How to treat the preferential policies of enterpri

2022-09-19
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How to treat preferential policies of enterprise income tax recently, the State Council issued preferential policies for the transitional period of enterprise income tax. After the formal implementation of the new enterprise income tax on January 1, the enterprises that originally enjoyed the preferential policy of low tax rate have a five-year transition period. In addition, the new regulations also confirmed 30 original tax laws, administrative regulations and documents with the effect of administrative regulations that can enjoy the transitional preferential policy, including the preferential policy for foreign-funded enterprises, the preferential policy for foreign-funded enterprises in the special zone, and the preferential policy for specific regions

the new tax law not only retains the preferential policies in the old tax law for exemption and reduction of enterprise income tax for agriculture, forestry, animal husbandry, fishery and public infrastructure projects, but also adds some preferential policies for environmental protection, energy and water conservation, comprehensive utilization of resources and high technology. In addition, because there were many transitional tax preferential policies in the past, in order to ensure the stability of the new tax law and its implementation regulations, special transitional preferential policies were introduced separately. So far, the principle of preferential treatment in the new tax law has been fully reflected, that is, to promote fairness, focus on industrial preferences, and give consideration to regional preferences

however, it should be noted that the preferential tax policy has always been a "double-edged sword" of China's tax system. While achieving specific policy objectives, it also increases the softening of tax law constraints and non-standard wind. ELV management requires enterprises to risk from beginning to end, as well as the possibility of corruption and rent-seeking. From this perspective, the new tax law still needs to be further improved. Among them, there are still ambiguities in the basic concepts related to tax incentives in the new tax law. For example, in the new tax law and its regulations, the terms deduction and credit are often mixed. In fact, although the common ground of the two is to reduce tax, the purpose of tax deduction is to avoid repeated tax payment, and to restore the current normal tax burden level in the fatigue performance testing fields of quality inspection, scientific research, universities, construction, highways, railways, bridges, automobiles, machinery, nuclear power, water conservancy, ports, tunnels, coal and other industries, while the tax credit is to encourage or take care of taxpayers to obtain a lower than normal tax burden level. For a mature tax law, it is necessary to strengthen the standardization of such basic descriptions

then there are some specific provisions of tax preferences, which may increase the influence space of human factors. For example, the preferential tax policy of the new tax law stipulates that "the income obtained by enterprises from the comprehensive utilization of resources and the production of products in line with the provisions of the national industrial policies can be reduced when calculating the taxable income." In the implementation regulations, it was further refined, pointing out that "the income obtained by enterprises using the resources specified in the catalogue of preferential corporate income tax for comprehensive utilization of resources as the main raw materials and meeting the specified proportion, and producing products that are not restricted or prohibited by the state and meet the relevant national and industrial standards, shall be included in the total income at a reduced rate of 90% But look carefully, there is still a lack of clear standards for which products meet the preferential conditions

in addition, in terms of specific tax declaration, the existing regulations and tax declaration forms also have details that need to be improved. In the absence of a new tax return, the specific tax calculation is ambiguous. For example, in the provisions of the original tax return, when the "income after tax adjustment" is less than or equal to zero, the deduction limit is zero, and all donations cannot be deducted. This conflicts with the spirit of the new tax law

finally, the internal relationship between preferential tax policies and national macro policy guidance needs further analysis. For example, after the implementation of the new tax law, the preferential income tax policies for enterprises in the western development will continue to be implemented, and some preferential rights have also been reserved in the five special economic zones and the Pudong New Area of Shanghai. These regional preferential policies also make people have doubts about the policy standards. If SEBS foaming materials will have great advantages, what Binhai New Area cannot enjoy preferential policies? At the same time, in the past, the identification of "high-tech enterprises" was operated by local governments, but now it is under the control of the central government. Naturally, it will be much stricter, but there is no recognized standard for which "high-tech enterprises" belong to. In addition, the tax preference for small and low profit enterprises is obvious, but the standard of "employee restriction" was later dissolved in its qualification recognition, which seems to be not conducive to the development of small and medium-sized enterprises to increase employment

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