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哪些固定资产不得计提折旧在企业所得税税前扣除?
蓝色柳林财税室· 2025-09-22 00:57
Core Viewpoint - The article discusses various expenditures that are not deductible from corporate income tax according to the Corporate Income Tax Law of the People's Republic of China, providing clarity on specific categories of non-deductible expenses [5][19]. Group 1: Non-Deductible Expenditures - According to Article 10 of the Corporate Income Tax Law, the following expenditures are not deductible when calculating taxable income: dividends and bonuses paid to investors, corporate income tax, tax penalties, fines, losses from confiscated property, donations outside specified regulations, sponsorship expenses, unapproved reserve expenditures, and other expenses unrelated to income generation [5]. - Sponsorship expenditures are defined as various non-advertising expenses unrelated to production and business activities [5]. - Unapproved reserve expenditures refer to those that do not meet the criteria set by the State Council's financial and tax authorities regarding asset impairment and risk reserves [5]. Group 2: R&D Expense Deduction Principles - The principle for determining which R&D expenses are not eligible for additional deductions is outlined in the 2015 notice from the Ministry of Finance, State Administration of Taxation, and Ministry of Science and Technology [7]. - Companies whose main business falls under specified industries and whose R&D expenses exceed 50% of their total income (after excluding non-taxable income and investment income) are not eligible for additional deductions [7]. - Activities that do not qualify for tax deductions include routine upgrades of products/services, direct application of research results, technical support for customers post-commercialization, simple changes to existing products or processes, market research, routine quality control, and research in social sciences or humanities [8][9][10][11][12][13]. Group 3: Small and Micro Enterprises Tax Benefits - Small and micro enterprises with an annual taxable income not exceeding 1 million yuan can benefit from a reduced taxable income calculation of 25%, with a corporate income tax rate of 20% [16]. - The definition of small and micro enterprises includes those not engaged in restricted or prohibited industries, with annual taxable income not exceeding 3 million yuan, fewer than 300 employees, and total assets not exceeding 50 million yuan [16][17]. - The policy for small and micro enterprises is effective from January 1, 2023, to December 31, 2024, with an extension of the reduced tax rate until December 31, 2027 [17]. Group 4: Inter-Company Charges - Payments of rent and royalties between internal business units are not deductible according to the Corporate Income Tax Law Implementation Regulations [19].
【涨知识】企业所得税汇算清缴热点问答
蓝色柳林财税室· 2025-05-24 01:37
Core Viewpoint - The article provides guidance on common tax-related questions for businesses, particularly focusing on corporate income tax filing and deductions for research and development expenses. Group 1: Corporate Income Tax Filing - Taxpayers must complete the corporate income tax reconciliation for the year 2024 between January 1 and May 31, 2025 [1] - The State Administration of Taxation has revised the corporate income tax annual declaration form, indicating that losses should be filled in with a "−" sign [7] Group 2: Research and Development Expenses - Electronic cigarette manufacturing companies are classified under the tobacco manufacturing industry and are not eligible for the R&D expense deduction policy [2][3] - Expenses incurred from creative design activities aimed at innovative products can be deducted as R&D expenses, provided they meet specific criteria [4] - Companies must differentiate between R&D activities and creative design activities to avoid double benefits from the R&D expense deduction [5] Group 3: Asset Impairment Losses - The amounts reported for "asset impairment losses" in the main declaration form and the tax adjustment project table must match, except for financial enterprises [6] Group 4: Tax Exemptions for Agriculture - Income from agricultural, forestry, animal husbandry, and fishery projects can be exempted or reduced from corporate income tax, and specific reporting requirements must be followed [8] Group 5: Tax Treatment of Financial Funds - Fiscal funds that qualify as non-taxable income must be included in taxable income after five years if not spent or returned [17] Group 6: Equipment Deduction Policy - New equipment and tools purchased by companies can be fully deducted in the current period if their unit value does not exceed 5 million yuan, without considering the estimated net residual value [18] Group 7: Dividend Income from Partnerships - Dividend income from partnerships and foreign enterprises does not qualify for tax exemption under the corporate income tax law [19][26]