Tax planning must be based on the future development direction of enterprises. It is necessary to see whether this management model is suitable for the company's own development from the perspective of management, and then whether this model supports the company's business model from the perspective of taxation, and then carry out tax planning on this basis. So it's not just planning for planning's sake. So from the perspective of taxation, we don't just look at a country or a company, but at the whole group. Some strategies may not be cost-effective from the perspective of the company, but they are beneficial from the perspective of the group.
In the past, enterprises paid more attention to tax declaration and tax planning. But now you need to make a plan before making a deal and making a decision, because after making a decision and signing a contract, many facts can't be changed, which may lead to the company paying more taxes. So now more and more CFOs realize that before making tax planning and framework, the tax department should also participate, communicate with them in time, listen to their opinions, and avoid unnecessary tax waste.
Moreover, more and more enterprises begin to recruit tax managers one after another to know the knowledge of tax policies, control tax risks for enterprises from a macro perspective, and truly proceed from the overall situation and seek maximum benefits for the long-term development of the group through tax planning.
How do different types of enterprises carry out tax planning?
Enterprises with different organizational forms have different characteristics in taxation. Investors who choose different organizational forms will also have different investment returns, which will affect the overall tax revenue and profitability of enterprises. Therefore, when an enterprise is established, it is necessary to make some positive plans in the choice of organizational forms.
Our country implements different tax regulations for companies and partnerships. The state levies corporate tax on the company's operating profits, and the after-tax profits are distributed to investors as dividends, and individual investors also need to pay personal income tax in one lump sum. Partnership enterprises, however, do not pay corporate tax on their operating profits, but only levy personal income tax on the profits shared by partners.
Regardless of its main factors, as far as partnership enterprises and joint-stock companies are concerned, partnership enterprises are superior to joint-stock companies, because partnership enterprises only levy personal income tax once, while joint-stock companies have to levy corporate income tax again; If we comprehensively consider the existence of many factors such as the tax base, tax rate and preferential policies of enterprises, the joint stock limited company also has advantages, because the national tax preferential policies are generally only applicable to joint stock limited companies.
Secondly, when calculating the overall after-tax income of the two types of enterprises, we should not only look at the nominal tax rate, but also look at the overall tax rate. Because the "integration" measures of joint stock limited companies are generally better than those of partnerships, "integration" means eliminating overlapping taxes, and some taxes will be eliminated.
Third, if there are both domestic residents and overseas residents among the partners, there will be cross-border taxation of partnership enterprises, and the taxation will be different due to different nationalities. In general, large enterprises should choose joint-stock companies, and small enterprises should adopt partnership enterprises.
At this time, if enterprises want to operate across regions, the usual practice is to set up subsidiaries in other regions, that is, to set up subsidiaries or branches. Legally speaking, a subsidiary belongs to an independent legal person, but a branch does not. The differences between them are as follows: First, the establishment procedures are different. In other places, there are many procedures to set up independent accounting subsidiaries, and the establishment procedures are complicated and the start-up expenses are also large, while the procedures for setting up branches are relatively simple and the expenses are relatively small.
In addition, accounting and tax payment have different forms. Subsidiaries are independent accounting and independent tax returns, which are preferred by local tax authorities, while subsidiaries are not independent legal persons. The head office accounts for profits and losses and pays taxes uniformly. If there is a profit or loss, the branch and the head office can offset each other before paying the income tax.
Of course, tax incentives are different. Subsidiaries bear all tax obligations, and branches only bear limited tax obligations. The subsidiary is an independent legal person and can enjoy various preferential policies such as tax exemption period and preferential policies; As non-independent legal persons, branches cannot enjoy these preferential policies. For example, China's preferential policies such as "two exemptions and three reductions" and "preferential tax rate" for foreign-invested enterprises can only be applied to independent legal person enterprises.
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