When filing tax returns, there is a column for VAT input tax obtained by purchasing fixed assets, which can be filled in.
Relevant regulations:
? First, the fixed assets input tax deduction is limited to ordinary taxpayers.
The new "Regulations" stipulates: "Units and individuals that sell goods or provide processing, repair and replacement services and import goods in People's Republic of China (PRC) are taxpayers of value-added tax and shall pay value-added tax in accordance with these regulations." Therefore, non-VAT taxpayers, that is, enterprises engaged in labor services stipulated in the provisional regulations on business tax, such as fixed assets such as equipment purchased by transportation, construction, finance and insurance, post and telecommunications, culture and sports, and entertainment service enterprises, shall not be allowed to deduct their input tax.
? Secondly, China divides VAT taxpayers into general taxpayers and small-scale taxpayers. Small-scale taxpayers calculate the current value-added tax at the rate of 3%, and only ordinary taxpayers calculate the current value-added tax according to the formula of "tax payable = current output tax-current input tax". It can be seen that "input tax" is a unique concept of general taxpayers, so the input tax on fixed assets purchased by general taxpayers can only be deducted under the premise of meeting the new "Regulations" and relevant state regulations. The input tax of small-scale taxpayers purchasing fixed assets shall not be deducted under any circumstances.
Third, we should correctly understand the relationship between VAT payable on imported goods and VAT input tax deduction.
The new "Regulations" stipulate that units and individuals importing goods are taxpayers of value-added tax. How to understand it?
Units and individuals here, including those engaged in selling goods, providing processing, repair and repair, and engaging in labor services as stipulated in the Provisional Regulations on Business Tax, should pay VAT at the rate of 17% or 13% as long as they import goods through People's Republic of China (PRC) and China customs, regardless of whether the paid VAT is deducted or not. The VAT input tax deduction is aimed at general taxpayers, that is, the VAT paid by general taxpayers to the customs for imported equipment and other goods can be deducted from the output tax payable in the current period on the premise of complying with the VAT regulations and relevant regulations.
? Two, the new "Regulations" can be deducted from the input tax of fixed assets, only refers to the production and operation of machinery, machinery, transport and other equipment, tools and appliances.
The fixed assets mentioned in Article 19 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-added Tax issued by Caishui (1993) No.38 document refer to: (1) Machines, machinery, means of transport and others related to production and operation with a service life of more than one year. (two) the unit value of more than 2000 yuan, and the service life of more than two years does not belong to the production and operation of the main equipment ".
? The new regulations allow the input tax on the purchase of fixed assets to be deducted from the output tax, but do not change the definition of fixed assets.
Secondly, according to the new provisional regulations on business tax, "units and individuals that provide labor services, transfer intangible assets or sell real estate in People's Republic of China (PRC) are taxpayers of business tax and should pay business tax in accordance with these regulations". What is intangible assets? What is real estate? Guo Shui Fa [1993]No. 149 "Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Printing and Distributing Notes on Business Tax Items (Trial Draft)" explains that intangible assets refer to assets that have no physical form but can bring economic benefits, including the transfer of land use rights, trademark rights, patents, non-patented technologies, copyrights and goodwill. Real estate refers to the property that cannot be moved but will change its nature and shape after moving, including buildings or structures and other land attachments. It can be seen that accounting and tax law have different definitions of fixed assets, accounting includes machinery and equipment and buildings, but the fixed assets referred to in the new VAT regulations only include machinery and equipment, and the sale of houses and buildings belongs to business tax.
Three, the general taxpayer to buy the following fixed assets, the input tax shall not be deducted.
1 for non-VAT taxable items. Non-VAT taxable items are business tax taxable items. The general taxpayer will use the purchased fixed assets for business tax items, and the input tax on fixed assets shall not be deducted. For example, a company is a general taxpayer mainly engaged in clothing production and concurrently engaged in clothing design. On June 5438+1October 10, 2009, a machine was purchased due to design needs, and the input tax on the machine could not be deducted.
Since real estate such as houses and buildings fall within the scope of business tax, the input tax on materials and related equipment purchased for houses and buildings shall not be deducted. Article 20 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-added Tax issued by Caishui (1993) No.38 stipulates that taxpayers' new construction, reconstruction, expansion, repair and decoration of buildings belong to fixed assets under construction, regardless of the accounting system. Guo Shui Fa [2005] 173 "Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Further Clarifying the Property Tax on Ancillary Equipment and Supporting Facilities" "In order to maintain and increase the use function of the house or make the house meet the design requirements, ancillary equipment and supporting facilities such as water supply and drainage, heating, fire fighting, central air conditioning, electrical and intelligent building equipment that cannot be moved at will shall be accounted for separately in accounting. The document Caishui (1993) No.38 and the document Guoshuifa [2005] 173 clarify the valuation of real estate, and also provide guidance for us to understand non-VAT taxable items.
