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How to deduct the interest expenses incurred by the enterprise investors when calculating the taxable income?

2021-08-10

Q: how to deduct the interest expenses incurred by the enterprise investors when calculating the taxable income?


A: according to the reply of the State Administration of Taxation on the deduction of interest expenses before income tax due to the investment of enterprise investors not in place (GSH [2009] No. 312), "as for the deduction of interest expenses incurred by enterprises due to investors' investment not in place, according to the implementation regulations of the enterprise income tax law of the people's Republic of ChinaArticle 27 stipulates that if an enterprise investor fails to pay in full the amount of capital due within the prescribed time limit, the interest incurred by the enterprise on external loans shall be equal to the interest payable on the difference between the investor's paid in capital and the amount of capital payable within the prescribed period, The expenses that are not reasonable expenses of the enterprise shall be borne by the enterprise investors and shall not be deducted when calculating the taxable income of the enterprise.


The specific calculation of non deductible interest shall be based on the period during which the paid in capital and loan balance of the enterprise remain unchanged in a year. The non deductible interest on loan in each calculation period shall be calculated by multiplying the amount of interest on loan in the period multiplied by the proportion of the enterprise's unpaid registered capital in the total amount of loans, The formula is as follows:

The loan interest that can not be deducted in each calculation period of the enterprise is the loan interest amount of the period×The amount of registered capital not paid in full during the period × the amount of loans during the period


The total amount of loan interest that an enterprise may not deduct in a year shall be the sum of the amount of loan interest that cannot be deducted in each calculation period of that year. "



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