Journalism

From the perspective of software enterprises, have you enjoyed these preferential tax policies?

2021-01-25

 

Software is the soul of information technology, the shield of network security, the path of economic transformation and the foundation of digital society. Software industry is becoming the "leader" of digital economy development with its powerful technological innovation.In order to promote the further development of the industry, the state has issued a series of preferential tax policies.Xiaobian has arranged it for you. Thank you for taking it away.

Enterprise income tax preference

01 preferential policy of two exemptions and three half reductions

Announcement of the Ministry of finance, State Administration of Taxation, development and Reform Commission, Ministry of industry and information technology on promoting high quality development of integrated circuit industry and software industryAnnouncement No. 45, 2020 of the Ministry of industry and information technology stipulates that enterprises and software enterprises encouraged by the state to design, equip, material, package and test integrated circuits and software enterprises shall be exempted from enterprise income tax from the first year to the second year, and shall be subject to enterprise income tax at the statutory tax rate of 25% from the third to the fifth year.

The conditions for IC design, equipment, materials, packaging, testing enterprises and software enterprises encouraged by the State shall be formulated by the Ministry of industry and information technology in conjunction with the national development and Reform Commission, the Ministry of finance, the State Administration of Taxation and other relevant departments.

02 tax reduction and exemption policies for key IC design enterprises and software enterprises

Announcement of the Ministry of finance, State Administration of Taxation, development and Reform Commission, Ministry of industry and information technology on promoting high quality development of integrated circuit industry and software industryAnnouncement No. 45, 2020 of the Ministry of industry and information technology of the national development and Reform Commission stipulates that key integrated circuit design enterprises and software enterprises encouraged by the State shall be exempted from enterprise income tax from the first year to the fifth year from the profit-making year, and the enterprise income tax shall be levied at the rate of 10% in the successive years.(the list of key IC design enterprises and software enterprises encouraged by the State shall be formulated by the national development and Reform Commission, the Ministry of industry and information technology and relevant departments.)

03 preferential tax reduction and exemption policy for small and micro enterprises

If the annual taxable income of small low profit enterprises does not exceed 1 million yuan, 25% of the taxable income will be included in the taxable income, and the enterprise income tax will be paid at the tax rate of 20% (the actual tax burden is 5%);

If the annual taxable income exceeds 1 million yuan but does not exceed 3 million yuan, 50% of the taxable income shall be included in the taxable income, and the enterprise income tax shall be paid at the rate of 20% (the actual tax burden is 10%).

04 15% preferential tax rate for high tech Enterprises

Some opinions of the State Council on accelerating the development of science and technology service industry (GF [2014] No. 49) have clear opinions, improve the management measures for the identification of high-tech enterprises, and levy enterprise income tax at a reduced tax rate of 15% for science and technology service enterprises recognized as high-tech enterprises.

05 additional deduction of R & D expenses

According to the notice of the Ministry of finance, the State Administration of Taxation and the Ministry of science and technology on increasing the pre tax deduction ratio of R & D expenses (CS [2018] No. 99), if the R & D expenses actually incurred in the R & D activities are not included in the current profits and losses, they shall be deducted according to the regulations and the actual amount from January 1, 2018 to December 31, 202075% of the amount of income is added and deducted before tax; if intangible assets are formed, they shall be amortized before tax according to 175% of the cost of intangible assets during the above-mentioned period.

06 staff training fee is deducted according to the actual situation

Article 6 of the notice of the Ministry of Finance and the State Administration of Taxation on Further Encouraging the development of software industry and integrated circuit industry (CS [2012] No. 27) stipulates that the staff training expenses of integrated circuit design enterprises and qualified software enterprises shall be separately accounted and deducted in the calculation of taxable income according to the actual amount.

07 Tax Exemption / reduction of technology transfer income

Qualified technology transfer: if the transfer income is less than 5 million yuan, the enterprise income tax shall be exempted; if the transfer income exceeds 5 million yuan, the enterprise income tax shall be reduced by half.According to the regulations for the implementation of the enterprise income tax law of the people's Republic of China (Order No. 512 of the State Council of the people's Republic of China), from January 1, 2008, the part of qualified technology transfer income of resident enterprises not exceeding 5 million yuan shall be exempted from enterprise income tax; the part exceeding 5 million yuan shall be subject to enterprise income tax by half.

08 immediate collection and refund of value-added tax for software product R & D and expansion of reproduction enterprise income tax policy

According to the notice of the Ministry of Finance and the State Administration of Taxation on the value added tax policy of software products (CS [2011] No. 100), the eligible software enterprises can be regarded as non taxable income and deducted from the total income when calculating the taxable income.At the same time, according to the regulations for the implementation of the enterprise income tax law, the expenses generated by the above-mentioned non taxable income used for expenditure shall not be deducted in the calculation of the taxable income; the depreciation and amortization of the assets formed by the expenses shall not be deducted in the calculation of the taxable income.

VAT preference

01 preferential tax reduction and exemption policy for small scale taxpayers

Notice of the State Administration of Taxation of the Ministry of Finance on the implementation of the preferential tax reduction and exemption policy for small and micro enterprises (CS [2019] No. 13) exempts small-scale VAT taxpayers with monthly sales of less than 100000 yuan (inclusive).

02. Vat of software products of general taxpayers will be collected and refunded immediately

According to the notice of the Ministry of Finance and the State Administration of Taxation on the value-added tax policies for software products (CS [2011] No. 100), for general VAT taxpayers who sell self-developed and produced software products, the VAT will be collected at a rate of 17% (16% from May 1, 2018 to 13% from April 1, 2019), and the part with actual VAT burden exceeding 3% shall be subject to the policy of immediate collection and refund.General VAT taxpayers sell the imported software products after localized transformation, and the software products sold can enjoy the above-mentioned VAT immediate levy and refund policy.

Note: in case of any subsequent policy changes, please refer to the latest policies and regulations.


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