Financial Q&A: How do enterprises confirm the tax basis when they accept physical investment?
According to Article 1 of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Business Tax on Equity Transfer (Caishui [2002] 19 1No.), if intangible assets or real estate are used to contribute shares and share the investment risks with the profit distribution of the grantee, business tax will not be levied; Article 2 stipulates that no business tax is levied on equity transfer. It can be seen that: first, the investment in intangible assets and real estate is shared with the profit distribution of investors, and no business tax is levied; Second, if the "land use right" in real estate and intangible assets is used to invest in shares and collect fixed profits, the business tax shall be levied according to the "leasing industry" item in the tax item of "service industry"; Third, if you invest in intangible assets such as "trademark right, patent right, non-patented technology, copyright and goodwill" and collect fixed profits, business tax will be levied according to the tax item of "transfer of intangible assets"; Fourth, pure equity transfer is not subject to business tax. As the investors of your company invest in real estate and non-technical patents, participate in the profit distribution of investors and share the investment risks, it does not belong to the scope of business tax. Paragraph 2 of Article 19 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Business Tax (Order No.52 of People's Republic of China (PRC) Ministry of Finance and State Taxation Administration of The People's Republic of China) stipulates that business tax shall be levied on the money paid to domestic units or individuals whose behavior falls within the scope of business tax or value-added tax collection. It is not within the scope of business tax, so it is not within the scope of invoicing. Take the investment agreement, appraisal report and payment bill as the tax basis of assets, and accrue depreciation or amortization. However, if goods are used as capital contribution, according to Article 4 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-added Tax (Order No.50 of the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China), if a unit or individual industrial and commercial household sells the goods it produces to shareholders or investors, it shall be deemed as selling the goods. Therefore, investors should issue invoices in accordance with regulations when investing in commodities. If the invoice is not obtained as required, pre-tax deduction is not allowed. With regard to enterprise income tax, according to Article 58 of the Regulations for the Implementation of the Enterprise Income Tax Law of People's Republic of China (PRC) (the State Council Order No.512), the fair value of fixed assets obtained through investment and relevant taxes paid are the tax basis; Article 66 stipulates that the fair value of intangible assets acquired through investment and related taxes and fees paid shall be the tax basis; Article 72 stipulates that the cost of inventory shall be determined according to the following methods: first, the cost of inventory obtained by paying cash is the purchase price and related taxes paid; Second, the fair value of inventory and related taxes and fees paid are the cost of obtaining inventory by means other than cash payment; Third, the agricultural products harvested by productive biological assets take the necessary expenses such as material costs, labor costs and shared indirect costs as costs. It can be seen that the fair value of physical assets and the relevant taxes and fees paid should be used as the tax basis for the investment of physical assets.