According to the provisions of the tax law, future profits can make up for the losses of the previous year.
Therefore, China needs to reduce the income tax of foreign enterprises by about 30 billion yuan every year.
Undoubtedly, on the stage of capital, not only foreign companies have the task or need of tax avoidance, but also the financial managers of small and medium-sized enterprises are struggling to dance in the heavy mission of "how to pay taxes reasonably".
For entrepreneurs who are not strong in capital and strength, the following questions often plague elite business decision-makers: how to use relevant tax policies to reasonably reduce the operating pressure of enterprises? How to legally evade tax supervision and use the funds reserved by enterprises to expand reproduction? At present, the tax system in China is controversial.
Due to the high nominal tax rate, the burden on enterprises is heavy; Due to the low level of tax collection and management, enterprises tend to evade taxes and fees seriously, and reports of some enterprises and individuals violating tax supervision are constantly seen in major media.
From the domestic situation, enterprises complain a lot about China's high tax rate tax policy, and some people in the industry are also controversial about it.
Therefore, how to "reduce the burden on yourself" as safely and legally as possible has become the knowledge of enterprises.
Legal tax avoidance means that taxpayers take appropriate measures to evade their tax obligations and reduce tax expenditures on the premise of respecting tax laws and paying taxes according to law.
Reasonable tax avoidance is not tax evasion, but a normal and legal activity; Reasonable tax avoidance is not only a matter for the financial department, but also needs the cooperation of many departments such as market and commerce, starting from many links such as contract signing and payment.
Tax avoidance refers to the flexible use of different tax rates and tax payment methods stipulated in the current tax law on the premise of observing the tax law and paying taxes according to law, so that more profits created by enterprises can be legally retained by enterprises.
Like a defense lawyer in court, protect the legitimate rights and interests of the parties to the maximum extent within the scope prescribed by law.
Tax avoidance is legal and an economic right that enterprises should have.
It must be emphasized that legal tax evasion is qualitatively different from tax evasion, tax evasion and fraud.
According to its characteristics and contents, tax avoidance can be divided into three forms: domestic tax avoidance, international tax avoidance and tax burden transfer.
We will mainly introduce some commonly used tax avoidance methods in China for small and medium-sized entrepreneurs.
From a practical point of view, domestic tax avoidance means that enterprises evade domestic tax obligations through various methods, ways and means.
Starting from more realistic conditions, bosses and financial managers of enterprises need to solve different problems.
Reasonable tax avoidance: How the boss avoids tax is no longer a topic suitable for private communication.
Now many business owners are communicating how to avoid taxes, and successful experiences are imitated by others.
The Tenth National People's Congress has just ended, and issues such as tax policy, tax supervision and tax rate level have been repeatedly mentioned by delegates.
From the point of view of business operation.
If you can be a management decision-maker, this operation is more suitable for you from the perspective of enterprise development strategy.
China implements preferential tax policies for foreign-invested enterprises, so it is a good way to get more tax reduction, exemption or tax deferral from domestic-funded enterprises to Sino-foreign joint ventures and cooperative enterprises.
Registered as a "tax haven oasis", all production, management, service-oriented enterprises and enterprises engaged in high-tech development established in the old urban areas of cities where special economic zones, coastal economic development zones, special economic zones and economic and technological development zones are located, as well as high-tech industrial zones and bonded zones recognized by the state can enjoy a greater degree of tax concessions.
Small and medium-sized enterprises can choose the above-mentioned specific areas to engage in investment, production and operation when choosing investment locations, so as to enjoy more tax benefits (see the article "Pushing Open the Door of Offshore Oasis" for the content of this section).
Entry into special industries is tax-free, such as service industries: childcare services provided by nurseries, kindergartens, nursing homes and welfare institutions for the disabled are exempt from business tax.
Marriage introduction and funeral services are exempt from business tax.
Medical services provided by hospitals, clinics and other medical institutions are exempt from business tax.
Private welfare enterprises with "four disabled persons" account for more than 35% of the production staff of the enterprise, and their business (except advertising) within the scope of business tax "service industry" shall be exempted from business tax.
Personal services provided by disabled people are exempt from business tax.
