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Can loss making enterprises enjoy the preferential income tax policy for small low profit enterprises?

2021-06-28

Can loss making enterprises enjoy the preferential income tax policy for small low profit enterprises?

The enterprise income tax imposes tax on the "net income" of the enterprise, and only the profit-making enterprise will have the tax liability.Therefore, the preferential income tax policies for small and low profit enterprises, whether the tax rate reduction policy or the tax reduction policy by half, are aimed at profitable enterprises. For small low profit enterprises with losses, there is no need to pay enterprise income tax in the current period, and the losses can be made up in the subsequent tax years.



For those who enjoy preferential tax policies according to the IC production project, when will the preferential period be calculated?

According to the announcement of the Ministry of finance, the State Administration of Taxation, the development and Reform Commission, the Ministry of industry and information technology on promoting the high-quality development of integrated circuit industry and software industry (Announcement No. 45, 2020) of the Ministry of finance, State Administration of Taxation, development and Reform Commission, Ministry of industry and information technology of the Ministry of finance, the State Administration of Taxation of the people's Republic of China stipulates that "for those who enjoy preferential tax policies according to the production projects of integrated circuits, the preferential period shall be It is calculated from the tax year in which the production and operation income of the project is obtained, IC production projects need to be accounted and calculated separately, and the period cost should be reasonably shared.


If the partner of a partnership is a legal person or other organization, can the loss of the partnership be used to offset its profit when paying the enterprise income tax?

According to the notice of the Ministry of Finance and the State Administration of Taxation on the income tax of partnership partners (CS [2008] No. 159), "v. if the partner of the partnership is a legal person or other organization, when calculating the income tax paid by the partner, The losses of the partnership shall not be used to offset its profits.


When enterprises declare the quarterly corporate income tax in 2021, it is found that there are additional deduction options in the statements, but they can not be filled in. Can I ask if the quarterly prepayment can enjoy the additional deduction of R & D expenses?

According to the announcement of the Ministry of Finance and the State Administration of Taxation on further improving the pre Tax Deduction Policy for R & D expenses (Announcement No. 3, 2021) 2. When enterprises pay the enterprise income tax in the third quarter (quarterly prepayment) or September (monthly prepayment) of the year of declaration, they can enjoy the preferential policy of additional deduction for R & D expenses in the first half of that year,"Self judgment, declaration and enjoyment, and retention of relevant data for future reference" shall be adopted.


Eligible enterprises can calculate the amount of additional deduction by themselves, fill in the "monthly (quarterly) prepayment tax return form of the people's Republic of China for enterprise income tax (Class A)", and fill in the "detailed statement of R & D expenses plus deduction" (a107012) according to the R & D expenses enjoying the preferential additional deduction (the first half of the year)《The detailed list of R & D expenses plus deduction (a107012) shall be kept together with other materials stipulated in relevant policies for future reference.


Enterprises that do not choose to enjoy the preferential policy of additional deduction of R & D expenses in the third quarter or September, It can be enjoyed in the next year when the final settlement is handled.



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