Tax Related Terms And Case Analysis Of Income Tax Payment Time

In the tax law of our country, business tax, value-added tax, consumption tax and enterprise income tax all have certain duty time. When enterprises declare tax, they must pay tax in full and timely according to the time of tax payment stipulated by the tax law. If they fail to pay taxes according to the time of tax payment stipulated by the tax law, they will be characterized as delayed payment of taxes in the future, and the serious ones may be sentenced by the people's court to delay payment of taxes.

(1) confirmation time of accounting income

"Enterprise Accounting Standards No. fourteenth - Revenue Application guide" four, sales commodity revenue recognition conditions of the specific application "Regulations: the sale of goods need to be installed and tested, the purchaser should not confirm the income before delivery and installation and inspection.

If the installation procedure is relatively simple or the inspection is necessary for the final determination of the contract or agreement price, the revenue can be recognized when the goods are issued.

1. Confirmation time of accounting income

"Enterprise Accounting Standards No. fourteenth - Revenue Application guide", "four, the specific application conditions for the sale of commodity revenue" stipulates: the sale of goods need to be installed and tested, and the income should not be recognized until the buyer accepts delivery and installation and inspection.

If the installation procedure is relatively simple or the inspection is necessary for the final determination of the contract or agreement price, the revenue can be recognized when the goods are issued.

2. Confirmation time of taxable income in tax law

The document No. [2008]875 of the state tax document stipulates that: when the enterprise sells goods at the same time to satisfy the following conditions, it shall recognize the realization of income:

First, the commodity sales contract has been signed. The enterprise has pferred the main risks and rewards related to the ownership of the goods to the buyer.

Second, enterprises do not retain the right to continue management which is usually associated with ownership of goods sold, nor do they implement effective control.

Third, the amount of revenue can be reliably measured; the cost of the seller that has occurred or will happen can be reliably accounted for.

At the same time, the state tax document No. [2008]875 also stipulates that enterprises selling goods need to be installed and tested. In the case of having the above income recognition conditions, the revenue shall be recognized according to the following provisions: when the purchaser accepts the commodity and the income is confirmed after installation and inspection.

If the installation procedure is relatively simple, the revenue can be recognized when the goods are issued.

The specific tax payment time for enterprise income tax is summarized as follows:

(1) enterprise income tax payment time of interest income

Article eighteenth of the regulations on the implementation of the enterprise income tax law of the People's Republic of China (No. 512 of the State Council of the People's Republic of China) stipulates: "interest income shall be recognized according to the date of the debtor's interest payable under the contract."

(2) enterprise income tax payment time of rental income

The regulation on the implementation of the enterprise income tax law of the People's Republic of China (No. 512 of the State Council of the People's Republic of China, nineteenth) stipulates: "the rental income referred to in item sixth (six) of the enterprise income tax law" refers to the income that the enterprise obtains from the use right of fixed assets, packaging or other tangible assets.

Rental income shall be recognized according to the date of the lease payable by the lessee under the contract.

(3) enterprise income tax payment time of royalty income

The regulations on the implementation of the enterprise income tax law of the People's Republic of China (512 Decree No. twentieth of the State Council of the People's Republic of China) stipulate: "the royalty income referred to in item sixth (seven) of the enterprise income tax law" refers to the income that the enterprise obtains from the right to use patent, non patented technology, trademark right, copyright and other concession.

The royalty income shall be recognized according to the date when the concession user agrees to pay the royalties.

(4) the confirmation time of dividends and dividends earned by the enterprise's equity investment.

The fourth Circular of the State Administration of Taxation on the implementation of certain tax issues in the enterprise income tax law (the tax Letter No. [2010]79) stipulates: "the income from dividends and dividends of the enterprise's equity investment shall be determined by the date of the profit distribution or stock pfer decision made by the shareholders' meeting or shareholders' meeting of the invested enterprise to determine the realization of the income."

(5) enterprise income tax payment time for sales of goods by installment receivables

The regulation on the implementation of the enterprise income tax law of the People's Republic of China (No. 512 of the State Council of the People's Republic of China, twenty-third) stipulates: "the following production and operation businesses of the enterprise can confirm the realization of revenue in stages.

First, the sale of goods by installment shall be confirmed according to the date of collection.

Implementation;

Two, enterprises are entrusted with the processing and manufacturing of large mechanical equipment, ships, aircraft, and construction, installation, assembly engineering business or other labor services, etc., which last for more than 12 months, and according to the completion date of tax year or the amount of work completed, the revenue is recognized.

(6) confirmation of the time for tax payment of corporate income tax on income from debt restructuring

The second circular of the State Administration of Taxation on the implementation of certain tax issues in the enterprise income tax law (National Tax Letter No. [2010]79) stipulates: "the debt restructuring of enterprises should confirm the realization of revenue when the debt restructuring contract or agreement comes into force."

(7) the confirmation of the duty time of enterprise income tax on the pfer of shares.

