I. Provisions of the Tax Law
According to the Notice of the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on Incorporating the Exempted or Returned Turnover Tax into Enterprise Profits (Caishuizi [94] No.074), the exempted or returned Turnover Tax for enterprises (including tax refund upon demand and tax refund upon levy) should be incorporated into enterprise profits, except for items with specific purposes as stipulated by the State Council, Ministry of Finance and State Taxation Administration of The People's Republic of China, People's Republic of China (PRC), and enterprise income tax should be levied according to regulations. For direct relief and immediate refund, enterprise income tax shall be levied according to the profits of the enterprise in the current year; If the tax is refunded first and then refunded, the enterprise income tax will be levied according to the profits of the enterprise in the year when the enterprise actually receives the tax refund or refund. "
According to the document No.81of Caishuizi [1995], the state financial subsidies and other subsidy income obtained by enterprises shall be included in the taxable income actually received by subsidy income in that year, except that they are not included in the profit and loss as stipulated by the State Council, Ministry of Finance and State Taxation Administration of The People's Republic of China of People's Republic of China (PRC). Therefore, subsidy income, which has obtained financial subsidies to enterprises and other subsidy income vouchers that can be provided by People's Republic of China (PRC) the State Council, the Ministry of Finance or State Taxation Administration of The People's Republic of China, belongs to the designated purposes of the state, and is not included in the taxable income after being examined and approved by the competent tax authorities, and is listed as tax reduction in the National subsidy income Enterprise Income Tax Adjustment Project Table.
The items exempted from enterprise income tax are as follows:
(1) According to the provisions of Caishui [1 996] No.68, starting from1996 65438+1October1,with the approval of the State Council, it was decided that the fiscal subsidy income obtained by state-owned grain enterprises in keeping government grain and oil reserves would be exempted from business tax. Government grain and oil reserves refer to: national grain and oil reserves (including "Class A" grain and oil reserves and "506" grain and oil reserves), national special grain and oil reserves, national temporary grain and oil reserves, all kinds of grain and oil reserves set up by local people's governments at various levels and grain used to regulate the throughput of grain markets. Financial subsidy income refers to the discount interest and expense subsidy income obtained by state-owned grain enterprises from the financial departments at all levels or the competent grain departments for keeping the above-mentioned government grain and oil reserves.
(2) According to Guo Fa [1997] No.21,the value-added tax refund obtained by an enterprise for exporting goods shall be offset by the corresponding "input tax amount" or the value-added tax paid, and shall not be incorporated into profits to collect enterprise income tax; If a production enterprise entrusts a foreign trade enterprise to export its products as an agent and treats the "accounts receivable" when calculating the consumption tax in accordance with the Provisions on Accounting Treatment of Consumption Tax of the Ministry of Finance (Caishuizi [1993] No.83), the obtained consumption tax rebate shall be offset against the "accounts receivable" and shall not be incorporated into the enterprise income tax collection profits; The consumption tax rebate obtained by foreign trade enterprises for self-export should offset the "cost of goods sold" and may not be directly incorporated into profits to collect enterprise income tax.
(3) According to the document Caishui [2003] 1 15, before the end of 2005, the financial subsidy income obtained by China Cotton Storage Corporation and its directly affiliated cotton depots shall be exempted from enterprise income tax.
(4) According to Caishui [2000] No.25 document, from June 24, 2000 to the end of 20 10, the software products developed and produced by general VAT taxpayers will be taxed at the statutory tax rate of 17%, and the actual tax burden of VAT will be refunded immediately. The tax refund is used for enterprises to research and develop software products and expand reproduction, and is not regarded as taxable income of enterprise income tax, and enterprise income tax is not levied; From June 24, 2000 to the end of 20 10, the general VAT taxpayer sells self-produced integrated circuit products (including monocrystalline silicon wafers), and the VAT is levied at the statutory tax rate of 17%, and the actual VAT tax burden exceeding 6% will be refunded immediately. The tax refund is used by the enterprise to research and develop integrated circuit products and expand reproduction, and is not regarded as taxable income of enterprise income tax, and enterprise income tax is not levied.
(5) According to the provisions of Caishui [2004] No.39 document, enterprise income tax is not levied on the expenses that are approved by the school and included in the financial budget management or the management of extra-budgetary funds; Enterprise income tax is not levied on the financial allocation obtained by the school and the special subsidy income for career development obtained from the competent department and the superior unit.
