Article 1. In order to strengthen the collection and management of income tax for electric power enterprises, in accordance with the "Tax Collection and Management Law of the People's Republic of China" (referred to as the "Collection Management Law") and its implementation rules, and the "Tax Collection and Management Law of the People's Republic of China" **The Interim Regulations on Enterprise Income Tax of the People's Republic of China and its implementation details and relevant provisions are formulated to formulate these Measures. Article 2 The term “power enterprises” as mentioned in these Measures refers to power generation enterprises, power supply enterprises and power grid operating enterprises. Article 3: Electric power enterprises (including joint-stock, joint-venture and fund-raising power plants) shall all be taxpayers of corporate income tax as enterprises that implement independent economic accounting. Unless otherwise specified, wholly-owned electric power enterprises affiliated to electric power groups and electric power companies that implement unified accounting shall, upon review and approval by the provincial tax authorities, regard electric power group companies and electric power companies as corporate income tax taxpayers.
(1) The electric power companies affiliated to North China Electric Power Group regard North China Electric Power Group Company (referring to Beijing-Tianjin-Tangshan Power Grid), Shanxi Electric Power Company, and Hebei Electric Power Company as corporate income tax taxpayers respectively.
(2) The electric power enterprises affiliated to North China Electric Power Group regard Northeast Electric Power Group Company as the corporate income tax taxpayer.
(3) The electric power companies affiliated to East China Electric Power Group shall regard East China Electric Power Group Company, Shanghai Electric Power Company, Jiangsu Electric Power Company, Anhui Electric Power Company, and Zhejiang Electric Power Company as corporate income tax taxpayers.
(4) The electric power companies affiliated to Huazhong Electric Power Group shall regard Huazhong Electric Power Group Company, Hubei Electric Power Company, Henan Electric Power Company, Jiangxi Electric Power Company and Hunan Electric Power Company as corporate income tax taxpayers.
(5) The power companies affiliated to Northwest Electric Power Group shall regard Northwest Electric Power Group Company, Gansu Electric Power Company, Ningxia Hui Autonomous Region Electric Power Company, Qinghai Electric Power Company, and Xinjiang Uygur Autonomous Region Electric Power Company as corporate income tax taxpayers.
(6) The electric power companies (bureaus) affiliated to Shandong, Fujian, Guangdong, Guangxi, Hainan, Sichuan, Guizhou, Yunnan, Inner Mongolia, Chongqing, (provinces, autonomous regions, and municipalities directly under the Central Government) are classified as provincial-level power companies. For corporate income tax taxpayers.
(7) Gezhouba Hydropower Plant and China Southern Electric Power Co., Ltd. are corporate income tax taxpayers respectively.
The above-mentioned power group companies and provincial power companies are referred to as remittance payment enterprises; the electric power enterprises affiliated to the above-mentioned power group companies and provincial power companies are referred to as remittance member enterprises. Article 4 Enterprises affiliated to power group companies and provincial power companies that provide services for power generation, including industrial manufacturing, repair, repair, transportation, material supply enterprises and other non-power enterprises, shall pay corporate income tax as enterprises that implement independent economic accounting. people. Article 5 According to relevant national regulations, when electric power enterprises sell electricity and heat products, the Three Gorges Project Construction Fund, electric power construction fund, and power supply and distribution subsidies collected from users along with the electricity price shall be included in the fiscal budget or outside the budget according to regulations. If the special fiscal funds account implements dual-line management of revenue and expenditure, corporate income tax will not be levied; if the tax is not paid in accordance with the regulations, the fiscal budget or extra-budgetary fiscal funds special account implements dual-line management of revenue and expenditure, and if the tax exceeds the standard, The above-mentioned funds and fees and other funds and fees collected from users along with the electricity price shall be included in the total income of the enterprise, and corporate income tax shall be calculated and levied in accordance with the law. Article 6 Costs and expenses incurred by electric power enterprises shall be subject to the deduction standards stipulated in tax regulations. If the expenditure standards stipulated in the financial and accounting systems are inconsistent with the deduction standards stipulated in tax regulations, tax adjustments shall be made in accordance with regulations. Article 7 For power enterprises that implement the method of linking total wages with economic benefits (hereinafter referred to as work efficiency linking), if the actual wage expenditures incurred are lower than the amount withdrawn according to the method of linking work efficiency, the actual wage expenditures incurred shall be deducted before tax. Electric power enterprises that implement work efficiency linking must submit the approved work efficiency linking plan to the tax authorities at the same level for filing and approval. Otherwise, deductions will be made according to the tax calculation standards stipulated by the state.
For power enterprises that have not implemented efficiency-linked measures, their salary expenditures will be deducted before tax based on taxable salary standards.
As a result of reorganization, transformation or asset reorganization, a remittance member enterprise that implements performance-linked remittance payment becomes a power enterprise that pays local income tax. After approval by the provincial tax authority, its actual wage expenditures will be allowed to be taxed. Deduction before. Article 8: The funds of employee unions, employee welfare fees, and employee education funds of electric power enterprises are calculated and deducted at the rate of 2%, 14%, and 1.5% of the total wages allowed to be deducted before tax respectively. If the wages actually paid by the taxpayer are higher than the total wages deducted before tax, the employee union funds, employee welfare fees, and employee education funds shall be calculated and deducted based on the total pre-tax wages deducted.
Article 9 Business entertainment expenses related to production and operation incurred by electric power enterprises shall be deducted within the following limits if the enterprise provides accurate records or documents:
(1) Annual sales (business) If the income is less than 15 million yuan (excluding 15 million yuan), it shall not exceed 5‰ of the annual sales (operating) income;
(2) The annual sales (operating) income is less than 15 million yuan (inclusive) 15 million yuan) or more, but less than 50 million yuan, it shall not exceed 3‰ of the sales (operating) income of that part;
(3) The annual sales (operating) income exceeds 50 million yuan (including 5,000 yuan) Ten thousand yuan), but less than 100 million yuan, it shall not exceed 2‰ of the sales (operating) income of that part;
(4) The annual sales (operating) income is 100 million yuan (including 100 million yuan) ) and above shall not exceed 1‰ of the sales (operating) income of that part.
If a remittance member enterprise separately calculates and deducts business entertainment expenses, the remittance enterprise shall not make unified provision; if a remittance enterprise calculates and deducts business entertainment expenses in a unified manner, the remittance enterprise may calculate and deduct business entertainment expenses in accordance with the method reviewed and approved by the local provincial tax authority. The amount is apportioned to the remittance payment member enterprises, and the affiliated remittance payment member enterprises are no longer allowed to calculate the deduction separately.