Enterprises can increase the extraction rate of bad debt reserves, and the bad debt reserves are included in the management expenses, thus reducing the profits of the current year and paying less income tax.
Enterprises can try to shorten the depreciation period, so that the depreciation amount will increase, the profit will decrease and the income tax will be paid less.
In addition, using different depreciation methods, the amount of depreciation accrued is very different, which will eventually affect the income tax.
Private owners of small and medium-sized enterprises who use but do not "charge" should consider how to share the cost of water, electricity and fuel in their operations, and whether the living expenses, transportation expenses and miscellaneous expenses of their families are included in the product cost.
In today's business world, this project is often used.
They put the cost of buying a house and a car, and even the cost of children going to kindergarten on the company's business projects.
This kind of treatment is not allowed by national policy. Although this method is not uncommon in today's business circles, we do not advocate it here.
Reasonable improvement of employee welfare In the process of production and operation, private owners of small and medium-sized enterprises can consider appropriately raising employees' wages within the scope of taxable wages, providing medical insurance for employees, establishing employee pension funds, unemployment insurance funds and employee education funds, and developing enterprise property insurance and transportation insurance.
These expenses can be included in the cost, and at the same time, they can help private owners mobilize the enthusiasm of employees, reduce tax burden, reduce business risks and welfare burden.
Enterprises can win good comprehensive benefits at a lower cost.
Do a good job of "sales settlement", choose different sales settlement methods, and postpone the time of revenue recognition.
Enterprises should postpone the time of revenue recognition as far as possible according to their own actual conditions.
For example, an electrical appliance sales company sold air conditioners 10000 units that month, with a total revenue of about 25 million. According to the output tax 17%, it is necessary to pay more than 4.25 million yuan in tax, but the company will immediately deduct the tax bill for next month.
Due to the time value of money, delaying tax payment will bring unexpected tax saving effect to enterprises.
Reasonable tax avoidance: There are many common tax avoidance methods that the chief financial officer can do, but generally nothing more than: using national tax preferential policies, transfer pricing method, cost calculation method, financing method and leasing method.
With the promulgation and implementation of the new tax law, the power of tax reduction and exemption will revert to the State Council to avoid excessive tax reduction and exemption.
At the same time, the tax law stipulates various preferential tax policies in the form of law, such as: high-tech enterprises in high-tech development zones collect income tax at a reduced rate of 15%; Newly established high-tech enterprises shall be exempted from income tax for 2 years from the year of production; Enterprises with "three wastes" as the main raw materials can reduce or exempt income tax within five years; Enterprises and institutions engaged in technology transfer and related consulting, services, training, etc. whose annual net income is less than 300,000 yuan are temporarily exempted from income tax, and so on.
Enterprises should strengthen the research on preferential policies in this area, and strive to make enterprises enjoy various preferential tax policies through income adjustment, avoid taxes to the maximum extent and strengthen their strength.
At the same time, economic development zones have sprung up all over the country, and the conditions they provide for attracting investment are very attractive. Most of them attract capital, technology and talents by reducing or exempting corporate income tax and various expenses for several years.
If your enterprise is a high-tech industry or an encouraging industry, such preferential conditions will certainly become one of the priority factors for enterprises to avoid tax.
Pricing transfer pricing method is one of the basic methods for enterprises to avoid tax. Refers to the method of pricing products according to the same interests among enterprises in order to share profits or transfer profits in economic activities, rather than according to fair market prices.
The transfer price of products using this pricing method can be higher or lower than the fair market price, so as to achieve the purpose of paying less tax or not paying tax.
The tax avoidance principle of transfer pricing is generally applicable to affiliated enterprises with different tax rates.
Through transfer pricing, part of the profits of high-tax enterprises are transferred to low-tax enterprises, and the total tax payment of the two enterprises is finally reduced.
Due to reasons that cannot be made public, some enterprises and companies we come into contact with are anonymous for tax evasion.
Company A is headquartered in the coastal special economic zone and enjoys the preferential income tax rate of 15%.
The production of their products is completed by Company A's Company B located in China, and Company B applies the proportional tax rate of 33%.
