If the construction enterprises can not accurately confirm the operating income and operating costs will face greater risk of tax. Construction link, is to confirm the key links of operating income and operating cost. This paper starts from the completion of the project schedule, talk about how to prevent construction enterprises related to tax risk.
Regulations for the implementation of the provisions of article twenty-third of the enterprise income tax law, the entrusted processing enterprises manufacturing of large mechanical equipment, ships, aircraft, and engaged in the construction, installation, assembly engineering business or providing services, which lasted more than 12 months, according to the tax year completed in degree or complete the workload of recognition of income realized. While the "accounting standards for Enterprises No. fourteenth -- income" provisions, provide a service schedule can be estimated reliably by using the percentage of completion method, should recognize the revenue from providing services. According to the above provisions, the construction enterprises should decide the implementation of income by finishing workload confirmation. While using the percentage of completion method of recognition of income, income and cost should be according to the following formula:
The current revenue from providing labor services = providing labor income total * completion schedule - a previous period accumulated has confirmed that the labor income.
The current labor cost = provide labor services estimated the total cost of * the completion schedule once cumulative annual accounting period confirmed the labor cost.
But in daily accounting and tax treatment practice, building construction enterprise is more settlement amount with the employer to confirm income. This "the actual settlement law" does not conform to the provisions of the accounting system and tax law, but by society's default and are adopted as the accounting in the "hidden rules", the surface reason is the construction enterprise engineering problems caused by the recovery, is essentially the embodiment of social good faith degree of decline. The stipulations of the contract of the project, and the actual settlement of the project, often inconsistent, and various other factors, such as the construction business underwritten construction, after the completion of the works, the employer does not timely clearing or settlement after non payment, the result is in accordance with the provisions of the accounting system of taxpayers in tax revenue or confirmation after but unable to pay the taxes. "The actual settlement method" was once the tax authorities found that construction enterprises will bear the tax and fines and late fees consequences.
So, how to construction enterprise tax risk prevention engineering construction link?
First of all, when construction enterprises received the advance collection of project payment, to pay the business tax and additional provision. Secondly, after commencement of the project, the cost incurred to register. Once again, the end of the year according to the completion schedule confirm revenue and gross profit. For example, a Luqiao Engineering Company Limited is a company with two construction qualification of construction enterprises, in 2010 January with the customer signed a total of 50000000 yuan in highway construction contract contract. March has been fully started, is scheduled to be completed in 2011 September, the estimated total cost of the project is 45000000 yuan, in February, according to the contract the advance collection of project funds 3000000 yuan has been duly into account, in 2010 agreed in the contract the employer payment dates are July 30th 15000000 yuan, 12000000 yuan in November 30th. Suppose to the end of 2010 engineering actual costs 27000000 yuan, using the percentage of completion method, in 2010 the company tax treatments are as follows (unit: yuan, the same below):
(1) received the advance collection of project funds:
Borrow: bank deposit 300
Credit: pre receivable 300
(2) provision for accounts receivable in advance tax:
Borrow: business tax and additional 9
Credit: tax payable business tax 9
Provision of contractual payment day of pay business tax with the entries, the business tax is 810000 yuan.
(3) the payment of accounts receivable in advance business tax:
Borrow: tax payable business tax 9
Borrow: bank deposit 9
The contract payment date to pay business tax with the entries, the business tax is 810000 yuan.
(4) registration cost incurred:
Borrow: 2700 engineering construction
Borrow: bank deposit, raw materials, employee compensation, accumulated depreciation and other 2700
(5) the end of recognition of income:
The progress of the project 2700 / 4500 = 60%, income is 5000 x 60% = 3000 (million), the cost is 4500 x 60% = 2700 (million), gross profit is 3000 - 2700 = 300 (million).
Borrow: advocate business Wu cost 2700
Construction: 300 Maori
Credit: the main business income of 3000
The treatment of gains and losses of enterprises have an impact, and then affects the advance payment of enterprise income tax, there are certain benefits to the enterprise. If the enterprise accounts at the end of the year all turned to income, the corresponding generated by the business tax and additional natural deduct before duty of enterprise income tax; if the enterprise end no income or confirm the income of less than the advance payment, the tax can be deducted before enterprise income tax according to the stipulations of the contract (including controversial the date of payment of the taxes and fees), arising from the general view is that can tax deduction in the enterprise income.
