According to Announcement No.9 of the Ministry of Finance and State Taxation Administration of The People's Republic of China in 2020, cash and articles donated by enterprises for epidemic prevention through public welfare social organizations or state organs such as people's governments at or above the county level and their departments, as well as epidemic prevention articles donated directly to hospitals undertaking epidemic prevention and control tasks, are allowed to be deducted in full when calculating taxable income.
Enterprise epidemic prevention donations are not subject to the deduction ratio of public welfare donations 12% specified in Caishui [2065 438+08] 15, and can be fully deducted before tax. However, it should be noted that only epidemic prevention materials can be directly donated to hospitals that undertake the task of epidemic prevention and control, and the donation acceptance letter issued by the hospital is deducted before tax. Direct cash donations are not allowed to be deducted before tax according to regulations.
What items can be deducted before tax when calculating enterprise income tax?
1. Wage and salary expenditure
Reasonable wages and salaries incurred by enterprises are allowed to be deducted according to the facts. Wage and salary expenses include basic salary, bonus, allowance, subsidy, year-end salary increase, overtime pay and other expenses related to employees' employment or employment in cash and non-cash forms.
2. Three funds
Employee welfare expenses: the part that does not exceed 14% of total wages and salaries is allowed to be deducted;
Trade union funds: the part that does not exceed 2% of the total wages is allowed to be deducted;
Employee education funds: the part that does not exceed 8% of the total wages is allowed to be deducted; The excess is allowed to be carried forward to the next tax year for deduction.
3. Insurance premium
(1) The basic social insurance premium and housing accumulation fund (i.e., four insurances and one gold) paid by enterprises for employees according to the scope and standards stipulated by the relevant competent departments of the State Council or the provincial people's government are allowed to be deducted.
(two) the supplementary pension insurance premiums and supplementary medical insurance premiums paid by enterprises for all employees shall be deducted within the limit of not exceeding 5% of the total wages of employees.
(3) Except for the personal safety insurance premiums paid by enterprises for special types of workers in accordance with the relevant provisions of the state and other commercial insurance premiums that can be deducted according to the provisions of the competent departments of finance and taxation of the State Council, the commercial insurance premiums paid by enterprises for investors or employees shall not be deducted.
(4) It is allowed to deduct the personal accident insurance expenses incurred by employees on business trips by means of transportation.
(5) It is allowed to deduct the insurance premiums paid by enterprises in accordance with relevant regulations when they participate in property insurance.
(6) Insurance premiums paid by enterprises in accordance with regulations when they participate in liability insurance such as employer liability insurance and public liability insurance are allowed to be deducted before enterprise income tax.
4. Charity donation
Donation expenses for charitable activities and public welfare undertakings by enterprises through public welfare social organizations or people's governments at or above the county level (including the county level) and their departments according to law are allowed to be deducted when calculating taxable income; The excess shall be deducted when calculating the taxable income within 3 years after carry-over.
From 20 19 65438+ 10/0 to 2022 65438+3/2 1, donations made by enterprises for poverty alleviation by public welfare social organizations or people's governments at or above the county level and their departments are allowed to be deducted when calculating the taxable income of enterprise income tax. During the implementation of the policy, poverty-stricken areas are targeted. The above policies can continue to apply. If an enterprise has poverty alleviation donation expenditure and other public welfare donation expenditure at the same time, it will not be included in the eligible poverty alleviation donation expenditure when calculating the deduction limit of public welfare donation expenditure.
5. Business entertainment expenses
Business entertainment expenses related to production and business activities of the enterprise shall be deducted according to 60% of the amount incurred, but the maximum amount shall not exceed 5‰ of the sales (business) income of the year.
For enterprises engaged in equity investment business (including group company headquarters, venture capital enterprises, etc.). ), the deduction limit of business entertainment expenses can be calculated according to the prescribed proportion of dividends, bonuses and equity transfer income of the invested enterprise.
During the preparation period, the business entertainment expenses related to the preparatory activities can be included in the enterprise preparation expenses according to 60% of the actual amount, regardless of income.
6. Advertising fees and business promotion fees
Unless otherwise stipulated by the competent department of finance and taxation of the State Council, the eligible advertising expenses and business promotion expenses incurred by the enterprise do not exceed 15% of the sales (business) income of the current year, and are allowed to be deducted; The excess is allowed to be carried forward to the next tax year for deduction.
Advertising fees and business promotion fees incurred by enterprises during the preparation period can be included in the preparation expenses according to the actual amount and deducted according to the regulations.
