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Settlement: please pay attention to focus on "12 months"

Author:tongran      Time:2015/2/11      Hits:2141

I found in the previous work, the settlement and payment, "the provisions of 12 months" very much. So, in the new year income tax declaration and tax work, what are the tax projects related to 12 months? The author has carried out the finishing on the, only for your reference.
The tax year to identify problems, cannot do without 12 months specific figures. According to the enterprise income tax law provisions of article fifty-third, the enterprise income tax is calculated according to the taxable year. The tax year since the Gregorian calendar in January 1st to December 31st. Enterprise business in the middle of a tax year, or termination of business activities, the actual operating period of the tax year is less than 12 months, the actual business period shall be treated as a taxable year.
Staging tax provisions, is also associated with 12 months. According to the enterprise income tax law regulations for the implementation of the provisions of article twenty-third, commissioned for the processing enterprises of manufacturing 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 after work schedule or complete the workload of recognition of income realized.
The loan expenses, more than 12 months need capitalization. According to the enterprise income tax law regulations for the implementation of the provisions of article thirty-seventh, occurred in production and business activities of the reasonable and do not need the capitalization of the borrowing costs, are permitted to be deducted. Enterprises for the purchase, construction and production of fixed assets, intangible assets and after more than 12 months to build the intended sales state inventory history of borrowing money, occurred during the relevant assets acquisition and construction of reasonable borrowing costs, shall be treated as capital expenditure accounted for as part of the cost of the assets, and in accordance with the relevant provisions of deduction.
Division of fixed assets and current assets, with 12 months as the dividing line. According to the enterprise income tax law regulations for the implementation of the provisions of article fifty-seventh, the fixed assets refers to the time the use of enterprises for the production of products, providing labor services, rental or business management, held more than 12 months of non monetary assets, including housing, buildings, machinery, transport machinery, tools and other production and operation of equipment, appliances, tools etc..
Dividends, bonuses are tax-free income, but the lack of stock holding listing Corporation except for 12 months. According to the enterprise income tax law regulations for the implementation of the provisions of article eighty-third, equity investment income dividends, dividend between qualified resident enterprises, as well as the non resident enterprise obtains from resident enterprises and the institutions, places the dividends, bonuses and other equity investment income, belongs to the tax exempt income. But the dividends, bonuses and other equity investment gains, not including continuous holds a resident enterprise public offering and listing the circulation stock has less than 12 months of investment income.
Enterprise reorganization of the special tax treatment, cannot do without the restriction of 12 months. According to the "Ministry of finance, the State Administration of Taxation on the enterprise income tax treatment of the notice" (taxation 2009) (No. 59) the provisions of article fifth, the restructuring of enterprises at the same time, with the following conditions, provisions are applicable for special taxation treatment:
One is the reasonable business purpose, and not to reduce, exempt or defer the payment of taxes as the main objective.
Two is the acquisition, merger or separation of part of the assets or equity ratio conform to the provisions of this notice proportion.
Three is the enterprise after the reorganization of the 12 consecutive months without changing the reorganization of assets and the original substantive business activities.
Four is the restructuring transactions conform to the provisions of this notice to equity price in proportion to the amount of payment.
Five is the enterprise restructuring made equity payment original major shareholders, after the restructuring for 12 consecutive months, shall not transfer the achieved equity.
At the same time, the finance and Taxation (2009) No. 59 document also states in article tenth, the enterprise in the reorganization of 12 consecutive months of its assets step by step, equity transactions, should be based on the principle of substance over form the transaction as an enterprise reorganization transaction processing.
Accelerated depreciation of fixed assets, and adequate provision of more than untreated for 12 months, not repeat enjoyment. According to the enterprise income tax law regulations for the implementation of the provisions of article ninety-eighth, the enterprise because of technological progress, product upgrading faster, or perennial in strong vibration, high corrosion state of the fixed assets, can shorten the depreciation period or adopt the accelerated depreciation method of depreciation. To shorten the depreciation period method, minimum depreciation period shall not be less than the provisions of the tax law depreciation 60%; to adopt the accelerated depreciation method, can take the double declining balance method or years digits method.
At the same time, "the State Administration of Taxation on the accelerated depreciation of fixed assets of enterprise income tax treatment issues related to notice" (Guo Shui Fa (2009) No. 81) the provisions of article sixth, to take the fixed assets to shorten the depreciation period, full depreciation after continued use without disposal (including scrap etc.) for more than 12 months in the future, the renovation of fixed assets form replacement, renovation after alteration of the same or similar functions, shall not adopt the method of shortened depreciation period.
Real estate enterprises own products, less than 12 months shall not deduct depreciation cost of sales. According to the "measures for the tax treatment of enterprises engaged in real estate development business income" (Guo Shui Fa (2009) No. 31) the provisions of article twenty-fourth, enterprise product development to their own use, the actual use of the cumulative time of not more than 12 months and sales, not in the depreciation expenses deducted.
Fixed assets tax base within 12 months, make the legal bills. According to the "Circular of the State Administration of Taxation on the implementation of the enterprise income tax law of the several tax issues notice" (Guoshuihan [2010] No. 79) fifth "on the investment of fixed assets to



 
 
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