The 2023 annual corporate income tax final settlement is underway, and we have compiled 10 hot questions and answers, I hope it will be helpful to you! If you have any other questions, please leave a message in the comment area to discuss
1.What are the current preferential corporate income tax incentives for small and low-profit enterprises?
A:According to the "Announcement on Further Supporting the Development of Small and Micro Enterprises and Individual Industrial and Commercial Households" (Announcement No. 12 of 2023 of the Ministry of Finance and the State Administration of Taxation), small and low-profit enterprisesReduce the mortgage by 25%.Calculate the taxable income, according to:The corporate income tax policy will be extended until December 31, 2027.
2.Is there any adjustment to the proportion of additional deduction of R&D expenses before corporate income tax in 2023?
A:(1) According to Article 1 of the Announcement on Further Improving the Policy of Pre-tax Deduction of R&D Expenses (Announcement No. 7 of 2023 of the Ministry of Finance and the State Administration of Taxation), if the R&D expenses actually incurred by an enterprise in R&D activities are not included in the current profit or loss as intangible assets, they shall be deducted according to the provisions and then according to the actual amount from January 1, 2023Additional deductions before tax; If an intangible asset is formed, it shall be based on the cost of the intangible asset from January 1, 2023Amortized before taxes.
2) According to Article 1 of the Announcement on Increasing the Proportion of Additional Deduction of R&D Expenses of Integrated Circuit and Industrial Machine Tool Enterprises (Announcement No. 44 [2023] of the Ministry of Finance, the State Administration of Taxation and the Ministry of Industry and Information Technology of the National Development and Reform Commission), if the R&D expenses actually incurred by integrated circuit enterprises and industrial machine tool enterprises in R&D activities are not included in the current profit or loss as intangible assets, they shall be deducted according to the provisions and during the period from January 1, 2023 to December 31, 2027. then deduct 120% of the actual amount before tax; If an intangible asset is formed, it shall be amortized before tax at the rate of 220% of the cost of the intangible asset during the above-mentioned period.
3.If an enterprise meets the conditions of the two preferential policies of R&D expense deduction and small and low-profit enterprises at the same time, can the two preferential policies be enjoyed at the same time?
A:According to Article 2 of the Notice on Several Issues Concerning the Implementation of Preferential Policies for Enterprise Income Tax (CS 2009 No. 69), the tax incentives mentioned in Article 3 of the Notice on the Implementation of Transitional Preferential Policies for Enterprise Income Tax (Guo Fa 2007 No. 39) are limited to the preferential policies for the transition of enterprise income tax and the tax incentives for regular tax reduction and reduction and reduction stipulated in the Enterprise Income Tax Law and its implementing regulations. The preferential tax treatment stipulated in the Enterprise Income Tax Law and its implementing regulations can be enjoyed at the same time if the enterprise meets the prescribed conditions.
Therefore, if the enterprise meets the conditions of the additional deduction of R&D expenses and the preferential treatment for small and low-profit enterprises, at the same timeIt can be enjoyed at the same time according to the regulations
4.Is it possible to apply for tax credit without applying for tax refund if there is a refundable amount of enterprise income tax?
A:Starting from the 2021 annual final settlement, if the taxpayer prepays the enterprise income tax in the tax year and exceeds the tax payable in the final settlement, the taxpayer shall apply for tax refund in a timely manner, and the in-charge tax authorities shall handle the tax refund in a timely manner in accordance with the relevant regulationsIt will no longer be offset against the enterprise income tax payable in the next year
5.If an enterprise enjoys the VAT plus deduction policy, does the additional VAT need to pay enterprise income tax?
A:Enjoy the VAT plus credit policy plus the VAT deduction policyIt needs to be incorporated into the total corporate income tax revenueand pay enterprise income tax according to the regulations.
6.Can the medical expenses reimbursed for employees be included in the pre-tax deduction of employee welfare expenses?
A:According to Article 3 (2) of the Notice on Issues Concerning the Deduction of Wages and Salaries and Employee Welfare Expenses of Enterprises (Guo Shui Han 2009 No. 3), the medical expenses of employees of enterprises that have not implemented medical co-ordination can be deducted as employee welfare expenses before enterprise income tax in accordance with the regulations. Enterprises that have implemented medical pooling (including basic medical insurance premiums).The medical expenses reimbursed for employees do not belong to the employee welfare expenses stipulated in Article 3 of Guo Shui Han 2009 No. 3It shall not be deducted from the pre-tax period as an employee welfare expense
7.Can the residential heating expenses paid by the enterprise for its employees be deducted as employee welfare expenses before tax?
