1. General provisions on pre-tax deductions for enterprise handling fees and commission expenses
1. Deduction standards
The handling fees and commissions incurred by enterprises related to production and operation Commission expenses shall be deducted if they do not exceed the calculation limits specified below; the excess shall not be deducted:
●Insurance enterprises: Property insurance enterprises shall calculate 15% of the balance of the total premium income of the year after deducting surrender charges, etc. % (including the principal amount, the same below) to calculate the limit; for personal insurance companies, the limit is calculated based on 10% of the balance of the total premium income of the year after deducting surrender charges, etc.
The handling fees paid by Property & Casualty Insurance Co., Ltd. for selling non-life investment insurance products entrusted by banks can be deducted within 8% of the total amount collected.
●Other enterprises: 5% of the amount of revenue recognized based on service agreements or contracts signed with intermediary service institutions or individuals with legal business qualifications (excluding both parties to the transaction and their employees, agents and representatives, etc.) % calculation limit. Individuals do not include the parties to the transaction and their employees, agents and representatives.
2. Deduction requirements
●Enterprises should sign agency agreements or contracts with intermediary service companies or individuals with legal business qualifications, and pay handling fees and commissions in accordance with relevant national regulations.
●Enterprises should truthfully provide the current year's fee and commission calculation and distribution table and other relevant information to the local competent tax authorities, and obtain legal and authentic certificates in accordance with the law.
3. Situations that are not allowed to be deducted
●Except for entrusting personal agents, handling fees and commissions paid by enterprises in cash and other non-transfer methods shall not be deducted before tax.
●The handling fees and commissions paid by enterprises to relevant securities underwriting institutions for the issuance of equity securities shall not be deducted before tax.
4. Accounting requirements
●Enterprises are not allowed to include handling fees and commission expenses into rebates, business commissions, rebates, entry fees and other expenses.
●The handling fees and commission expenses that have been included in the enterprise's fixed assets, intangible assets and other related assets shall be deducted in installments through depreciation, amortization, etc., and shall not be deducted directly in the current period.
●The handling fees and commissions paid by the enterprise shall not directly offset the service agreement or contract amount, and shall be truthfully recorded in the account.
2. The agency fees paid by the Postal Savings Bank to postal enterprises and their provincial subsidiaries in accordance with regulations do not fall within the scope of handling fees and commissions and can be deducted according to the actual situation
Postal enterprises and their provincial subsidiaries The subsidiary, in accordance with the requirements of the State Council and relevant departments, accepts the entrustment of the Postal Savings Bank of China and continues to handle basic financial businesses such as taking savings deposits. After postal enterprises and their provincial subsidiaries absorb savings deposits, the funds are handed over to the Postal Savings Bank for operation and use. The interest income obtained from the operation and use of the Postal Savings Bank is distributed between the Postal Savings Bank and postal enterprises in accordance with the settlement methods stipulated by the state, and this income is paid to the postal enterprises and their provincial subsidiaries in the form of "agency fees".
The above-mentioned "agency fees" paid by the Postal Savings Bank to postal enterprises and their provincial subsidiaries in accordance with the regulations of the Ministry of Finance and other relevant departments do not fall within the scope of "handling fees and commissions" stipulated in this article. It is deducted when calculating the enterprise's taxable income.
3. Regarding the pre-tax deduction of operating costs of enterprises engaged in agency services
Enterprises engaged in agency services whose main business income is fees and commissions (such as securities, futures, insurance agencies and other enterprises), the operating costs (including handling fees and commission expenses) actually incurred to obtain such income are allowed to be deducted before corporate income tax.
IV. Regarding the pre-tax deduction of handling fees and commission expenses of telecommunications companies
In the process of developing customers and expanding business (such as entrusted sales of telephone network cards and telephone recharge cards), telecommunications companies etc.), if it is necessary to pay handling fees and commissions to brokers and agents, the actual related handling fees and commission expenses shall not exceed 5% of the company's total revenue for the year, and shall be deducted before corporate income tax.
The above-mentioned handling fees and commission expenses of telecom companies are limited to the handling fees and commission expenses incurred by telecom companies due to entrusted sales of telephone network cards and telephone recharge cards in the process of developing customers and expanding business.
5. Regarding the issue of obtaining invoices for handling fees and commissions
For handling fees and commissions paid by enterprises to enterprises and individuals, tax invoices must be obtained before they can be deducted before tax. If the other party cannot When issuing relevant invoices, you can recommend that the other party apply to the tax authorities for issuance on your behalf.
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