Pre Tax Deduction Does Not Require Six Types Of Formal Invoice.

The eighth provision of the enterprise income tax law of the People's Republic of China stipulates that the actual expenses related to the acquisition of income, including costs, expenses, taxes, losses and other expenses, shall be deducted from the calculation of taxable income.

And whether the deductions of enterprise income tax must be invoices? This controversy has always plagued tax and business sides. Invoices seem to be the only magic weapon for the pre tax deduction of enterprise income tax, but the actual situation may not be the case.

And the tax law does not stipulate that the income tax deduction items must be formally invoiced.

A reasonable wage and payroll expenditure for an enterprise refers to the remuneration paid by an enterprise to all employees in the form of cash or non cash in every tax year, including basic wages, bonuses, allowances, allowances, year-end pay increases, overtime wages, and other expenses related to the employee's employment or employment.

Taxpayers should formulate a more standardized system of staff salaries and salaries, define the scope of wages and salaries and correctly collect them.

The "reasonable wages and salaries" as referred to in the thirty-fourth section of the regulations on the implementation of the enterprise income tax law refers to the actual wages and salaries paid to the employees according to the wage and salary system formulated by the shareholders' meeting, the board of directors, the remuneration committee or the relevant management organizations.

The basis of payroll deduction is: (1) standardized wage and salary system; (2) payroll; (3) payment of social security; (4) personal tax details; (5) labor contract.

The basic social insurance premium and housing accumulation fund paid by the enterprise in accordance with the scope and standards prescribed by the competent department of the State Council or the provincial people's government for workers, such as basic old-age insurance premiums, basic medical insurance premiums, unemployment insurance premiums, work-related injury insurance premiums and maternity insurance premiums, shall be deducted.

The supplementary pension insurance premium and supplementary medical insurance premium paid by an enterprise for investors or employees shall be deducted within the scope and standards stipulated by the competent department of Finance and taxation under the State Council.

The trade union funds appropriated by enterprises shall not be more than 2% of the gross salary.

The deductions for social security expenses and trade union funds are as follows: (1) social security payment vouchers; (2) special receipts for trade union funds income; (3) the evidence of labor union funds issued by the Inland Revenue Department.

The enterprise income tax law stipulates that the expenses of staff and workers' welfare expenses that do not exceed 14% of the gross salary will be deducted.

In actual work, the welfare cost paid by enterprises in cash, such as the payment of workers' subsidies (such as the only child allowance), relief fees, settling expenses, funeral expenses, pensions, visiting relatives fees, and living allowance for workers, is not required by the standard.

What we need to remind is that we should get legal invoices to purchase physical assets belonging to the range of employee benefits.

Property loss refers to the loss of assets, inventory losses, damage, scrapping, loss of property, loss of bad debts, natural disasters and other losses caused by enterprises in production and operation activities, such as loss of inventory, loss of stocks, mildew and cash theft.

The losses arising from an enterprise shall be deducted in accordance with the provisions of the competent department of Finance and taxation under the State Council.

(1) loss of credits, such as accounts receivable, other receivables and prepaid accounts, shall provide relevant evidence, such as the bank deposit statement, the court judgment, the bankruptcy liquidation of the other party, the cancellation of the business license by the business sector, the proof of the death of the debtor by the relevant departments of the public security organ and other relevant evidence.

(2) inventory scrap and loss loss should provide the basis for determining the tax cost of the inventory, and the internal business contract relating to the scrapping, damage, deterioration, residual value description and verification of the inventory, and the relevant economic acts, involving the compensation of the responsible person, should be explained in the case of compensation. If the amount of the loss is relatively large, there should be a professional technical appraisal opinion or a special report issued by the intermediary agency.

(3) the loss and loss of fixed assets should be provided with relevant data on the basis of tax basis for fixed assets. The information on the identification and verification of internal liabilities of enterprises should be provided, and the appraisal materials issued by the relevant departments within the enterprise, involving the liability for compensation, should be illustrated with the description of compensation. If the cause of damage or discarding of fixed assets is caused by force majeure, such as a large amount of loss or natural calamity, there should be professional technical appraisal opinions or special reports issued by intermediaries with statutory qualifications.

(4) the loss of investment should provide evidential materials for the assessment of the equity investment, including the bankruptcy notice and bankruptcy documents of the invested enterprise, the cancellation and cancellation of the business license document of the invested enterprise, the decision of the relevant government departments on the administrative disposal of the invested entity, the legal documents or other supporting documents of the investment enterprise terminating the business and stopping the paction, and the investment company's assets disposal plan, paction and accounting material, the legal representative, the principal person in charge and the financial person in charge, certifying the relevant written evidence of the investment (interests) loss, the accounting data and other related evidential materials.

It is important to note that in September 23, 2012, the State Council issued the "decision on the Sixth Batch of abolition and adjustment of administrative examination and approval items", and abolished and adjusted a total of 314 items of administrative examination and approval, and the approval of the enterprise to deduct property losses before paying the income tax was included.

That is to say, enterprises do not need to report to the Inland Revenue Department for examination and approval when they deal with the relevant treatment before deduction of property losses.

The liquidated damages paid by taxpayers in accordance with the provisions of the economic contract (including bank penalties) may be deducted from fines and litigation costs.

The deduction is based on: (1) court judgment or conciliation statement; (2) the ruling of the arbitration agency; (3) the agreement signed by the two sides for the provision of taxable goods or taxable services; (4) the indemnity agreement signed between the two parties; (5) the invoice or receipt issued by the receiver.

It needs to be reminded that taxpayers' production and operation are in violation of national laws, regulations and rules, and fines imposed by relevant departments and losses of confiscated property shall not be deducted, and the late fees, fines and fines for all taxes shall not be deducted.

The pre tax deduction for depreciation of fixed assets should distinguish the following situations:

(1) the recipient shall receive the donated real estate as the taxable income of the current period.

The sixth provision of the enterprise income tax law stipulates that the income earned by enterprises from various sources in monetary and non monetary means includes income from donations.

The twenty-first provision of the regulations on the implementation of the enterprise income tax law stipulates that the acceptance of donated income by the sixth item and eighth item of the enterprise income tax law refers to the monetary assets and non monetary assets that enterprises receive from other enterprises, organizations or individuals without compensation.

Accept the donation income and confirm the realization of the income according to the date of the actual receipt of the donated assets.

On the confirmation of the taxable price, the enterprise accepts the donated non monetary assets, and recognizes the income according to the fair value of the assets donated at the time of donation, and incorporates them into the taxable income of the current period, and calculates depreciation according to the provisions.

(2) a fixed asset that has reached a predetermined usage state but has not yet completed final accounts, shall determine its cost according to the estimated value and calculate depreciation; after the final accounts are completed, the original provisional assessment value will be adjusted according to the actual cost, but the old depreciation amount should not be adjusted.

(3) the fixed assets that have not been completed and settled but have been put into use should be depreciated according to the provisional valuation value.

(4) the fixed assets of inventory surplus are based on the full value of the replacement of similar fixed assets.

(5) the fixed assets that are pferred into investment shall be the tax basis based on the fair value of the asset and the related taxes and fees paid.

When preparing depreciation of fixed assets, the enterprise can perform account processing according to the above five requirements, without obtaining relevant invoices.

All the involved labor activities occur outside the country, and there is no need to pay business tax and corporate income tax in China. Therefore, no formal invoice is required.

The enterprise can rely on the bills issued by overseas enterprises, and the foreign exchange certificates and contracts provided by the foreign exchange administration for pre tax deduction.

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