According to Caishui [2009] No.87, the fiscal funds that should be included in the total income obtained by enterprises from the financial departments and other departments of the people's governments at or above the county level during the period from June 5438+1 October1day to February 3 1 day, 2008 can be regarded as non-taxable income.
1. The enterprise can provide funds disbursement documents, which stipulate the special purpose of funds;
2. The financial department or other government departments that allocate funds have special fund management measures or specific management requirements for funds;
3. Enterprises shall separately account for funds and expenditures incurred by funds.
Debit: bank deposit-special fund
Loans: deferred income
Borrow: fixed assets (materials) of projects under construction, etc.
Loans: bank deposits-amortization of special funds
Debit: Deferred income.
Loan: non-operating income
Tax adjustment Financial subsidies that do not meet the above conditions belong to taxable income (taxable income or tax-free income). If and only if one or more departments of People's Republic of China (PRC) the State Council, Ministry of Finance or State Taxation Administration of The People's Republic of China explicitly confirm it as tax-free income, it belongs to tax-free income and can be adjusted in the year when it is included in accounting income; Otherwise, it is taxable income, which should be included in the taxable income in the year when financial subsidies are obtained.
For example, the value-added tax subsidies for software and integrated circuits that are refunded when the value-added tax exceeds 3% as stipulated in Caishui [2008] 1 document belong to tax-free income.
For non-taxable income, we should also pay attention to the implementation of the provisions of Article 28 of the Regulations. Expenses incurred from non-taxable income shall not be deducted when calculating taxable income; Depreciation and amortization of assets used for expenses shall not be deducted when calculating taxable income. In other words, financial subsidies belong to non-taxable income or taxable income, and the impact on taxable income is only a time difference, and non-taxable income cannot permanently reduce taxable income.
In addition, Caishui [2009] No.87 also stipulates that after an enterprise treats the financial funds that meet the above requirements as non-taxable income, the part that has not been spent within five years (60 months) and has not been returned to the finance or other government departments that allocated the funds will be re-included in the total income in the sixth year after obtaining the funds; The expenditure of financial funds re-included in the total income is allowed to be deducted when calculating the taxable income.
Notice on Corporate Income Tax Policy of Government Funds Concerning Administrative Fees of Fiscal Funds Caishui [2008] 15 1 Finance Departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, State Taxation Bureau, Local Taxation Bureau and Finance Bureau of Xinjiang Production and Construction Corps: According to the Enterprise Income Tax Law of People's Republic of China (PRC) and the Enterprise Income Tax Law of People's Republic of China (PRC),
I. Financial funds
(a) all kinds of financial funds obtained by enterprises shall be included in the total income of the enterprise in the current year, except those that belong to state investment and need to return the principal after the use of the funds.
(2) The financial funds obtained by an enterprise and used for specific purposes as stipulated by the competent departments of finance and taxation of the State Council and approved by the State Council are allowed as non-taxable income and deducted from the total income when calculating the taxable income.
(3) The financial subsidy income received by institutions, social organizations and other organizations that are included in the budget management and allocated by the financial department or higher-level units according to the approved budget and capital reporting relationship is allowed as non-taxable income, which is deducted from the total income when calculating the taxable income, except as otherwise provided by the financial and tax authorities of the State Council and the State Council.
The term "financial funds" as mentioned in this article refers to various special financial funds such as financial subsidies, subsidies and loan interest subsidies obtained by enterprises from the government and its relevant departments, including directly reduced or exempted value-added tax and various taxes that can be refunded immediately after collection, but excluding export tax rebates obtained by enterprises according to regulations; State investment refers to the direct investment made by the state as an investor in an enterprise, and the paid-in capital (share capital) of the enterprise is correspondingly increased according to relevant regulations.
Two, about government funds and administrative fees.
(1) Government funds paid by enterprises in accordance with regulations and approved by the State Council or the Ministry of Finance, as well as administrative fees approved by the people's governments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government and their finance and price departments, are allowed to be deducted when calculating taxable income. Funds and expenses paid by enterprises that do not meet the above examination and approval authority shall not be deducted when calculating taxable income.
(two) the various funds and fees charged by the enterprise shall be included in the total income of the enterprise in the current year.
(three) government funds and administrative fees charged by enterprises according to laws, regulations and relevant provisions of the State Council are allowed to be deducted from the total income of the fiscal year; The part that has not been turned over to the state treasury shall not be deducted from the total income.
3. Expenses used for expenses in non-taxable income of an enterprise shall not be deducted when calculating taxable income; The depreciation and amortization of assets formed by non-taxable income used by enterprises for expenditure shall not be deducted when calculating taxable income. Iv. this notice shall be implemented as of June 1 2008. '
Reminder: Pay attention to the difference with financial allocation.
Article 7 of the Enterprise Income Tax Law: The following income from the total income is non-taxable income.
1. financial allocation.
2 administrative fees and government funds collected according to law and incorporated into financial management.
3. Other non-taxable income stipulated by the State Council.
Regulations for the implementation of the enterprise income tax law:
Article 26 The term "financial appropriation" as mentioned in Item (1) of Article 7 of the Enterprise Income Tax Law refers to the financial funds allocated by people's governments at all levels to institutions, social organizations and other organizations included in the budget management, except as otherwise provided by the financial and tax authorities of the State Council.
The term "administrative fees" as mentioned in Item (2) of Article 7 of the Enterprise Income Tax Law refers to the fees collected from specific objects and incorporated into financial management with the approval of relevant laws, regulations and other procedures in the State Council in the process of implementing social public management and providing specific public services to citizens, legal persons or other organizations.
The term "government funds" as mentioned in Item (2) of Article 7 of the Enterprise Income Tax Law refers to financial funds with specific purposes collected by enterprises on behalf of the government in accordance with laws, administrative regulations and other relevant provisions.
Other non-taxable income mentioned in Item (3) of Article 7 of the Enterprise Income Tax Law refers to the financial funds obtained by the enterprise and designated by the financial and tax authorities of the State Council and approved by the State Council.