The third circular of the State Administration of Taxation on the implementation of certain tax issues in the enterprise income tax law (the tax Letter No. [2010]79) stipulates: "the pfer of equity income by enterprises shall be confirmed when the pfer agreement comes into force and the procedures for the change of stock rights are completed.

The pfer of equity income is deducted from the cost incurred in obtaining the equity interest and proceeds from the pfer of shares.

When calculating the proceeds from the pfer of shares, an enterprise may not deduct the amount that may be allocated according to the share interest retained in the retained earnings of the invested enterprise.

(8) confirmation of the time for tax payment of enterprise income tax arising from the pfer of non monetary assets.

[2014] 116, second, stipulates: "when investing in foreign assets with non monetary assets, enterprises shall confirm the realization of the pfer of non monetary assets when the investment agreement comes into force and the registration procedures for stock rights are taken."

For example, suppose that B enterprises have non monetary assets, and the effective date of the foreign investment agreement is October 30, 2014.

If an investment enterprise handles the registration of shares (business change) date is December 1, 2014, then the realization time of B enterprise's non monetary assets pfer income is December 1, 2014. If the enterprise chooses to calculate the taxable income in the corresponding year according to the 5 year period, the 2014 will be regarded as the first year of the "5 year period", and the latter four years will be 2015, 2016, 2017 and 2017 respectively.

If an investment enterprise handles the registration of shares (the industrial and commercial alteration) date is February 1, 2015, that is to say, the realization time of B enterprise's non monetary assets pfer income is February 1, 2015. If the enterprise chooses to calculate the taxable income in the corresponding year according to the 5 year period, the 2014 will not be regarded as the "5 year period". In 2015, it will be regarded as the first year of the "5 year period", and the latter four years are 2016, 2017, 2017, and.

The second paragraph of the second article of fiscal and tax [2015]41 No. 1 stipulates: "when an individual is investing in non monetary assets, he shall confirm the realization of the proceeds from the pfer of non monetary assets when he pfers the shares of the non monetary assets and obtains the shares of the invested enterprises".

Fiscal and taxation [2015]41 No. third provides that "individuals should declare tax to the competent tax authorities within 15 days of the above-mentioned taxable activities."

Based on the above provisions, the time points for individuals and enterprises to invest in non monetary assets are the same.

That is to say, when the investment agreement comes into effect and the registration procedures are registered, the realization of non monetary assets pfer income is confirmed.

For example, A individuals and B individuals signed investment agreements and articles of association in April 1, 2015, and A invested 200 thousand of their shares in patent technology (the original value was 50 thousand, assuming no other taxes and fees). B invested 800 thousand cash, and two accounted for 20% and 80% of the shares of the company established respectively.

The articles of association agree that the contributions of A and B shall be paid within 1 years after the establishment of a company.

A company was registered in May 10, 2015.

In November 10, 2015, A changed its patent to the name of a company, and the company also fulfilled its obligation to invest 800 thousand cash on the same day.

For the natural person A, the time point for confirming the pfer income of non monetary assets should be May 10, 2015, that is, the tax authorities should declare the tax payment within June 15, 2015.

[case analysis: income confirmation time of a company's direct receipts and sales business]

(1) introduction of the case

In November 3, 2014, the company sold a machine tool to C enterprise, with a selling price of 500 thousand yuan.

ACC machinery has issued special invoices for value-added tax, and delivered the delivery order to C enterprises. C enterprises have issued commercial acceptance bills, commercial draft for a period of 3 months, and the expiration date is February 3, 2015.

As the venue for installing the new equipment in the workshop of C enterprise has not yet been determined, the machine tool is required to pick up the product again in January 20, 2015.

The actual cost of the machine is 350 thousand yuan.

(2) the confirmation time of taxable income.

Because the ownership of the business has been pferred, the relevant income has already received or obtained evidence of the collection. Therefore, the company should declare the VAT in November 2014. At the same time, it should confirm the income and carry over costs, and declare and pay enterprise income tax. That is to say, the main business revenue is 500 thousand yuan, and the cost of the main business is 350 thousand yuan.

[case analysis 2: income confirmation time of an enterprise's installment sales business]

(1) introduction of the case

In January 5, 2015, ACC machinery sold to a large equipment of D enterprise, with a selling price of 2 million yuan.

According to the contract, D enterprises pay 20% of the goods in January 5th, and the rest are paid four times on average, payable in June 30th and December 31st each year.

The equipment has been issued and the D enterprise has been accepted.

The actual cost of the equipment is 1 million 200 thousand yuan.

(2) the confirmation time of taxable income.

In accordance with the provisions of the tax law and accounting standards, the business revenue shall be confirmed by installments in accordance with the provisions of the tax law and accounting standards.

According to the contract, D enterprises paid 60% of the loans in January 5th, June 30th and December 31st respectively. Therefore, in the 2015 January 5th, June 30th and January 5th, the ACC machinery company declared the value added tax output tax of 200 x 60% x 17%=20.4 (10000 yuan), and declared the enterprise income tax separately, namely, 2015, the main business income of 200 x 60%=120 (10000 yuan), and the main business cost =120 * 60%=78 (10000 yuan).

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