An important condition of tax planning is to invest in different regions and industries and enjoy different preferential tax policies. At present, the preferential tax policy of enterprise income tax has formed a new pattern of tax preference, which is mainly based on industrial preference, supplemented by regional preference and taking into account social progress. Regional preferential tax policies only retain the preferential tax policies for the development of the western region, and other regional preferential policies have been cancelled. Preferential industrial tax policies are mainly embodied in promoting technological innovation and scientific and technological progress, encouraging infrastructure construction, encouraging agricultural development, environmental protection and energy conservation. Therefore, enterprises use preferential tax policies for tax planning mainly in the following aspects:
Preferential policies of low tax rate and income reduction. The preferential policies of low tax rate and income reduction mainly include: 20% preferential tax rate for small and low-profit enterprises that meet the requirements; Total income of enterprises with comprehensive utilization of resources decreased 10%. The tax law stipulates the taxable income, the number of employees and the total assets of small and low-profit enterprises.
2. Tax incentives for industrial investment. The preferential tax policies for industrial investment mainly include: collecting income tax at a reduced rate of 15% for high-tech enterprises that need key support from the state; Agriculture, forestry, animal husbandry and fishery are exempt from tax; Enjoy the state-supported infrastructure investment tax concessions of three exemptions and three reductions; 10% investment in special equipment such as environmental protection, energy saving and water saving, and safe production shall be deducted from the tax payable of the enterprise in the current year.
3. Preferential policies for employment placement. Preferential policies for job placement mainly include: the salary deduction for enterprises to resettle the disabled 100%, and the salary for enterprises to resettle specific groups (such as laid-off, unemployed and professionals). ) was also deducted. As long as enterprises recruit laid-off workers and disabled people, they can enjoy additional tax concessions. Enterprises can combine their own operating characteristics, analyze which positions are suitable for placing personnel encouraged by the state, plan the differences between the above-mentioned personnel and ordinary people in salary costs, training costs, labor productivity, etc., and try to hire specific personnel who can enjoy preferential treatment without affecting the benefits of enterprises.
Two, the rational use of enterprise organizational forms for tax planning
In some cases, enterprises can make tax planning through rational use of their organizational forms. For example, after the merger of enterprise income tax law, according to international practice, enterprise income tax is used as the standard to define taxpayers, and the original standard of independent accounting of domestic enterprise income tax is no longer applicable. At the same time, it is stipulated that branches without legal person status should be aggregated to the head office for unified tax payment. Different organizational forms adopt independent tax payment and summary tax payment respectively, which will have an impact on the tax burden of the head office. Enterprises can make use of the new regulations and make effective tax planning by choosing the organizational form of branches.
Enterprises have two choices in organizational form: subsidiaries and branches. Among them, the subsidiary is an entity with independent legal personality and can bear civil legal responsibilities and obligations; A branch company is an entity without independent legal personality, which requires the head office to bear legal responsibilities and obligations. The main factors to be considered in the form of enterprise organization include: the profit and loss of branches, whether branches enjoy preferential tax rates, etc.
In the first case, branches with preferential tax rates are expected to make profits and choose subsidiaries to pay taxes separately. In the second case, it is expected that the profits of branches with non-preferential tax rates will be collected in the form of branches and paid to the head office to make up for the losses of the head office or other branches; Even if the subordinate companies are all profitable, the summary tax payment at this time has no tax saving effect, but it can reduce the tax cost of enterprises and improve management efficiency. In the third case, it is expected that the branches with non-preferential tax rates will suffer losses. If you choose the branch form, you can make up for the losses with the profits of other branches or the head office. The fourth case: it is expected that the branches applying preferential tax rates will lose money. In this case, the branch's ability to turn losses should be considered. If they can turn losses in a short time, they should adopt the form of subsidiaries, otherwise they should adopt the form of branches, which is closely related to the business planning of enterprises. But generally speaking, if the tax rate of subordinate companies is low, it is advisable to set up subsidiaries and enjoy the local low tax rate.
If a branch is established overseas, the subsidiary is an independent legal person, and it is regarded as a resident taxpayer in the country where it is established, and usually bears the same comprehensive tax obligations as other resident companies in that country. However, subsidiaries enjoy more tax benefits than companies in the host country, and generally can enjoy the same tax benefits that the host country gives to its resident companies. If the applicable tax rate in the host country is lower than that in the country of residence, the accumulated profits of subsidiaries can also benefit from deferred tax payment. However, the branch is not an independent legal person, and it is regarded as non-resident taxpayer in the country where it is established, and the profits incurred are consolidated and taxed with the head office. However, China's enterprise income tax law does not allow the profits and losses of domestic and foreign institutions to make up for each other. Therefore, if there is a loss in the operation of the branch during the operation period, the loss of the branch cannot offset the profit of the head office.
Third, the use of depreciation methods for tax planning.