(6) The social insurance subsidies and post subsidy income obtained by taxpayers in accordance with the scope, items and standards stipulated in the Notice of the Ministry of Finance and the Ministry of Labor and Social Security on Promoting the Management of Re-employment Funds for Laid-off Workers (Caishe [2002]107) shall be exempted from enterprise income tax. Small secured loan discount, re-employment training subsidy, employment introduction subsidy, etc. beyond the scope, items and standards stipulated in document Caishe [2002] 107, should be included in the taxable income and paid enterprise income tax according to regulations.
(7) According to the document Caishui [2005] 166, the special financial subsidies obtained by enterprises or individuals due to poultry culling shall be exempted from enterprise income tax or personal income tax; The net loss caused by enterprise poultry culling is allowed to be fully charged before income tax.
(8) According to the provisions of Caishui [2005] No.33 document, since June 65438+1 October1day, 2004, the VAT refund income obtained by foundry, forging, mold and CNC machine tool enterprises in accordance with the relevant provisions of the state has been included in "subsidy income". When calculating and paying enterprise income tax, it is temporarily excluded from the taxable income of the enterprise in the current year and exempted from enterprise income tax. The VAT refund funds obtained by foundry, forging, mold and CNC machine tool enterprises should be included in the special account management and used exclusively for enterprise technology research and development. If the use is changed, the enterprise income tax shall be paid back.
(9) According to the documentNo. Guoshuihan [2005] No.541,the financial subsidy income obtained by the taxpayer who collects enterprise income tax according to the quota shall be incorporated into the total income, and the enterprise income tax shall be calculated and collected according to the taxable income rate of the main project.
Second, accounting.
"subsidy income" belongs to the profit and loss category, which is used to calculate the subsidy income actually received by the enterprise according to the regulations (including the refunded value-added tax) or the fixed subsidy calculated according to the sales or workload and the subsidy amount stipulated by the state and given on schedule, as well as other forms of subsidies given by the regions supported by the state finance. This course should be detailed accounting according to the subsidiary ledger set by the subsidy collection project. At the end of the period, the balance of the undergraduate program should be transferred to the "profit of this year" subject, and there should be no balance in this subject after the carry-over.
Belonging to other forms of subsidies given by the state in the field of financial support, the enterprise shall, upon receipt, confirm the subsidy income, debit the account of "bank deposit" and credit the account of "subsidy income".
Subsidy income only accounts for the value-added tax reduced or refunded. The business tax and consumption tax actually received by the enterprise, such as refund on demand, refund on first collection, refund after first collection, etc., shall be debited to the account of "bank deposit" and credited to the account of "product sales tax and surcharge", "commodity sales tax and surcharge" and "business tax and surcharge".
The value-added tax actually received by the enterprise, that is, refund upon collection, refund upon collection and refund upon collection, shall be debited to the account of "bank deposit" and credited to the account of "subsidy income".
Business tax and consumption tax directly reduced or exempted shall not be recorded.
The value-added tax directly reduced or exempted shall be debited to the subject of "tax payable-value-added tax payable (reduced or exempted)" and credited to the subject of "subsidy income".
The additional return of education fees is not accounted for in this account, but in the account of "non-operating income".
In accordance with the provisions, enterprises reinvest the profits after paying income tax in the income tax that should be refunded. Enterprises that implement income tax first and then return income tax should offset the income tax expenses of the current period when they actually receive the returned income tax, and shall not be treated as subsidy income.
Third, the problems that should be paid attention to when dealing with "subsidy income"
1. Of course, subsidy income, which is determined to be tax-free, does not need to pay taxes, but enterprises must increase expenditures and expenses related to tax-free income when filing enterprise income tax. In addition, according to the Provisional Regulations of People's Republic of China (PRC) on Enterprise Income Tax and its detailed rules for implementation, expenditure items related to taxable income and tax-free income should be accounted for separately. If there is no separate accounting or it is really difficult to divide the expenditure, with the approval of the competent tax authorities, the taxpayer may determine the amount of costs and expenses to be shared by the total tax revenue by adopting the allocation method. The specific calculation formula is as follows:
Amount of expenditure items related to taxable income = total expenditure × (total taxable income ÷ total income)
2. In accounting, the fixed subsidy calculated and given on schedule by the enterprise according to the subsidy amount stipulated by the state is confirmed by accrual basis; The tax law stipulates that subsidy income's confirmation is cash basis. When subsidy income actually receives the annual confirmation, the enterprise shall increase the taxable income of the year actually received according to the provisions of the tax law.