" Other Receivables " Subjects Need To Pay Attention To Tax Related Tax Risks.

In accordance with the relevant provisions of the current financial accounting system, the main contents of the accounts of other receivables are generally all kinds of receivables and temporary payments other than accounts receivable, bills receivable and prepaid accounts, which is an important part of all receivables for enterprises.

It includes the reserve fund, the payment of various pads, personal loans and so on, which should be paid to the employees, that is to say, enterprises should recover money other than sales and other business operations.

In the daily tax collection and management work, it is found that enterprises borrow money to individuals in many enterprises. For example, in order to improve the work and living conditions of employees, borrowing from individuals to buy houses or cars is also done by investors who borrow money from invested enterprises for other non investment enterprises. The occurrence of financial behaviors of these enterprises should be accounted for and reflected in other accounts receivable.

But practically speaking, many enterprises and financial personnel do not know clearly whether the "personal loan" involved in this subject involves tax issues. At the same time, in our daily tax collection and administration work, the tax authorities and their tax personnel pay much attention to this subject, whether they have decomposed income, thereby reducing the turnover tax and corporate income tax.

Is the "personal loan" recorded in the "other receivables" subject involved?

From the personal income tax alone, the current tax policy mainly consists of the following three documents:

1, the Ministry of Finance and the State Administration of Taxation on the regulation of individual investors' personal income tax collection and Administration ([2003]158) stipulates that individual investors should borrow from their investment enterprises (except individual proprietorship enterprises and partnership enterprises) in the tax year, and do not return them after the end of the "tax year", and do not apply to the production and operation of enterprises. The loans that are not returned can be regarded as dividends distribution of individual investors, and personal income tax is calculated according to the items of interest, dividends and bonuses.

2, the Circular of the State Administration of Taxation on Issuing the notice on the management of personal income tax ([2005]120) stipulates the collection and management of personal income tax for individual businesses, individual proprietorship enterprises and partnership investors and individuals who independently engage in labor activities: strengthening the management of individual investors borrowing from their investment enterprises, and levying taxes on the term "more than one year" and not being used for production and operation of enterprises, strictly in accordance with relevant regulations.

3. The reply issued by the Ministry of Finance and the State Administration of Taxation on the issue of personal income tax for personal purchase of houses or other property ([2008]83) has been approved by the Jiangsu provincial land tax bureau in the request for corporate capital to collect personal income tax for individual houses. It clearly stipulates that investors, investors, family members or other personnel of enterprises shall borrow money from enterprises to purchase houses and other properties, and register their ownership as investors, investors, family members or other personnel of enterprises.

At the same time, it is stipulated that the above income obtained by the individual investor or family member of a sole proprietorship enterprise or partnership shall be regarded as the profit distribution of the enterprise to individual investors, and the personal income tax shall be levied according to the item of "production and operation income of individual industrial and commercial households"; the above income obtained by individual investors or family members other than individual enterprises or partnership enterprises shall be regarded as the bonus distribution of individual investors, and the personal income tax shall be levied according to the items of interest, dividends and bonuses; and the personal income tax shall be calculated according to the above income obtained by other personnel of the enterprise in accordance with the items of "wages and salaries".

From the analysis of the specific provisions of the current tax policy, we can see:

First, we defined the scope of taxpayers.

That is to say, the individual investor of a sole proprietorship enterprise or the partner of a partnership or the loan of his family member to the invested enterprise; the three category of the loan from the individual investor or family member of the other enterprise to the invested enterprise; the employee who is employed or employed to borrow money from the employer or the employed enterprise; otherwise, it is not the scope of taxation.

That is to say, the personal tax of the "associated" personnel in the enterprise is not taxed.

Special attention should be paid to the taxation of the employees' loans to the employed and employed enterprises, which is also limited to borrowing for the purchase of houses and other properties, and the registration of ownership as employees' personal loans and the non repayment of loans after the end of the borrowing period.

The two is to clarify the specific provisions of tax collection and administration of three types of borrowers of different nature.

That is: the above income obtained by a sole proprietorship, individual investor or family member of a partnership is considered to be the distribution of profits for individual investors and the individual income tax in accordance with the "production and operation income of individual industrial and commercial households"; the above income obtained by individual investors except for individual sole proprietorship and other enterprises outside the partnership shall be regarded as the dividend distribution of the enterprise to individual investors and the individual income tax according to the item "interest, dividends and dividend income"; and the above income obtained by the other personnel of the enterprise shall be charged with the individual income tax in accordance with the "salary and salary income" project.

Three is right.

The time of occurrence has been clearly defined.

That is: the individual investor of a sole proprietorship enterprise or the individual investor of a partnership or his family member borrows for a term of "more than one year" and is not used for the production and operation of the enterprise; he shall borrow money from other investors, family members or other personnel of the enterprise other than the preceding provisions, and the loan shall not be returned after the "end of the year".

The four is to stipulate the precondition for levying loan behavior.

That is, the loan item is not used for the production and business operation of the enterprise.

Therefore, from the above tax policy requirements and analysis, enterprises

The loan to the "associated individuals" of the enterprise shall be paid in accordance with the law in accordance with the law, if the loan is not returned to the special consumption item or used in the production and business activities of the enterprise within the time stipulated by the tax policy or the individual who has borrowed money for special consumption items.

To be practical, in the course of our daily tax collection and administration, some enterprises often ignore the management regulations of the above tax policies and generate potential tax liability risks.

At the same time, individual tax authorities in the daily tax management work, there are not deep management, management is not in place, grasp the big and small behavior, and also easy to cause management responsibility risk, this should cause tax enterprises to attach great importance to.

Therefore, from the point of view of the competent tax authorities, in our daily tax collection, tax inspection or tax inspection work, in addition to strictly checking whether the accounts of enterprises' other receivables' accounts are decomposing revenue, reducing turnover tax and corporate income tax, we should also examine the issue of "personal loans" as a key tax related issue, thoroughly examine the total tax categories, and ensure that the various tax policies of the state are implemented in a comprehensive and accurate manner.

From the taxpayers' point of view, enterprises should actively clean up all accounting items in other accounts receivable before the end of the tax year, and classify and discriminate them. Every individual involved in borrowing should strictly comply with the tax conditions and requirements stipulated in the tax law, and actively comply with it. On the one hand, while actively explaining the tax policy to the borrowers, on the other hand, they should take some necessary business handling skills and properly conduct tax planning and treatment, so as to avoid unnecessary tax related risks to enterprises due to the long-term "no other receivables" subjects.

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