cooperative enterprise, during the cooperation period, the other party gives us the equipment that has been fully discounted and has no net residual value in the book. How will the accounting and tax treatment be done?
Prospect: Company A and Company B cooperate to jointly operate a testing service office. Company B borrows money from Company A to start the business. During the operation period, the profits will be shared with Company A in proportion. Among them: Company B borrowed 2 million from Company A for the upfront cost of office decoration, 300,000 to purchase office equipment and testing equipment, and Company A lent five pieces of equipment that had been depreciated and had no residual value in the book (can be used normally) to B Company use. Now that the cooperation period has expired, Company B will return the 2.3 million yuan it borrowed in the early stage to Company A and divide it into 500,000 yuan. Company A does not want the five pieces of equipment that have been discounted and have no residual value to be given to Company B. Now, what is the tax treatment for these five pieces of equipment? Answer by
:
This question involves the financial and tax treatment of both parties during the cooperation period and at the end of the cooperation.
1. Company A’s financial and tax treatment
(1) During the cooperation period
1. Value-added tax processing
(1) Company A provides funds, which is a capital lending service, and needs to pay value-added tax in accordance with "Financial Services-Loan Services", with a tax rate of 6 % (the collection rate for small-scale taxpayers is 3%).
(2) Company A provides five pieces of equipment for use by Company B. It provides movable property leasing services and should pay value-added tax in accordance with "Leasing Services-Operating Leasing Services" at a tax rate of 13% (the tax rate for small-scale taxpayers is 3%) .
(3) The time when the value-added tax payment obligation occurs
Article 45 of Annex 1 of Finance and Taxation (2016) No. 36 stipulates that “the time when the value-added tax payment obligation and withholding obligation occurs is:
(1) The day when the taxpayer engages in taxable activities and receives the sales payment or obtains the receipt for claiming the sales payment; if the invoice is issued first, it shall be the day when the invoice is issued.
The day when the taxpayer receives the sales payment, which refers to the taxpayer's sales of services, intangible assets, and real estate. in process or The payment is received after completion.
The day when the receipt of the sales payment is obtained refers to the payment date specified in the written contract; if no written contract is signed or the payment date is not specified in the written contract, it is the day when the transfer of services or intangible assets is completed or the ownership of the real estate is completed. The day of the change.. ...."
Therefore, if the contract clearly stipulates the payment time, you can declare taxes according to the time stipulated in the contract; if there is no stipulation in the contract, or the stipulated time is vague (such as "the end of the cooperation period", etc.), then in Tax returns are due the month the lease is offered.
(4) Determination of the sales price of leasing services
If the contract between the two parties does not stipulate the interest rate and equipment rental during the cooperation period, or only agrees on the proportion of sharing, in accordance with Finance and Taxation (2016) No. 36 Attachment 1, Article 40 Four provisions:
“Where a taxpayer engages in taxable behavior where the price is obviously too low or too high and does not have a reasonable commercial purpose, or Article 14 of these Measures occurs If there is no sales for the listed activities, the competent tax authorities have the right to determine the sales in the following order:
(1) According to the average price of similar services, intangible assets or real estate sold by the taxpayer in the recent period
(2) According to Determine based on the average price of similar services, intangible assets or real estate sold by other taxpayers in the most recent period.
(3) The taxable price is determined based on the formula of
. Taxable price = cost × [1 + cost profit rate]
Cost profit rate is determined by the State Administration of Taxation.
does not have a reasonable commercial purpose and refers to reduction, exemption, and promotion through artificial arrangements with the main purpose of seeking tax benefits. Late payment of VAT, or increased refund of VAT. ”
2. Treatment of corporate income tax
A The company provides funds and equipment, which also need to be treated as sales for corporate income tax purposes.
During the cooperation period, the treatment of corporate income tax is consistent with the treatment of value-added tax, so no further details will be given.
(2) Upon expiration of the cooperation period
1. Value-added tax
Receive a share of 500,000 yuan upon expiration of the cooperation period, which should be regarded as rental service income + equipment transfer income during the entire cooperation period.