Company A buys 6,543,800 pieces of products from Company B every year and sells them abroad. The purchase price is 6.8 yuan per tablet, and the price is 8.3 yuan per tablet.
Obviously, the production cost of this product is 5.2 yuan/piece, so the profits and tax payable of these two companies are very obvious: A company's annual profit = (8.3-6.8) ×100 =150 (ten thousand yuan); Income tax payable by Company A = 150 × 15% = 22.5 (ten thousand yuan); income tax payable by Company B = 160× 33% = 52.8 (ten thousand yuan). Total income tax paid by Company A and Company B = 22.5+52.8 = 75.3 (ten thousand yuan). For the purpose of tax avoidance, part of the profits of Company B with high tax rate can be transferred to Company A. ..
We already know that the unit price of products purchased by Company A from Company B is 6 yuan, but they are still sold in 8.3 yuan. Then: the annual profit of Company A = (8.3-6.0) × 100 = 230 (ten thousand yuan), the income tax payable by Company A = 230 × 15% = 34.5 (ten thousand yuan), and the annual profit of Company B = (6.0-5.2) × 650. Income tax = 34.5+26.4 = 60.9 (ten thousand yuan). Before and after the profits of companies A and B increased, the total annual profits of the two companies were:150+160 = 365,438+ten thousand yuan; The total profit after profit increase is: 230+80 = 3 10 (ten thousand yuan).
Before and after the profit transfer, the total profits of the two companies were still equal, but after the transfer pricing was adopted, the income tax payable by the two companies decreased by 75.3-60.9 = 654.38+0.44 million yuan.
As long as enterprises can find two regions with higher tax rates and carry out trade cooperation between the two enterprises, the greater the trade volume, the more taxes they can save.
Costs incurred by a cost-sharing enterprise in its production and operation shall be amortized according to certain methods.
Cost allocation means that enterprises try to find a balance from the accounts under the premise of ensuring the necessary expenses, so that the expenses can be spread into the costs as much as possible, so as to achieve maximum tax avoidance.
Commonly used cost allocation principles generally include actual cost allocation, average amortization and irregular amortization.
As long as the depreciation calculation method is carefully analyzed, the general law can be summarized: no matter which allocation method is adopted, as long as the cost is amortized into the cost as soon as possible, the greater the cost amortized in the early stage, the more tax avoidance can be realized to the maximum extent.
As for which distribution method can best help enterprises achieve the purpose of tax avoidance, it needs to be calculated, analyzed and compared according to the expected time and amount of expenses, and finally determined.
The principle of tax avoidance through nominal financing is to use certain financing technology to make enterprises reach the highest profit level and the lightest and lowest tax burden level.
Generally speaking, there are three main channels for enterprises to need funds for production and operation: 1, self-accumulation: 2. borrowing (lending to financial institutions or issuing bonds); 3. issue stocks.
Self-accumulated dividend is the profit after tax distribution of enterprises, and issuing dividend payable is also a way of profit distribution after tax. Neither of them can deduct the income tax payable in the current period, thus failing to achieve the purpose of tax avoidance.
The interest expense of the loan is deducted from the pre-tax profit, which can offset the profit and eventually avoid tax.
Asset leasing refers to an economic behavior in which the lessor leases the assets to the lessee for use within the time limit stipulated in the contract or contract on the condition of collecting rent.
From the lessee's point of view, leasing can avoid the burden of purchasing machinery and equipment and the risk of outdated equipment. Since the rent is deducted from the pre-tax profit, it can offset the profit and realize tax avoidance.
The above methods are just some of the methods and skills we have learned from our contact with corporate financial personnel.
We believe that in the business world, there must be smarter ways to avoid taxes.
But in any case, we must remind everyone that tax avoidance must be legal and reasonable, otherwise it will deviate from the original intention and intention of this article! From beginning to end, we have been emphasizing the "legitimacy" of tax evasion.
After the 16th National Congress of the Communist Party of China and the 10th National People's Congress were successfully held, the horn of accelerating the development of small and medium-sized enterprises has sounded.
At present, the operating conditions of many small and medium-sized enterprises are not easy.
How can small and medium-sized enterprises achieve strong innovation ability and economic vitality? Legal tax avoidance may be a feasible way.