Advertising expenses and business promotion expenses incurred in cosmetics manufacturing and sales, pharmaceutical manufacturing and beverage manufacturing (excluding alcohol manufacturing) are allowed to be deducted if they do not exceed 30% of the sales (business) income of the year; The excess is allowed to be carried forward to the next tax year for deduction.
Tobacco advertising fees and business promotion fees of tobacco enterprises shall not be deducted when calculating taxable income.
7. Borrowing costs
(1) The uncapitalized reasonable borrowing costs incurred by an enterprise in its production and operation activities are allowed to be deducted.
(2) The reasonable borrowing costs incurred by an enterprise in the process of purchasing and constructing related assets shall be included in the cost of related assets as capital expenditures, which shall not be deducted directly in the current period according to regulations, but shall be deducted through depreciation, amortization or asset transfer.
8. Interest expense
(1) The following interest expenses incurred by an enterprise in its production and business activities are allowed to be deducted.
(1) Deduct the interest expenses of loans from non-financial enterprises to financial enterprises, deposits from financial enterprises and interbank borrowing from financial enterprises according to the facts;
(2) Interest expenses incurred by non-financial enterprises in borrowing from non-financial enterprises shall not exceed the amount calculated according to the interest rate of similar loans of financial enterprises in the same period, and may be deducted according to the facts;
(3) If the enterprise investor fails to pay the due capital in full within the prescribed time limit, the interest generated by the enterprise borrowing from abroad is equivalent to the interest payable on the difference between the paid-in capital and the due capital within the prescribed time limit, which shall not be deducted when calculating the income due to the enterprise.
(2) Interest expenses incurred by an enterprise in borrowing money from unrelated internal employees or other personnel shall be deducted in accordance with the provisions of the tax law if the loan conditions meet the following conditions at the same time and the interest expenses do not exceed the amount calculated according to the similar loan interest rate of financial enterprises in the same period.
The loan between an enterprise and an individual is true, lawful and effective, and does not have the purpose of illegal fund-raising or other acts in violation of laws and regulations;
Enterprises and individuals signed loan contracts.
9. Special funds for environmental protection
Special funds for environmental protection and ecological restoration. If the enterprise extracts in accordance with the relevant provisions of laws and administrative regulations, it shall be allowed to deduct. If the above-mentioned special funds are used for different purposes after extraction, they shall not be deducted.
10. Rental fee
(1) Lease expenses incurred in renting fixed assets through operating lease shall be deducted on average according to the lease term.
(2) The rental expenses incurred in leasing the fixed assets by means of financial leasing shall be deducted by stages according to the provisions for the part that constitutes the value of the fixed assets leased by financial leasing.
1 1. Expenses and commission expenses
Starting from (1)20 19 1, the handling fees and commissions related to the business activities of an insurance enterprise shall not exceed 18% (inclusive) of the balance of all premium income in the current year after deducting surrender premiums, and shall be deducted when calculating taxable income; The excess is allowed to be carried forward to the next year for deduction.
(2) Other enterprises shall calculate the limit at 5% of the income confirmed in the service agreement or contract signed with intermediary service institutions or individuals with legal business qualifications (excluding both parties to the transaction and their employees, agents, representatives, etc.). ).
(3) Special provisions allowing deduction of facts: enterprises (such as securities, futures, insurance agents, etc. If you are engaged in agency services and your main business income is fees and commissions, you are allowed to deduct the actual operating costs (including fees and commissions) incurred in obtaining this income before enterprise income tax.
12. Other deductible expenses
(1) Reasonable labor protection expenses incurred by the enterprise are allowed to be deducted.
(2) The exchange losses incurred by the enterprise are allowed to be deducted, except that they have been included in the cost of relevant assets and the part related to the distribution of profits to owners.
(3) Depreciation expenses of fixed assets, amortization expenses of intangible assets and deferred assets calculated by the enterprise according to regulations are allowed to be deducted.
(4) Deduction of membership fees, reasonable meeting fees, travel expenses, liquidated damages and legal fees is allowed.
(5) State-owned enterprises (including wholly state-owned, wholly-owned and state-owned capital absolute holding enterprises and relative holding enterprises) are included in the management expenses of party organizations, and the actual expenditure does not exceed 1% of the total annual wages and salaries of employees, which can be deducted before enterprise income tax; The trade union funds of party organizations in non-public enterprises are included in the enterprise management fees, and the part that does not exceed the total annual wages and salaries of employees 1% can be deducted according to the facts.