Can Actual Wages And Salaries Be Deducted Over A Year?
Whether the wages and salaries paid by enterprises are in accordance with the pre tax deduction of accrual basis or the deduction before payment is a problem that puzzles the enterprises for many years. With the issuance of the notice of the State Administration of Taxation on the pre tax deduction of enterprises' wages, salaries and staff welfare expenses, etc. (the Announcement No. thirty-fourth of the State Administration of Taxation 2015, hereinafter referred to as "34 announcement"), this problem has been solved for many years.
Salaries and salaries are also paid according to accrual basis, which can bridge the tax gap and reduce the workload of tax adjustment.
It should be noted that the enterprise must pay the wages mentioned in advance last year before the end of the final settlement, i.e. the next May 31st.
In order to retain talents, some enterprises require the year-end bonus to be issued in the latter half of the next year, so the year-end bonus can not be deducted before the final settlement.
The Circular of the State Administration of Taxation on the deduction of wages and salaries of employees and welfare of workers and staff members (state tax Letter No. 2009] No. 3) stipulates: "the" reasonable wages and salaries "referred to in the thirty-fourth section of the Implementing Regulations refers to the establishment of enterprises in accordance with the general meeting of shareholders, the board of directors, the remuneration committee or the relevant administrative organs.
Wages and salaries
The system stipulates the actual salaries and salaries paid to employees.
The document stipulates "actual payment" instead of "actual happening". The former is the cash payment system, the latter is the accrual basis, that is, the enterprise will pay the wages in December 2014 in January 2015, and the salary can not be in 2014.
deduction
It should be deducted in 2015.
Most of the enterprises now have the following wage system, that is, the monthly salary paid for the next month. Therefore, the payroll and payroll expenses that are included in the total profits of the enterprise accounting are the annual salary and salary expenses from 1 to December, and the salaries and salaries allowable before tax deduction are paid in December from last year to November next year.
Tax adjustment
。
This method of deduction was strictly implemented in previous years, but later it became somewhat loose.
Some tax authorities can also be deducted in accordance with the accrual basis. Some tax authorities are still strictly in accordance with the cash basis, causing tax authorities to perform differently, damaging the seriousness of the tax law, and making taxpayers at a loss.
At present, the policy is finally clear, and the second rule No. 34 provides: "the annual payroll paid in advance to the employees before the end of the annual settlement is allowed to be deducted according to the regulations in the year of remittance."
Related links:
The Ministry of Finance and the State Administration of Taxation on further supporting the policy of value-added tax and business tax in small and micro enterprises (fiscal 71 [2014]) stipulates that since August 1, 2013, enterprises or non enterprise units with a monthly sales of less than 20 thousand yuan on small scale taxpayers of value-added tax have been temporarily exempt from value-added tax; business tax is not exempted for business or non enterprise units whose monthly turnover is not more than 20 thousand yuan; taxpayers who are from 20 thousand yuan to 30 thousand yuan on sales from October 1, 2014 to December 31, 2015 are exempt from value-added tax; taxpayers who sell business tax from 20 thousand yuan to 30 thousand yuan on monthly turnover are exempt from business tax, and further increase tax support for small and micro enterprises. According to the notice of the Ministry of Finance and the State Administration of Taxation on temporarily exempting part of small and micro enterprises from value-added tax and business tax (fiscal [2013] 52) and
The notice on the stamp duty policy for the pfer of stocks and shares in the small and medium enterprises share pfer system (fiscal 2014 [47]) and the Ministry of Finance and the State Administration of Taxation on the cancellation of stamp duty on financial institutions and small and micro enterprises signed by the Ministry of Finance and the state Administration of Taxation (fiscal 78 [2014]) stipulates that from November 1, 2011 to December 31, 2017, the loan contract signed by financial institutions and small and micro enterprises is exempted from stamp duty. Since June 1, 2014, the share pfer agreement has been established in the nationwide share pfer system of small and medium-sized enterprises. The stamp duty on Securities (stock) pactions shall be paid by the pferor at the rate of 1 per cent according to the actual paction volume at the time of the book. According to the Ministry of Finance and State Administration of Taxation
The technology service platform of the public service demonstration platform for small and medium-sized enterprises in the eligible countries should be included in the scope of preferential tax policies for import and export of the existing technology development products. The import and export tariffs and import value-added tax and consumption tax shall be exempted from the import and export of scientific and technological development supplies within a reasonable number of countries, which can not be produced in the domestic market or the performance of domestic products can not meet the needs before December 31, 2015.
According to the notice of the Ministry of Finance and the State Administration of Taxation on the exemption of government funds from small and micro enterprises (fiscal 2014 [122]), and the reply of the general office of the Ministry of Finance on the three administrative charges related to the avoidance of small and micro enterprises' port fees and other related issues (fiscal tax [2015] 14), it is clear that the cost of invoicing, government funds and port fees for small and micro enterprises should be exempted.
2012] 25, the Ministry of Finance and the State Administration of Taxation on the small and small enterprises preferential tax policies (fiscal 34 [2015]) and the State Administration of Taxation on the implementation of the implementation of the expansion of small and medium-sized enterprises to reduce the scope of corporate income tax issues (State Taxation Administration announcement No. seventeenth in 2015), etc., stipulates that small and medium-sized enterprises credit guarantee agencies before the relevant reserve tax deduction; financial enterprises loans related to agriculture and SME loans loss reserve before tax deduction; from January 1, 2015 to December 31, 2017, the annual taxable income is less than 200 thousand yuan (including 200 thousand yuan) small profit enterprises, their income is reduced to 50%, the taxable income, according to the 20% tax rate to pay corporate income tax. According to the notice of the Ministry of Finance and the State Administration of Taxation on the policy of pre tax deduction for enterprise income tax on the provision of small and medium-sized enterprises' credit guarantee institutions (Finance and taxation [
Notice of the Ministry of finance, the State Administration of Taxation and the China Securities Regulatory Commission on the implementation of the relevant issues concerning the dividend policy dividend differential policy of the National SME share pfer system (fiscal 2014 [48]) clearly states that individuals hold shares in the listed company share pfer system of the small and medium enterprises in China, and the shareholding period is less than 1 months (inclusive). The dividend income is fully accounted for in the taxable income. If the holding period is between 1 months to 1 years (inclusive), the taxable income shall be temporarily reduced to 50% according to 50%; if the holding period is over 1 years, the tax deduction shall be reduced to 25% on the basis of taxable income. "If the period of holding shares exceeds 1 years, the amount of taxable income will be reduced by 50%."
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