Equity investment refers to the acquisition of shares of the invested unit through investment. The equity investment of enterprises in other units is usually held for a long time. With the in-depth development of market economy, more and more enterprises use equity investment to manage assets in order to obtain certain economic benefits. For the equity investment behavior of enterprises, the state has successively issued some relevant tax-related policies, but most of them are scattered in some documents. After sorting out these policies, the author thinks that the following three points need taxpayers' special attention. The Notice on Business Tax on Equity Transfer (Caishui [2002] 19 1No.) stipulates that intangible assets and real estate that invest in shares and participate in the profit distribution of the grantee are not subject to business tax. No business tax is levied on equity transfer. The Official Reply on the Issue of Levying Business Tax on Fixed Profits from Investment in Real Estate or Intangible Assets (Guo Fa [1997] No.490) stipulates that according to the relevant provisions of the Notes on Business Tax Items, if you invest in real estate or intangible assets and collect fixed profits, you should distinguish the following two situations: levying business tax on real estate and land. If you invest in shares with trademark rights, patents, non-patented technologies, copyrights, goodwill, etc. And collect fixed profits, which belongs to the act of transferring the right to use intangible assets, and the business tax should be levied according to the tax item of "transferring intangible assets". To sum up, if the * * * risk constitutes a substantial investment, business tax will not be levied on intangible assets and real estate investment; If fixed income is collected and intangible investment risks are not shared, business tax shall be levied on intangible assets and real estate investment according to regulations. Tax base Article 56 of the Regulations for the Implementation of the Enterprise Income Tax Law stipulates that all assets of an enterprise include fixed assets, biological assets, intangible assets, long-term deferred expenses, investment assets and inventories. , is based on historical cost. The historical cost mentioned in the preceding paragraph refers to the actual expenses incurred when an enterprise acquires assets. During the period when an enterprise holds various assets, the tax basis of the assets shall not be adjusted, except that the profits and losses can be confirmed in accordance with the provisions of the competent departments of finance and taxation of the State Council. Article 14 of the Enterprise Income Tax Law stipulates that during the period of an enterprise's foreign investment, the cost of investment assets shall not be deducted when calculating the taxable income. However, the second paragraph of Article 71 of the Regulations for the Implementation of the Enterprise Income Tax Law stipulates that when an enterprise transfers or disposes of its investment assets, it is allowed to deduct the cost of the investment assets. That is to say, when an enterprise obtains investment assets, it should confirm the tax basis for obtaining assets, and deduct the income from asset transfer or disposal as taxable cost when transferring or disposing assets. In principle, the tax basis of enterprise assets shall not be adjusted due to impairment or appreciation during its holding period. The cost of foreign investment shall not be depreciated and amortized, nor shall it be directly deducted before tax as the current investment expense. For example, on June 5438+1 October1day, 2009, Company A exchanged its long-term equity investment in Company C for 0/5% equity of Company B/KLOC-0, and prepared to hold it for a long time. Because Company A does not have similar control and significant influence on Company B, and the fair value of the investment is not quoted in an active market, it cannot be reliably measured, so Company A adopts the cost method for accounting. The book value and tax-included cost of long-term equity investment are 654.38+0.5 million yuan. Other factors are not considered for the time being. The accounting treatment of Company A is as follows: Debit the long-term equity investment of Company B 15000000 and credit it to the long-term equity investment of Company C 15000000. On October 2011September 10, Company A transferred all its shares in Company B and made a profit of 23 million yuan. Then Company A should confirm that the income from equity investment transfer is 2300- 1500=800 (ten thousand yuan), and the accounting treatment is: debit the bank deposit of 23 million yuan, credit the long-term equity investment of Company B/kloc-0 15000000 yuan, and credit the investment income of 800000 yuan. Taxpayers please note that the third paragraph of Article 71 of the Regulations for the Implementation of the Enterprise Income Tax Law stipulates that the cost of investment assets shall be determined according to the following methods: (1) For investment assets obtained by paying cash, the purchase price shall be the cost; (2) The fair value of investment assets obtained by means other than cash payment and related customs duties paid are costs. The commission on equity disposal can be deducted before income tax according to the Notice on Pre-tax Deduction Policy for Enterprise Fees and Commissions (Caishui [2009] No.29), and the fees and commissions related to production and operation of the enterprise are allowed to be deducted if they do not exceed the following calculation limits; The excess shall not be deducted. Insurance enterprises: Property insurance enterprises shall calculate the limit according to the balance 15% (including this number, the same below) of all premium income in the current year after deducting surrender premium; The life insurance enterprise shall calculate the limit according to the balance 10% of the total premium income in the current year after deducting the surrender premium. Other enterprises: the limit is calculated by 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.). ). For example: 20 1 1 In April, Company A entrusted Mr. Wang to transfer 30% of its equity in Company N, with an investment cost of 20 million yuan. The company agreed with Mr. Wang that all the transfer price exceeding 50 million yuan belongs to Mr. Wang. On June+10, 5438, Mr. Wang found a customer for Company A, and the actual transfer price signed by both parties was 80 million yuan. According to the agreement, Company A paid Mr. Wang a commission of 30 million yuan. Company A shall pay enterprise income tax on the 60 million yuan obtained from the equity transfer. However, the commission paid by Company A to Mr. Wang shall not exceed 5% of the income confirmed in the contract before income tax, that is, 8000×5%=400 (ten thousand yuan), and the excess shall not be deducted before tax. What taxpayers need to be reminded is that Caishui [2009] No.29 document also stipulates that enterprises should sign agency agreements or contracts with intermediary service enterprises or individuals with legal business qualifications, and pay handling fees and commissions in accordance with relevant state regulations. Except for entrusting individual agents, the handling fees and commissions paid by enterprises in cash or other non-transfer ways shall not be deducted before tax. Fees and commissions paid by enterprises to relevant securities underwriting institutions for issuing equity securities shall not be deducted before tax. Enterprises shall not include fees and commission expenses in kickbacks, business commissions, kickbacks, entrance fees and other expenses. Fees and commission expenses included in fixed assets, intangible assets and other related assets of enterprises shall be deducted by installments through depreciation and amortization, and shall not be deducted directly in the current period. The fees and commissions paid by the enterprise shall not directly offset the amount of the service agreement or contract, but shall be recorded truthfully. The enterprise shall truthfully provide the local competent tax authorities with relevant information such as the calculation and distribution table of handling fees and commissions in the current year, and obtain legal and authentic vouchers according to law.

Legal objectivity:

Article 6 of the Enterprise Income Tax Law of People's Republic of China (PRC) refers to the total income obtained by an enterprise from various sources in monetary and non-monetary forms. Including: (1) income from sales of goods; (2) Income from providing labor services; (3) Income from property transfer; (four) dividends, bonuses and other equity investment income; (5) Interest income; (6) Rental income; (7) Royalty income; (8) Receiving donation income; (9) Other income.