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The main business income is all the income of independent research and development of high-tech products, but it does not meet the requirements of high-tech declaration!What to do?

2021-03-26

Recently, the big Epic Financial Staff's adventures are playing out in every dark cubicle.At 1 a.m. yesterday, my friend Lao Zhang called to inquire about the issue of high-tech qualification certification


Lao Zhang's company is a technology-based company with several subsidiaries. The company is responsible for the R & D of the whole group company. The R & D results are authorized to the subsidiary companies in the form of royalties, and the subsidiaries provide technical services to end customers.The main business income of the company in 2019 is all technology transfer and technology service income, but when he applied for high-tech enterprise qualification in 2020, However, due to the fact that the "proportion of high-tech income" is not up to the standard, it has not been successfully declared.

one

case analysis


According to the provisions of the current high-tech policy, apply for high-tech enterprises and require enterprises   "The proportion of high-tech products (services) revenue in the total income of enterprises in the same period in the past year shall not be less than 60%".


"Recent year" refers to the year before the declaration, in this case, the year of 2019;


"High tech products (services)" refers to the technologies that play a core supporting role and fall within the scope of products (services) specified in the "high tech fields supported by the state". In this case, the core technology of the company's products (services) belongs to the "electronic information" field in the high-tech field, and the income type is technology transfer and technology service income, which meets the requirements.


The reason why the proportion of high-tech income of Lao Zhang's company fails to meet the standard lies in his understanding of "total revenue".


According to the guidelines for the administration of the recognition of high-tech enterprises, the total income refers to the total income minus the non taxable income. The total income and non taxable income shall be calculated in accordance with the enterprise income tax law of the people's Republic of China (hereinafter referred to as the enterprise income tax law) and the implementation regulations of the enterprise income tax law of the people's Republic of China (hereinafter referred to as the implementation regulations)

Article 6 of the enterprise income tax law stipulates that:

The total income of an enterprise derived from various sources in monetary and non monetary forms is the total income.include:

(1) Revenue from sales of goods;

(2) Income from providing labor services;

(3) Income from the transfer of property;

(4) Dividends, dividends and other equity investment income;

(5) Interest income;

(6) Rental income;

(7) Royalty income;

(8) Income from donations;

(9) Other income.


In 2019, although the main business income of Lao Zhang's company is high-tech product income, But as a parent company, it has high investment income, and "investment income" is a part of "total income", so it can not meet the requirement of more than 60%.

two

resolvent


Enterprises should make assessment as soon as possible and plan ahead of time.Lao Zhang's company can take the following two ways:


1、 Profits will not be distributed for the time being

"Investment income" refers to the income from foreign investment.According to the current accounting standards, As an investment company, Lao Zhang's company adopts the "cost method" to calculate the investment in its subsidiaries. That is, only when the subsidiary distributes profits to it, the company needs to include it in the "investment income". If the profit of the subsidiary is not distributed temporarily, the "total income" of the company will not increase due to the company's profit.


2、 Divide R & D into subsidiaries

After obtaining the high-tech qualification, enterprises can reduce the enterprise income tax by "10%", which is one of the reasons for enterprises to apply for high-tech qualification.According to the current overall layout of Lao Zhang's company, R & D is all concentrated in the company (parent company). After the R & D is completed, company B is authorized to use it. If each subsidiary does not have R & D, the subsidiary will not be qualified to apply for the qualification of high-tech enterprises.From the perspective of the group as a whole, the total income of each subsidiary is much higher than that of the parent company, If R & D is distributed to each subsidiary company separately to make each subsidiary have the preconditions for applying for high-tech qualification, if the subsidiary obtains high-tech qualification, the enterprise income tax burden of the whole group can be greatly reduced.


In this way, Lao Zhang's company as an investment company, its future income is all "investment income", although it can not apply for high-tech, but according to the enterprise income tax law and its implementation regulations, "investment income" can be exempted from enterprise income tax.

Policy basis:

Administrative measures for identification of high tech enterprises (gkfh [2016] No. 32)

Guidance on the management of high tech enterprises (gkfh [2016] No. 195)


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