For income from the transfer of equipment, the market price of similar second-hand equipment ( fair value ) should be referenced.
html The remaining portion of the 1.5 million yuan after deducting the market price of the equipment and the early rental service income should be treated as extra-price expenses of the leasing service, and also need to pay value-added tax. Since the tax rates for loan services and movable property leasing services are inconsistent, it is recommended to distribute them in proportion to their total income.
For the transfer of second-hand equipment, Company A needs to conduct VAT treatment according to the sale of used fixed assets, and many situations need to be distinguished:
(1) Simple tax calculation: you can enjoy a 3% tax reduction of 2%; if you want to issue a special tax For invoices, you can give up the 2% tax reduction and issue special invoices at 3%.
(2) General tax calculation: 13% tax on sales of goods.
2. Corporate income tax treatment
For the 500,000 yuan of shared income received, it also needs to be allocated between the early rental service income and equipment disposal income. The specific allocation can refer to the value-added tax treatment.
Among them, as income from equipment disposal, since the equipment has been depreciated in Company A and has no residual value in the book, it should all be taxed as " Profit and loss from asset disposal " and cannot be used as business entertainment expenses , advertising expenses and business promotion The calculation base for deduction of fees and other limits.
2. Company B’s financial and taxation treatment
(1) During the cooperation period
Although the signing of a sharing contract is, there is no equity relationship between the two parties, so it should be handled in accordance with capital lending and leasing services. This has been analyzed before and will not be repeated.
According to the provisions of Article 8 of the "Enterprise Income Tax Law", the actual and reasonable expenditures incurred by the enterprise related to the acquisition of income, including costs, fees, taxes, losses and other expenditures, are allowed to be included in the calculation of taxable income deduct.
According to the "Regulations on the Implementation of the Enterprise Income Tax Law", the taxable income of an enterprise is calculated based on the accrual basis. It belongs to the income and expenses of the current period. Regardless of whether the payment is received or paid, it will be regarded as the income and expenses of the current period; it does not belong to The income and expenses of the current period, even if the money has been received and paid in the current period, will not be regarded as the income and expenses of the current period.
At the same time, in accordance with Article 6 of the State Administration of Taxation Announcement No. 28 of 2018, enterprises should obtain a pre-tax deduction certificate before the end of the final settlement period stipulated in the Corporate Income Tax Law of the current year.
Therefore, Company B should recognize the amount that should be distributed to Company A as costs and expenses for the current period in the tax year during the cooperation period. However, because it did not actually pay and obtain invoices during the cooperation period, Company B shall not remit corporate income tax in the tax year during the cooperation period. When calculating and paying , you need to make a tax adjustment.
(2) The second-hand equipment accepted by
at the end of the cooperation should not be treated as a so-called "donation". It should be treated as a normal purchase. The other party should be required to provide a sales invoice as a deduction voucher for the value-added tax input tax and corporate income tax. Pre-tax deduction voucher. If
pays a share of 500,000 yuan, in addition to the aforementioned second-hand equipment purchase price, the remaining part should be used as capital loan services and movable property leasing services during the cooperation period. The other party should also be required to provide an invoice with the corresponding amount, so as to be used as corporate income tax. Before deducting the voucher, the movable property service department should also provide a special invoice as the input tax deduction voucher upon request.
Since there was no actual payment and no invoice received during the cooperation period, the costs and expenses confirmed during the cooperation period have been subject to tax increases. If the invoices are obtained in accordance with the law after the cooperation ends, retroactive deductions can be made in accordance with tax laws.
Policy basis: Article 17 of the State Administration of Taxation Announcement No. 28 of 2018 stipulates that, except for the circumstances specified in Article 15 of these Measures, the enterprise should have obtained invoices and other external vouchers in previous years but has not obtained them, and the corresponding expenditures are in If there is no pre-tax deduction in that year, if in subsequent years we obtain invoices or other external vouchers that meet the requirements or provide relevant information that can prove the authenticity of the expenditure in accordance with the provisions of Article 14 of these Measures, the corresponding expenditure can be made up to the year in which the expenditure occurred. Pre-tax deduction, but the catch-up period shall not exceed five years.
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