1. There are two restrictions on loans by related parties: one is principal constraint (standard debt-to-asset ratio); the other is interest rate constraint (cannot exceed the loan interest rate of similar financial institutions during the same period). The debt-to-earnings ratio formula is used under the conditions of principal constraints.
2. If an enterprise can provide relevant information in accordance with the relevant provisions of the Tax Law and its Implementation Regulations and prove that the relevant transaction activities comply with the principle of independent trading ; or if the actual tax burden of the enterprise is not higher than that of the domestic related party, the actual interest expense paid to the domestic related party will be deducted when calculating the taxable income of . If the associated loan meets the above conditions, it is not subject to principal. On the contrary, if the related loan does not meet the above conditions, it will be subject to the principal.
Example 1: Enterprise A borrows 10 million yuan from domestic affiliated company B, with a term of one year, an annual interest rate of 8%, and an annual interest rate of 6% for the same period of financial institutions. Company A can provide information to prove that it complies with the principle of independent transactions, and the loan is not subject to principal. However, the actual annual interest rate exceeds the annual interest rate of financial institutions for the same period and is still subject to interest rates.
cannot deduct interest = 1000* (0.08-0.06) = 200,000 yuan
3. Under the conditions restricted by the principal, the principal is subject to the standard debt ratio. The standard debt-to-asset ratio of general enterprises is 2, and the part beyond the standard debt-to-asset ratio cannot be deducted.
Example 2: Enterprise A borrows 10 million yuan from domestic affiliated company B, with a term of one year, annual interest rate, financial institutions have an annual interest rate of 6% during the same period. Equity investment of 10 million yuan. Enterprise A cannot provide information to prove that it complies with the principle of independent transactions, and the actual tax burden is higher than that of related parties. This loan is subject to principal constraints. The actual debt-to-asset ratio is 1, which does not exceed the standard debt-to-asset ratio 2, and the actual interest rate does not exceed the annual interest rate of the financial institution for the same period. The loan interest can be deducted.
Example 3: Enterprise A borrows 10 million yuan from domestic affiliated company B, with a term of one year, annual interest rate, financial institutions have an annual interest rate of 6% during the same period. Equity investment of 2 million yuan. Enterprise A cannot provide information to prove that it complies with the principle of independent transactions, and the actual tax burden is higher than that of related parties. This loan is subject to principal constraints. The actual debt-to-asset ratio is 5, and the excess debt-to-asset ratio is 2, and the excess part cannot be deducted.
shall not deduct interest expenses = all related parties actually paid in the year × (1-standard ratio ÷ related debt ratio) = 60* (1-2/5) = 360,000
can deduct interest = 60-36=240,000
can also be calculated in this way and interest can be deducted = 200*2*0.06=240,000 yuan, and the calculation results are consistent.
4. If the principal of the associated loan exceeds the standard debt ratio and the actual interest rate exceeds the annual interest rate of the financial institution for the same period, it will be subject to the dual constraints of principal and interest rates.
Example 4: Enterprise A borrows 10 million yuan from domestic affiliated company B, with a term of one year, an annual interest rate of 8%, and an annual interest rate of 6% for the same period of financial institutions. Equity investment of 2 million yuan. Enterprise A cannot provide information to prove that it complies with the principle of independent transactions, and the actual tax burden is higher than that of related parties. This loan is subject to principal constraints. The actual debt-to-asset ratio is 5, which exceeds the standard debt-to-asset ratio 2, and the part that exceeds the principal cannot be deducted. The actual annual interest rate exceeds the annual interest rate of financial institutions for the same period cannot be deducted.
The first step is to calculate the part that cannot be deducted if it exceeds the interest rate: 1000* (0.08-0.06) = 200,000 yuan
The second step is to calculate the part that cannot be deducted if it exceeds the standard principal (because the part that exceeds the interest rate has been calculated, here the loan interest rate of the financial institution for the same period): 1000*0.06* (1-2/5) = 360,000 yuan
The total part that cannot be deducted if it exceeds the interest rate is = 560,000 yuan
can be deducted if it exceeds the standard principal (because the part that exceeds the interest rate has been calculated, and the interest rate can be deducted if it is used for the same period): 1000*0.06=240,000 yuan
can also be calculated in this way. The calculation results are consistent.
