Situation 1 Today, Xiao Liu, the cashier of the Finance Department, received a paper highway toll invoice that was reimbursed by the business staff. The cashier Xiao Liu asked me, can the paper highway toll invoice still be used to deduct value-added tax? Answer: It has expired a

Situation 1

Today, Xiao Liu, the cashier of the Finance Department, received a paper highway toll invoice that was reimbursed by the business staff. Cashier Xiao Liu asked me, can the paper highway toll invoice still be used to deduct value-added tax?

replied:

has expired and the VAT can no longer be deducted. Paper invoices for highway tolls after July 1, 2018 cannot be used as deduction vouchers.

Reference:

According to the provisions of Article 7 of the "Notice of the Ministry of Finance and the State Administration of Taxation on Value-Added Tax Policies Concerning Input Tax Deductions for Rented Fixed Assets" (Finance and Taxation [2017] No. 90), road tolls paid by taxpayers shall be charged as charged The VAT amount indicated on the electronic general VAT invoice for highway tolls shall be deducted from the input VAT amount. From January 1 to June 30, 2018, taxpayers paying highway tolls, if they are unable to obtain ordinary electronic VAT invoices for toll highway tolls, can submit the toll invoices (excluding fiscal bills) obtained. The stated charge amount is used to calculate the deductible input tax.

Situation 2

Today, Xiao Liu, the cashier of the Finance Department, received the invoice for the field training expenses incurred in 2015 from the business staff. The cashier Xiao Liu asked me, can the invoice for the field training expenses incurred in 2015 be deducted before corporate income tax?

reply:

has expired and cannot be deducted before corporate income tax. More than 5 years ago.

Reference:

According to the provisions of the "Announcement of the State Administration of Taxation on Certain Tax Treatment Issues on Taxable Income of Enterprises" (Announcement No. 15 of the State Administration of Taxation, 2012) "6. Regarding taxes on expenditures that should have been withheld but not withheld in previous years. "Problem Handling": According to the relevant provisions of the "Tax Collection Administration Law of the People's Republic of China", if the enterprise discovers that the expenditures that actually occurred in previous years and should be deducted before corporate income tax according to tax regulations were not deducted or were underdeducted, the enterprise shall make a special declaration After explanation, is allowed to retroactively calculate the deduction to the year when the item occurs, but the retroactive confirmation period shall not exceed 5 years.

Scenario three

Today, Xiao Liu, the cashier of the Finance Department, received an invoice from the business staff for the expenses for continuing education expenses for professional and technical personnel’s professional qualifications that occurred in 2019 (certificates obtained in 2019). The cashier Xiao Liu asked me, what happened in 2019 Can invoices for continuing education expenses for professional and technical personnel still enjoy the fixed deduction of 3,600 yuan in the 2020 personal tax settlement?

reply:

has expired, and you can no longer enjoy the 3,600 yuan fixed deduction in the 2020 personal tax settlement.

Reference:

"Interim Measures for Special Additional Deductions for Personal Income Tax" (Guofa [2018] No. 41) Chapter 3 Continuing Education

Article 8 Taxpayers' expenditures on continuing education for academic qualifications (degrees) in China shall not be included in the academic qualifications (degrees) ) During the education period, a fixed amount of 400 yuan per month will be deducted. The deduction period for continuing education for the same academic qualification (degree) cannot exceed 48 months. Taxpayers’ expenditures on continuing education for skilled personnel’s vocational qualifications and continuing education for professional and technical personnel’s vocational qualifications shall be deducted at a fixed amount of 3,600 yuan in the year in which the relevant certificates are obtained.

Article 9 If an individual receives continuing education with a bachelor’s degree or below and meets the deduction conditions stipulated in these measures, he or she may choose to have the deduction deducted by his parents or himself.

Article 10 Taxpayers who accept continuing education for professional qualifications of skilled personnel or continuing education for professional and technical personnel shall retain relevant certificates and other materials for future reference.

Scenario 4

Today, the company encountered a local tax audit. The tax officers discovered that the company’s 1 million yuan in problematic invoices recorded in November 2019 did not have a tax increase in the final settlement that year, and formally informed the company in a document, requiring the company to However, the company did not reissue or reissue invoices worth 1 million yuan within the stipulated time. If the company reissues or reissues invoices worth 1 million yuan in the future, what should I do? Can pre-tax deductions be allowed in 2019?

reply:

has expired and cannot be deducted before the 2019 corporate income tax. It's been more than 60 days.