A:According to the provisions of Article 3 (2) of the Notice on the Deduction of Wages and Salaries and Employee Welfare Expenses of Enterprises (Guo Shui Han 2009 No. 3), various subsidies and non-monetary benefits issued to employees for health care, living, housing, transportation, etc., including medical expenses paid by enterprises to employees for medical treatment in other places for official purposes, medical expenses for employees of enterprises that have not implemented medical co-ordination, medical subsidies for employees to support their immediate family members, subsidies for heating expenses, heatstroke prevention and cooling expenses for employees, subsidies for employees' difficulties, relief expenses, subsidies for staff canteens, Employee transportation subsidies are within the scope of deduction of employee welfare expenses.
Therefore, the heating fee paid by the enterprise for the employees of the enterpriseIt can be deducted as an employee welfare expense before enterprise income tax in accordance with regulations
8.How to deduct the appliances and equipment newly purchased by enterprises in 2023 when calculating the taxable income?
A:According to the relevant provisions of the Notice on Enterprise Income Tax Policies Related to the Deduction of Equipment and Appliances (CS 2018 No. 54), the Announcement on Extending the Implementation Period of Some Preferential Tax Policies (Announcement No. 6 of 2021 of the Ministry of Finance and the State Administration of Taxation) and the Announcement on the Enterprise Income Tax Policies Related to the Deduction of Equipment and Appliances (Announcement No. 37 of 2023 of the Ministry of Finance and the State Administration of Taxation), enterprises will be able to apply the benefits to enterprises from January 1, 2018 to December 31, 2027If the unit value of newly purchased equipment and appliances does not exceed 5 million yuan, it is allowed to be included in the current cost and expense at one time and deducted in the calculation of taxable income, and depreciation will no longer be calculated on an annual basis；If the unit value exceeds 5 million yuan, it shall still be implemented in accordance with the relevant provisions of the Implementation Regulations of the Enterprise Income Tax Law, the Notice on Improving the Enterprise Income Tax Policy for Accelerated Depreciation of Fixed Assets (CS 2014 No. 75), and the Notice on Further Improving the Enterprise Income Tax Policy for Accelerated Depreciation of Fixed Assets (CS 2015 No. 106).
The above-mentioned equipment and appliances refer to fixed assets other than buildings and buildings.
9.If an enterprise advertises its products or services through a third-party platform in order to promote its products or services, and the invoicing content charged by the third-party platform company is the expenditure of the information promotion service fee, is it deducted as the full amount of the information service fee, or is it deducted as the limit of advertising expenses and business promotion expenses?
A:Under normal circumstances, the expenses incurred by an enterprise to promote its products, services or image belong to advertising expenses and business promotion expenses. If an enterprise advertises its products or services through a third-party platform, although the content stated in the invoice is an information service fee, it is actually the expenditure incurred by the enterprise to promote its products or servicesIt should be deducted before tax within the prescribed proportion as advertising expenses and business promotion expenses
10.What are the R&D expenses included in the R&D expense deduction policy?
A:Specifically, it includes personnel and labor costs, direct input costs, depreciation expenses, amortization of intangible assets, new product design costs, new process specification formulation costs, clinical trial expenses for new drug development, field test fees for exploration and development technology and other related expenses, among which other related expenses shall be deducted by limit. The Notice on Improving the Policy of Pre-tax Deduction of R&D Expenses (Cai Shui 2015 No. 119) adopts the form of positive enumeration to clarify the specific expenses that can be deducted from the above-mentioned expenses. For example, personnel labor costs include wages and salaries, basic pension insurance premiums, basic medical insurance premiums, unemployment insurance premiums, work-related injury insurance premiums, maternity insurance premiums and housing provident fund premiums for personnel directly engaged in R&D activities, as well as labor costs for external R&D personnel (Announcement No. 40 [2017] of the State Administration of Taxation) includes other related expenses and adopts the method of deduction by limit.
*: China Tax News: Zhuhai Taxation Bureau Office of the State Administration of Taxation