How To Pay For The Previous Year'S Fine And Late Payment?

Is the sum of the fine or late fee paid in the previous year's tax included in the "profit and loss adjustment" of the previous year, or the "non business expenses" subject to the current tax payment?

Answer: according to the following regulations, the fine and late fee of the previous year's tax should be paid back to the current "extra operating expenses" subject:

"The implementation of the accounting standards for listed companies" (2010 issue 1, total fourth issue) question 1.: how should a listed company pay the tax of the previous year according to the tax law, or bear or pay the tax and the corresponding fine or late fee instead of the principal shareholder or the actual controller of the listed company? How should we conduct accounting treatment?

Answer:

The income tax and other taxes and fees shall be accounted for according to the provisions of the enterprise accounting standards.

If a listed company needs to pay the previous tax in accordance with the tax law, if it belongs to the previous mistake, it should comply with the accounting standards for Enterprises No. twenty-eighth - accounting policy.

To adjust the relevant items of the accounting statements of the previous year, otherwise, it should be included in the current profits and losses of the tax payment.

The fine and late fee due to the payment of tax shall be included in the profits and losses of the current period.

For the principal shareholder or the actual controller.

The tax paid or undertaken by a listed company shall be included in the owner's rights and interests.

Related links:

The notice on the pilot policy of pre tax deduction for staff education funds (fiscal 2013 [14]) and the notice of the Ministry of Finance and the State Administration of Taxation on the pilot policy for pre tax deduction of employees' education funds and individual income tax on equity awards in the Suzhou Industrial Park (fiscal 95 [2013]) have stipulated that the education expenditure of workers in Zhongguancun, East Lake, Zhang Jiang, three national independent innovation demonstration areas and the Hefei Wuhu independent innovation comprehensive test area (hereinafter referred to as the pilot area) and the high-tech enterprises in Suzhou Industrial Park will not exceed the 8% of the gross salary, and are allowed to be deducted when calculating the taxable income of the enterprise income tax; the excess part is allowed to be deducted in the next tax year. The Ministry of Finance and the State Administration of Taxation on Zhongguancun, East Lake, Zhang Jiang national independent innovation demonstration zone and Hefei Wuhu independent innovation comprehensive experimental zone.

A few days ago, the Ministry of Finance and the State Administration of Taxation on the policy of pre tax deduction for staff and workers in high and new technology enterprises (fiscal 2015 [63]) extended the scope to all high-tech enterprises and implemented since January 1, 2015.

After that, the pre tax deduction of staff education funds will be divided into three cases. Taxpayers should distinguish them in practical operation.

The first case.

In general, the expenses of staff education expenditure that are not exceeding 2.5% of the total wages and salaries will be deducted, and the excess part will be deducted in the next tax year.

Second cases.

High and new technology enterprises and advanced technology service enterprises.

1. the expenditure of staff and workers in education of new and high technology enterprises, which is not more than 8% of the total wages and salaries, is allowed to be deducted when calculating the taxable income of enterprise income tax. The excess part is allowed to be deducted in the next tax year.

2. according to the Circular of the Ministry of Finance and the State Administration of Taxation of the Ministry of Commerce, the Ministry of Commerce and the Ministry of science and technology of the Ministry of Commerce and the State Development and Reform Commission on the issue of enterprise income tax policies concerning advanced technology service enterprises (fiscal 65 [No. 2010]), the expenses of staff education funds that have been recognized by the advanced technology oriented service enterprises, which do not exceed 8% of the total wage and salaries, are allowed to be deducted when calculating the taxable income amount; the excess part is allowed to be deducted in the subsequent tax year.

Third cases (staff training fee).

1. according to the notice on Further Encouraging the software industry and the integrated circuit industry to develop the enterprise income tax policy (fiscal 27 [2012]), the employees' training costs of integrated circuit design enterprises and qualified software enterprises are fully deducted before tax.

2. according to the "notice on tax policies supporting the development of animation industry" (fiscal 65 [2009]), the cost of training for animation enterprises is fully deducted before tax deduction.

3. nuclear power plant operator training fee.

According to the notice issued by the State Administration of Taxation on certain issues concerning the taxable income of enterprise income tax (No. twenty-ninth of the State Administration of Taxation Announcement No. 2014), the cost of training for nuclear power plant operators by nuclear power generation enterprises can be deducted as the cost of electricity generation before taxes.

4. aviation enterprise training fee.

According to the notice issued by the State Administration of Taxation on certain issues concerning enterprise income tax (No. thirty-fourth of the State Administration of Taxation announcement 2011), aircrew training expenses, flight training fees, crew training fees, air defense training costs and other air training costs actually occurred in aviation enterprises, according to the twenty-seventh provision of the implementing regulations, they can be used as deductions for the pportation cost of aviation enterprises before taxes.