Reference:

Article 13 of the "Measures for the Administration of Pre-tax Deduction Vouchers for Enterprise Income Tax" (State Administration of Taxation Announcement No. 28 of 2018) stipulates that if an enterprise should obtain but fails to obtain an invoice, if the expenditure is genuine and has actually occurred, it shall Before the end of the annual settlement and settlement period, require the other party to reissue or replace invoices and other external vouchers. Reissued or replaced invoices and other external vouchers that meet the regulations can be used as pre-tax deduction vouchers.

Article 15 stipulates that after the settlement and payment period, if the tax authorities discover that the enterprise should have obtained an invoice but failed to obtain it and notify the enterprise,the enterprise shall issue or replace an invoice that meets the regulations within 60 days from the date of being notified. Other external credentials.

Situation 5

Xiao Liu from the Finance Department asked me today that fixed assets with a unit value of no more than 5 million yuan can be deducted once before tax in the year following the month when they are put into use. If a unit purchases new equipment worth 1 million yuan in September 2020 and does not put it into use until December, can it still be allowed to be deducted before tax in 2020?

reply:

has expired and cannot be deducted before the 2020 corporate income tax. It can only be deducted in 2021.

If the equipment is put into use in November, it can be deducted before the 2020 corporate income tax.

Reference 1:

"Announcement of the State Administration of Taxation on Issues Concerning the Implementation of Corporate Income Tax Policy on Deduction of Equipment and Equipment" (State Administration of Taxation Announcement No. 46, 2018) :

If the unit value of newly purchased equipment and appliances by an enterprise between January 1, 2018 and December 31, 2020 does not exceed 5 million yuan, it is allowed to be included in the cost of the current period in one go when calculating taxable income. Deduction, depreciation will no longer be calculated annually (hereinafter referred to as the one-time pre-tax deduction policy).

1. Fixed assets will be deducted one-time before tax in the year following the month they are put into use.

Reference 2:

"Announcement of the Ministry of Finance and the State Administration of Taxation on Extending the Implementation Period of Some Preferential Tax Policies" Article 1 of the Ministry of Finance and the State Administration of Taxation's Announcement No. 6 of 2021 stipulates: "The Announcement of the Ministry of Finance and the State Administration of Taxation on the Corporate Income Tax Policy on Equipment Deductions" Notice" (Finance and Taxation [2018] No. 54) and other 16 documents. If the tax preferential policies have expired, the implementation period will be extended to December 31, 2023.

Scenario 6

Xiao Liu from the Finance Department asked me today that shareholder Mr. Wang borrowed 1 million yuan from the company but was not used for operations. It was not returned at the end of 2020 and was only returned in September 2021. Could you please tell me about the 1 million yuan that was not returned at the end of 2020. Is there still a 20% personal income tax risk?

replied:

exists. Since the return time has exceeded the end of the year, it has expired.

If it is returned before December 31, 2020, there will be no 20% personal income tax risk for that year.

Reference:

Article 2 of the Notice of the Ministry of Finance and the State Administration of Taxation on Regulating the Collection and Administration of Personal Income Tax from Individual Investors (Caishui [2003] No. 158):

Individual investors shall receive from their investment enterprises (sole proprietorships, sole proprietorships, sole proprietorships, If the borrowings (excluding partnerships) are neither repaid nor used for the production and operation of the enterprise after the end of the tax year, the unrepaid borrowings may be regarded as dividend distributions by the enterprise to individual investors, and shall be treated in accordance with the provisions of "Interest, Dividends, Bonus Income" "The project is subject to personal income tax.

Scenario 7

Today Xiao Liu from the Finance Department asked me, what is the longest time for an enterprise to apply for a deferral of tax payment due to special reasons? Will there be a late payment fee once the specified extension period is exceeded?

Reply:

Yes. The maximum period for deferring tax payment is three months. During this period, there are no late payment fees. Once the specified extension period is exceeded, there will be late payment fees.

Reference:

Article 31 of the "Tax Collection and Administration Law of the People's Republic of China" stipulates:

Taxpayers and withholding agents shall pay or pay in accordance with the provisions of laws and administrative regulations or the time limit determined by the tax authorities in accordance with the provisions of laws and administrative regulations. Pay taxes. If taxpayers are unable to pay taxes on time due to special difficulties, they may defer tax payment with the approval of the provincial, autonomous region, or municipality's State Taxation Bureau or local taxation bureau, but the maximum period shall not exceed three months.

Article 32 stipulates: “If a taxpayer fails to pay taxes within the prescribed time limit, and if a withholding agent fails to pay taxes within the prescribed time limit, the tax authorities, in addition to ordering payment within a time limit, shall, from the date of overdue tax payment, A late payment fee of 0.5% of the late payment of tax will be charged per day. Calculation formula: late payment fee = late payment of tax × 0.5‰ × number of days of late payment

Author: Hao Shouyong