How To Deal With Income Tax In The Replacement Of Enterprise Assets?
(1) the overall assets replacement of enterprises refers to the total exchange of all branches of an enterprise or its independent accounting business with other branches of the business of another enterprise or its independent accounting branches.
In the event of a paction, the total assets replacement of an enterprise should be decomposed into an income tax based on the sale of all assets at fair value and the purchase of all assets of the other party at fair value, and the income or loss of assets pfer shall be calculated according to the provisions.
(two) if the monetary assets of the total asset replacement paction, which are the assets replacement paction premium (the difference between the fair value of all assets of the two parties), account for no more than 25% of the total value of the total assets pferred, the enterprises of the assets replacement shall not recognize the income or loss of the pfer of assets by the tax authorities.
The total assets replacement between enterprises not in the same province (autonomous region or municipality directly under the central government) must be reported to the State Administration of Taxation for verification and confirmation. The local enterprises in the city will have overall capital replacement. The specific authority of the tax authorities is that the assets replacement parties are all enterprises in the district and county, and are verified by the local competent tax authorities in the same district and county.
The specific procedures for verification and confirmation are as follows: a written application submitted by the enterprises to the competent tax authorities and the relevant information submitted to the competent tax authorities shall be submitted to the competent tax authorities for verification and confirmation. The competent tax authorities shall formally confirm the documents on the basis of careful examination and approval.
When applying, the enterprise shall submit the following information: Xun 1, a copy of the tax registration certificate of the parties to the assets replacement; 2, the asset replacement agreement or contract with legal effect approved by the parties to the asset replacement; 3, the verification report of the replacement assets audited by the certified public accountant and the registered tax collector; 4, the parties to the asset replacement application do not confirm the cause or loss of the pfer; 5, the tax authorities require other relevant information.
(three), in accordance with the provisions of article (two), the total assets replacement paction handled by the enterprise's income tax shall be determined. The cost of exchanging assets between the two parties shall be determined on the basis of the original net book value of the assets pferred.
The specific method is to allocate the total value of the original net book value of the exchanged assets according to the ratio of the fair value of the assets pferred to the total value of the total assets and the total cost of the assets pferred.
The party who pays the premium in the overall assets replacement paction of an enterprise shall, on the basis of the sum of the original net book value of the exchanged assets and the premium paid, determine the cost of the assets pferred. The party who receives the premium in the overall asset replacement paction shall deduct the premium from the net book value of the replacement assets as the basis for the asset cost determination.
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