What needs to be emphasized is that: First, when general taxpayers concurrently engage in business tax-related services, they should be accounted for separately. If there is no separate accounting, according to Article 6 of the Detailed Rules for the Implementation of the Provisional Regulations on Value-added Tax issued by Caikouzi (1993) No.38, the service shall be subject to value-added tax. In the past, if value-added tax was levied because it could not be accounted separately, the input tax on purchased goods could be deducted. According to this regulation, my understanding is that the business tax service of value-added tax can be deducted, and the input tax of fixed assets can also be deducted. However, we should pay attention to the explanation issued by the state in the future. Second, the input tax on materials purchased for the maintenance of fixed assets should be treated according to the principle of whether the input tax on fixed assets can be deducted. For example, a company is a general taxpayer mainly engaged in clothing production and concurrently engaged in clothing design. On June 5438+1October 10, 2009, one machine A was purchased due to design needs, and on June 5438+1October 20, 2009, one machine B was purchased for clothing production. In March 2009, the company conducted a separate accounting for the clothing design business. A company handles this? Because machine B is used for VAT taxable items, the input of machine B and the materials for repairing machine B can be deducted from the output tax. On the contrary, since Machine A is used for non-VAT items, neither the input of Machine A nor the materials for repairing Machine A can be deducted from the output tax. Third, the general taxpayer purchases VAT equipment, and there is no clear regulation on whether the civil engineering can deduct the input tax of cement and other building materials when the equipment is installed. Therefore, communication with tax authorities should be strengthened in operation.
2. Fixed assets purchased for tax-free items. Article 15 of the new regulations stipulates that "the following items are exempt from value-added tax: self-produced agricultural products sold by agricultural producers; Contraceptive drugs and appliances; Ancient books; Imported instruments and equipment directly used for scientific research, scientific experiments and teaching; Imported materials and equipment provided free of charge by foreign governments and international organizations; Disabled persons' organizations directly import special articles for the disabled; Sell your used items. " Accurate understanding of the provisions of this article is helpful to reduce tax-related risks:
First, agricultural producers are exempt from value-added tax when selling their own agricultural products, and there is no output tax if they are exempt from value-added tax. Therefore, the input tax on fixed assets purchased by agricultural producers for producing their own agricultural products cannot be deducted.
Second, taxpayers deal in contraceptives, tableware and used books. Because the products they operate are tax-free, the input tax on fixed assets purchased for this product cannot be deducted.
Third, "selling articles for personal use" means that individuals sell goods subject to consumption tax except yachts, motorcycles and automobiles, and that enterprises sell articles for personal use (including fixed assets) without tax exemption.
Fourth, the tax-exempt items run by ordinary taxpayers should be accounted for separately, and those that are not accounted for separately shall not be exempted. What do you mean? For example, Company A is a general taxpayer, mainly engaged in book printing business and concurrently engaged in purchasing antique books. In 2009, I bought a truck (with a legal special VAT invoice) to expand the book acquisition. The correct tax treatment should be as follows: If Company A accounts for printed books and antique books respectively, antique books are tax-free, so the input tax of trucks cannot be deducted; If it cannot be accounted for separately, the output tax shall be calculated at the tax rate of 17%, and the input tax of this truck can be deducted according to Article 18 of the Detailed Rules for the Implementation of the Provisional Regulations on Value-added Tax issued by Caifuzi (1993) No.38..
3. Fixed assets purchased for collective welfare or personal consumption. To understand this article, we should pay attention to: this kind of behavior should be the behavior of ordinary taxpayers, who use the purchased fixed assets for collective welfare. For example, Company A, as a general taxpayer, bought a TV set for each resident employee on June 5438+ 10/0, 2009 (with a legal special VAT invoice), so the input tax of the TV set cannot be deducted. In practical work, it is difficult to master how to calculate collective welfare. The key is that everyone should understand the connotation of collective welfare.
