Assets Loss Declaration Can Be Deducted Before Tax.

Case brief: Recently, Nanjing tax officials found that a company pferred its shareholding stake in 2012, resulting in an investment loss of 325 thousand and 700 yuan.

In the period of settlement of enterprise income tax, the company did not carry out the pre tax deduction (special) declaration of enterprise assets loss, but carried out.

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The tax personnel carried out policy propaganda to the enterprises, increased the taxable income in the current period according to law, and imposed a fine of 5000 yuan on the behavior of the enterprise.

Tax analysis: according to the notice issued by the State Administration of Taxation on the administration of pre tax deduction of enterprise assets loss income tax (fifth of the twenty-fifth announcement of the State Administration of Taxation 2011)

The loss of assets in an enterprise shall be deducted before the tax according to the prescribed procedures and requirements.

Undeclared losses shall not be deducted before tax.

According to the eighth provision, the assets loss of enterprises is divided into two forms: declaration list and special declaration according to the contents and requirements of their declaration.

Among them, the loss of assets belonging to the list declaration can be carried out according to accounting subjects.

To summarize, and then submit the summary list to the tax authorities, keep the accounting information and tax data for reference, and the assets loss that belongs to the special declaration, the enterprise shall submit the application report one by one (or by one piece), accompanied by the accounting information and other related tax information.

Therefore, the reasonable loss occurred in the course of disposal and pfer of assets, and the loss that the enterprise has not actually disposed of or pferred the relevant assets, but is calculated according to the prescribed conditions, should be declared to the competent tax authorities and provide corresponding information.

Otherwise, it is not allowed to be deducted before tax.

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The thirteenth provision of the regulations on the implementation of the personal income tax law stipulates that subsidies and allowances issued in accordance with the uniform provisions of the state in the fourth articles and third items of the tax law refer to the government special allowance, academician allowance, senior academician allowance, and other allowances and allowances granted by the state Council for the exemption of personal income tax according to the provisions of the State Council.

The fourteenth provision stipulates that the fourth welfare items mentioned in the fourth tax laws refer to the subsistence allowance paid to individuals by the welfare provisions or trade union funds retained by enterprises, public institutions, state organs and social organizations according to the relevant regulations of the state.

The Circular of the State Administration of Taxation on the determination of the scope of life subsidies is stipulated in the fourteenth of the regulations on the implementation of the law on the implementation of the People's Republic of China personal income tax, which is stipulated in article fourteenth of the regulations on the implementation of the personal income tax law of the people's Republic of China (1998), and the personal allowance paid to individuals from the welfare or trade union funds shall be as follows:

1. The above mentioned life subsidy refers to some difficulties that cause certain difficulties to the taxpayers or their families due to certain specific events or causes, and the temporary life hardship allowance paid by their working units to the welfare funds or trade union funds which they have retained according to the state regulations.

Two, the following income does not belong to the scope of welfare tax exemption, should be incorporated into the taxpayer's salary and salary income to collect personal income tax: (1) the welfare benefits from the proportion or base of the state regulations, the various subsidies and subsidies paid to the individual in the trade union funds; (two) everyone's allowance and subsidy paid to the employees of the unit from the welfare and trade union funds; and (three) the purchase of cars, houses, computers, etc. by the unit for individuals who do not belong to the temporary life hardship subsidies.

According to the above provisions, every person's holiday allowance paid by the enterprise through the labor union funds does not belong to the tax-free subsidy or welfare cost stipulated in the personal income tax law, and shall be incorporated into the wages and Salaries Income of the workers that are paid in the same month, and the personal income tax shall be withheld.