Tax planning plan

This is a summary after a long practice

Planning of private enterprise organization

Private enterprises include private limited liability companies, private limited companies, private partnerships and privately-owned enterprises.

Private limited liability companies and private limited companies have legal personality and assume limited liability for corporate debts. Since the company and its shareholders are two different legal entities, double taxation is imposed on the company and shareholders when taxing, that is, the company is levied on the company Income tax levies personal income tax on the income and share of after-tax profits earned by shareholders. Private partnerships and sole proprietorships do not have the status of legal persons and bear unlimited liability for corporate debts. Individual income tax is levied according to the item of "Individual Industrial and Commercial Households' Production and Operational Income" when taxing.

The use of organizational forms for tax planning is something that every "quasi-taxpayer" must consider before registration. This requires investors to fully investigate before collecting the organizational form, collect industry information on the place of operation, estimate profitability, and comprehensively analyze income tax. Negative, relying on tax planning to win at the starting line.

For example: assuming that the taxable income for the whole year is Y yuan, you can calculate the selection range of different organizational forms: 30% Y-9750 = 20% Y, find Y = 97500 yuan, and the taxable income without any difference in tax burden is: 97,500 yuan. When the annual taxable income is 97,500 yuan, choose a private limited liability company or a private company limited by shares to have a lighter tax burden. As long as it meets the criteria for identifying a small profit-making enterprise, it can also reduce corporate income tax at a rate of 20%.

The calculation of the above critical point does not take into account that the private company ’s shareholders receive salary and dividends, dividends and personal income tax, and the shareholder ’s pre-tax deduction of wages and salaries can reduce corporate income tax. Therefore, in actual calculations, investors should estimate The profit level and profit distribution, comprehensively considering the corporate income tax and personal income tax burden, as well as the company's operating risk, operating scale, management model, investment amount and other factors, choose the organizational form suitable for their actual situation and maximize investment income.

Planning of tax audit and verification of tax collection

There are two methods of income tax collection: audit collection and approved collection.

Units with relatively sound financial and accounting systems that can earnestly fulfill their tax obligations adopt the method of audit collection; for taxpayers with small operating scales and imperfect accounting calculations, fixed-rate collection, taxable income rate collection and other approved collection methods are adopted.

In terms of the collection method of the approved taxable income rate, the taxable income rate of different industries only stipulates the proportional range. The minimum ratio and the maximum ratio of the same industry are quite different, which is conducive to the operation of the tax authority, but there is no specific identification standard. The greater arbitrariness is likely to cause uneven tax burdens for enterprises in the same industry, increasing the business risks and tax burdens of enterprises.

If the enterprise operates multiple industries, the tax law stipulates that the applicable taxable income rate should be determined according to its main project regardless of whether its business items are separately accounted for, which may result in the application of a lower taxable income rate business according to a higher taxable income Rate taxation. In addition, the enterprises that implement the approved tax collection cannot enjoy the preferential income tax policy. In contrast, the way of audit collection can enjoy partial tax preferential treatment, and the tax risk is relatively small, which is convenient for investors and tax authorities to fully grasp the production and operation of the enterprise. .

Many private enterprises have small scales of operation and unsound accounting, so they can only adopt the approved method of collection. Even some private enterprises avoid taxation, reduce their scale, operate in different places, increase their size, and return to the state of self-employed individuals with small-scale operations. the way.

Private enterprises are small in scale, unable to form an industrial advantage, and have poor accounting, which reduces the level of business management and comprehensive trade-offs. Private companies choose to collect audits not only to reduce tax risks, but also to facilitate the long-term development of enterprises, which requires enterprises Set up account books in accordance with national regulations, account for income, costs, and expenses, and file tax returns on time.

Transform part of business entertainment into business promotion fees

Business hospitality is an indispensable daily expense for private companies. Many private owners have reimbursed invoices for personal and family meals, food, and entertainment expenses. Such artificial increase in corporate expenses is not desirable. The tax law adopts the "two-end card" method for deduction of business entertainment. On the one hand, the business entertainment costs incurred by the company are only allowed to be deducted at 60% of the amount incurred, and the personal consumption part of the business entertainment costs is removed. On the other hand, the The maximum deduction limit for business entertainment is 5 ‰ of the sales (business) income of the year, which prevents enterprises from finding more invoices for meal expenses and even writing off fake invoices, resulting in the situation of falsely high business entertainment.

