets calculated according to the straight-line method are allowed to be deducted.
The amortization period of intangible assets shall not be less than 10 years.
As an investment or transferred intangible asset, if the useful life is stipulated in relevant laws or contracts, it can be amortized in installments according to the prescribed or agreed useful life.
Expenditures for outsourced goodwill are allowed to be deducted when the entire enterprise is transferred or liquidated.