Depreciation is the value part transferred to cost or period expense to make up for the loss of fixed assets. Depreciation is directly related to the current cost, expenses, profits and income tax payable of the enterprise. Depreciation has the function of tax deduction, and different depreciation methods require different income taxes. Therefore, enterprises can use depreciation method for tax planning.
Shortening the depreciation period is conducive to accelerating the cost recovery, and can move the later cost forward, thus making the previous accounting profit move backward. On the premise of stable tax rate, delaying the payment of income tax is equivalent to obtaining an interest-free loan. In addition, when enterprises enjoy the preferential policy of "three exemptions and three reductions", they should extend the depreciation period, arrange the later profits as much as possible during the preferential period, and also carry out tax planning to reduce the corporate tax burden. The most commonly used depreciation methods are straight-line method, workload method, sum of years method and double declining balance method. The amount of depreciation calculated by different depreciation methods is inconsistent in quantity, and the cost of each period is also different, which affects the operating cost and profit of each period. This difference provides the possibility for tax planning.
Four, the use of inventory valuation method for tax planning.
Inventory is an important part of determining the cost accounting of main business, which has great influence on product cost, enterprise profit and income tax. The enterprise income tax law allows enterprises to use the first-in first-out method, weighted average method or individual valuation method to determine the actual cost of issuing inventory, but it does not allow the last-in first-out method.
Choosing different inventory valuation methods will lead to different sales costs and ending inventory costs, which will lead to different corporate profits, and then affect the income tax in each period. Enterprises should choose different inventory valuation methods according to their different tax periods and different profit and loss situations, so as to give full play to the pre-tax deduction effect of costs and expenses. For example, the first-in first-out method is suitable for the general downward trend of market prices, which can reduce the inventory value at the end of the period, increase the cost of goods sold in the current period, reduce the taxable income in the current period, and delay the tax payment time. When enterprises generally feel that liquidity is tight, delaying tax payment is undoubtedly an interest-free loan from the state, which is conducive to enterprise capital turnover. In the case of inflation, the first-in first-out method will falsely increase profits and increase corporate tax burden, so it is not suitable to adopt it.
Five, the use of revenue recognition time for tax planning.
Choosing different sales methods has different effects on enterprise capital inflow and enterprise income realization, and different sales methods have different time to confirm income in tax law. By choosing the sales method, controlling the time of income recognition and reasonably attributing it to the income year, we can obtain the tax benefits of deferred tax payment in business activities.
The confirmation of sales methods and revenue realization time stipulated in the enterprise income tax law includes the following situations: first, the direct collection sales method, that is, the day when the payment is received or the demand certificate is obtained, and the bill of lading is handed over to the buyer, is the confirmation time of revenue. Second, collection and acceptance or entrusted bank collection, the day when the goods are sent out and the collection procedures are completed is the time to confirm the income. 3. For sales on credit or by installment, the payment date agreed in the contract shall be the confirmation date of the enterprise's income. 4. For the method of sales with advance payment or sales with advance payment in installments, the time for revenue recognition is whether the goods are delivered or not. Fifth, long-term labor or engineering contracts, according to the completion schedule or workload completed in the tax year to confirm the realization of income.
It can be seen that the confirmation of sales revenue lies in "whether to deliver the goods". If sales are obtained through delivery or sales vouchers are obtained, the sales organization shall confirm the income; Otherwise, the benefits are not realized. Therefore, the key to the sales revenue plan is to grasp and adjust the delivery time. Each sales settlement method has its standard revenue recognition conditions, and enterprises can control the time of revenue recognition by controlling the revenue recognition conditions.
Six, use the choice of expense deduction standard for tax planning.
Expenditure is a decreasing factor of taxable income. Within the scope permitted by the tax law, we should collect the current expenses as much as possible, reduce the income tax payable, and legally postpone the tax payment time in order to obtain tax benefits.
The expenses allowed to be deducted before tax in the enterprise income tax law are divided into three categories: first, the items that are allowed to be fully deducted according to the facts, including reasonable wages and salaries, special funds for environmental protection and ecological restoration extracted by enterprises in accordance with the relevant provisions of laws and administrative regulations, and loan interest expenses of financial institutions. Second, there are some items deducted in proportion, including public welfare donation expenses, business entertainment expenses, advertising expenses, trade union funds, etc. Enterprises should control the scale and proportion of these expenses to keep them within the deductible range, otherwise, the tax burden of enterprises will increase. Third, the items that are allowed to be deducted include the research and development expenses of enterprises and the wages paid by enterprises for the placement of disabled people. Enterprises can consider increasing the amount of such expenditures appropriately, so as to give full play to their tax deduction function and reduce the corporate tax burden.
The expenses allowed to be deducted according to the facts can be fully compensated, which can make the enterprise reasonably reduce its profits, and the enterprise should list these expenses in full. The expenses with proportional limit in the tax law shall not exceed the limit as far as possible, and the part within the limit shall be collected in full; The excess is not allowed to be deducted before tax in tax law, and should be incorporated into profit tax. Therefore, we should pay attention to the control of tax-saving points of various expenses.