Regardless of whether the hospitality expenses incurred by the enterprise are reasonable or not, full deductions are not allowed. First of all, the enterprise should control and compress the amount of business hospitality expenses, strictly distinguish between business hospitality expenses and other expenses. Director expenses and other expenses are mixed into business hospitality expenses, and the catering expenses and accommodation expenses incurred by enterprises participating in product fairs and exhibitions shall be included as business promotion expenses.

Secondly, enterprises can convert part of business entertainment into business promotion fees and increase the pre-tax deduction of expenses. For example, changing certain food and beverage hospitality fees to gifts given to customers, printing the company ’s name or logo on the gifts, with the company ’s promotional materials, or inviting customers to participate in product promotion meetings held by the company, requiring participants to sign in, It also provides catering and accommodation for participants, and the resulting expenses are used as business promotion expenses. The portion that does not exceed 15% of the sales (business) income of the current year is allowed to be deducted, and the excess is allowed to be deducted after the tax year after carrying forward.

Planning of private company donations combined with personal donations

With the economic development and the enhancement of corporate social responsibility awareness, more and more private owners are enthusiastic about public welfare. The tax law stipulates that deductions shall be allowed for the amount of public welfare donations incurred by an enterprise that does not exceed 12% of the total annual profit. The total profit can only be calculated after the end of the fiscal year, and the donation occurs during the annual period. If the enterprise does not perform tax analysis before donation, it may cause the enterprise to bear additional tax burden on the donation, and the private company ’s donation and individual When donations are combined, enterprises can also obtain tax-saving benefits while assuming social responsibility.

If the chairman of a private limited liability company plans to donate 4 million yuan to the western rural compulsory education in the name of the company through the China Charity Federation in May 2011, the company ’s total profit in 2010 was 28 million yuan, and the chairman received a dividend of 2.8 million yuan. It is estimated that the total profit in 2011 will be 30 million yuan, and the chairman will receive a bonus of 3 million yuan. According to regulations, the deduction limit for company donations is 3.6 million yuan (3000 × 12%), and the remaining donation expenses of 400,000 yuan are likely not allowed before tax. After deduction, an additional enterprise income tax of 100,000 yuan will be added. If the chairman donates 3.6 million yuan in the name of the company and 400,000 yuan from the dividends in the name of the individual, according to the provisions of the personal income tax law, the individual ’s donation to the rural compulsory education through non-profit social groups and state organs is allowed to The total amount of income before the payment of personal income tax is deducted in full.

Since the corporate income tax law sets a deduction ratio for public welfare donations, many private enterprises donate less in the name of the company, and donate more in the name of the individual investor. This is a rational approach. Starting from the interests of shareholders, it is necessary for enterprises to limit the amount of donations. As a supplementary measure, large shareholders make additional donations in the name of individuals. This not only expresses love, but also reduces tax burdens. It is the best for rational business and emotional donations. Combine.

Fifth, pay attention to the division of corporate operating expenses and investor personal expenses

At present, many private enterprises are not standardized in accounting, and require financial personnel to reimburse their personal or family consumption expenditures, use corporate funds for personal or family purchases of cars and homes, and do not make tax returns, or use public money for tax evasion and tax evasion Once it is verified by the tax authorities, it will cause serious losses to enterprises and investors.

For example, the owner of a hardware processing limited liability company purchased a house of 1 million yuan from the company ’s expenditure in the name of consumer expenditure in December 2010. On May 25, 2011, the tax authority discovered this problem during the inspection process. The expenditure has nothing to do with the company ’s business. It should be regarded as the income of interest, dividends and dividends. A personal income tax of 200,000 yuan is charged, and the corporate income tax is increased by 250,000 yuan. Because the boss underpaid the tax, the tax authority ordered it to pay the corresponding income. Taxes, late fees and a fine of 100,000 yuan. The boss does not understand this.