4. Abnormal losses occurred in purchased fixed assets. Abnormal loss refers to the loss of ordinary taxpayers in the process of production and operation, including the loss of natural disasters; Losses caused by theft, mildew and deterioration of goods due to poor management; Other abnormal losses. Deducting input tax is actually equivalent to paying less value-added tax. Abnormal losses have nothing to do with the production and operation of enterprises, and the state should not pay the bill. Therefore, it means that the fixed assets purchased by ordinary taxpayers have abnormal losses. If there is no deduction, the input tax should be included in the "non-operating expenses". If the input tax has been deducted, it should be transferred out. It should be pointed out that the value of fixed assets is amortized by stages, so whether the input tax is transferred out according to the original purchase amount or the net value is not clear in the new VAT regulations, but according to the accrual principle, I estimate that it is transferred out according to the net value and the applicable tax rate. I suggest you consult the tax authorities for specific operations. ? Recommended: A must-read book for financial personnel, Strategic Budget-Industrial Revolution in Management. "Strategic Budget-Industrial Revolution in Management" is the first book with linear, full-process cases and systematic management in China! It is also the first good book in China that dares to promise financial personnel the actual combat effect of the whole system. Financial personnel must read!
In addition, the depreciation of fixed assets such as equipment is an important part of product cost. In case of abnormal loss of products and finished products, the current tax law stipulates that the input tax of materials consumed by the product should be transferred out, and the depreciation of machinery consumed by the product should also be transferred out, but whether it should be transferred out or not, please pay attention to whether the state has issued relevant regulations.
5. Fixed assets belonging to taxpayers' self-use consumer goods as stipulated by the competent departments of finance and taxation in the State Council. When answering a reporter's question, the Ministry of Finance clearly refers to cars, yachts and so on. But what is the specific scope of cars and yachts? I think the new Provisional Regulations on Consumption Tax in People's Republic of China (PRC) and related documents should be consistent with the concepts referred to in the new Regulations on Value-added Tax.
The new provisional regulations on consumption tax divide cars into passenger cars and medium-sized commercial vehicles. The Notice of the Ministry of Finance on Adjusting and Perfecting the Consumption Tax Policy (State Taxation Administration of The People's Republic of China Caishui [2006] No.33) points out: "The scope of this tax item includes no more than 9 seats (including driver's seat). From the design and technical characteristics, the number of passenger cars and the number of seats including driver's seat are 10 to 23.
Vehicles whose exhaust volume is less than 1.5 liter (inclusive) and whose chassis (frame) is modified or reformed belong to the scope of passenger vehicle collection. Vehicles in which the chassis (frame) of passenger cars or chassis (frame) of medium and light commercial vehicles with an exhaust volume greater than 1.5 liters are modified or restructured belong to the scope of collection of medium and light commercial vehicles. "
As can be seen from the document Caishui (2006) No.33, general taxpayers cannot deduct the input tax for cars with less than 23 seats, including 9 passenger cars and 10-23 medium-sized commercial vehicles.
It should be pointed out that it is not clear whether the input tax on oil products and maintenance materials consumed by automobiles can be deducted. Please pay attention to the documents issued by the state in the future. ?
4. VAT taxpayers use their own products for their own equipment? The acquisition methods of equipment are mainly outsourcing and self-made. Different uses of homemade equipment will lead to different tax results:
First, self-made equipment is used for non-VAT projects. When the equipment is used for products produced by enterprises, it is regarded as selling goods according to the provisions of Article 4 of the Detailed Rules for the Implementation of the Provisional Regulations on Value-added Tax issued by Caizuzi (1993) No.38, and the general taxpayer should include the output tax payable for self-produced products in the cost of self-made equipment.
Second, self-made equipment is used for value-added tax projects. When the production equipment receives the products produced by the enterprise, it is not regarded as the sales behavior of the self-produced products. For example, Company A is a general taxpayer, and on June 4, 2009, it used the production machinery and equipment of its own hardware material manufacturing enterprise with a value of 234,000 yuan. If this batch of materials is regarded as sales, the output tax is 23.4 ÷ (1+65438.
Third, self-produced products are used for the development of real estate and intangible assets. According to Article 4 of the Detailed Rules for the Implementation of the Provisional Regulations on Value-added Tax issued by Caifuzi (1993) No.38, "using self-produced or commissioned goods for non-taxable items" is regarded as selling goods. If there is such behavior, the general taxpayer should include the output tax payable for self-produced products in the cost of assets.
Verb (abbreviation of verb) deduction of transportation expenses
The transportation cost of purchasing fixed assets is related to assets, so whether the freight can be deducted depends on whether the input tax of the transported goods can be deducted. If the input tax of the transported goods cannot be deducted, the freight incurred cannot be deducted, and vice versa. According to the new provisional regulations on value-added tax, the deductible input tax for paid freight is calculated according to the amount of transportation expenses indicated in the transportation expense statement and the deduction rate of 7%.
Six, the general taxpayer to buy goods or taxable services, the premise of deducting the input tax must be "in accordance with laws, regulations or the relevant provisions of the the State Council tax authorities to obtain the VAT deduction certificate". Those that do not meet the relevant provisions shall not be deducted under any circumstances.