The tax law stipulates that individual investors of individual proprietorships and partnerships use enterprise funds as their own, family members and related personnel to pay for consumer expenditures that are not related to the production and operation of the enterprise, and property expenditures such as the purchase of cars and houses, and are regarded as corporate The profit distribution of investors is incorporated into the individual production and operation income of investors, and personal income tax is calculated in accordance with the "income of production and operation of individual industrial and commercial households"; individual investors of other enterprises other than the above-mentioned enterprises, with enterprise funds as their own, family Members and related personnel pay consumption expenditures that are not related to the production and operation of the enterprise and purchase of property expenses such as cars and housing, which is regarded as the dividend distribution of the enterprise to individual investors, and personal income tax is calculated according to the "interest, dividends, dividend income" item , And the above expenditures of enterprises are not allowed to be deducted before income tax. The behavior of the boss belongs to the second case, and personal income tax of 200,000 yuan should be paid in accordance with the "dividends and dividends".

In addition, in order to avoid that some corporate shareholders use the name "borrow", embezzlement of public funds for private use, and tax evasion, the tax law stipulates that individual investors borrow from their investment companies (except individual proprietorships and partnerships) during the tax year. If it is neither returned nor used for the production and operation of the enterprise after the end, the unrefunded loan may be regarded as the dividend distribution of the enterprise to individual investors, and personal income tax shall be levied in accordance with the item of "interest, dividends, dividend income".

6. Investor dividends and the planning of salary and salary income

As the corporate income tax law abolishes the limitation of taxable wages, as long as the wages and salary income received by investors in private companies are reasonable wages and salaries, pre-tax deductions are allowed, and dividends received by investors are after-tax profits. Distribution is not deductible before tax. Investors can choose between dividends and salary income to reasonably reduce the tax burden on income tax.

Example: Yingcai Trading Company is a limited liability company established by Feng Yingcai and three friends who each contributed 1 million yuan. The four shareholders agreed not to receive wages at the usual time and to pay dividends at the end of the year. In 2010, the company realized an accounting profit of 900,000 yuan, adjusted taxable income of 1.02 million yuan, declared and paid corporate income tax of 255,000 yuan, after-tax profit of 645,000 yuan, the company withdrew a provident fund and public welfare fund of 96,800 yuan according to regulations The distributable profit is 548,200 yuan. At the end of the year, four shareholders decided to take out 400,000 yuan of them for profit distribution, and each received a dividend of 100,000 yuan. The four shareholders are required to pay a total of 80,000 yuan in personal income tax. The investor actually bears two tax burdens, corporate income tax and personal income tax, with a total tax burden of 335,000 yuan. The following methods can be used for tax planning.

Plan 1: Four shareholders receive a monthly salary of 3,500 yuan, without paying personal income tax, and pay 58,000 yuan per person at the end of the year. A total of 46,400 yuan in taxes must be paid to the four dividends. Shareholders ’salaries can be paid before corporate income tax. The corporate income tax was reduced by 42,000 yuan, and the investor ’s income tax burden was 259,400 yuan (25.5-4.2 + 4.64).

Plan 2: Four shareholders receive a monthly salary of 3,500 yuan, a year-end bonus of 18,000 yuan, and a year-end dividend of 40,000 yuan. The four-person dividend pays a total of 32,000 yuan in tax. The year-end bonus is subject to personal income tax = 18,000 × 3% × 4 = 2160 (Yuan), the salary expenses reduce the enterprise income tax by 60,000 yuan, and the investor ’s income tax burden is 229.16 million yuan (25.5-6 + 3.2 + 0.216). Obviously, the overall income tax burden of Scheme 2 is lighter.

to sum up

The above are several common methods for making tax planning schemes. Customized tax planning schemes based on enterprises can effectively predict the profitability of enterprises, establish shareholder wages and dividend levels, and ensure shareholders ’equity while reducing taxes. Therefore, make The tax planning plan is a very important measure. At the same time, it reminds all tax planning that we must plan ahead, plan and arrange in advance, must abide by laws and regulations, carry out under legal and reasonable circumstances, and pay taxes according to law and sunshine.