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Analysis Of Several Tax Modes Of Donation

2008/12/26 16:10:00 41911

Sichuan

Wenchuan

After the earthquake, all sectors of society donated money to the disaster area. According to the Ministry of civil affairs, as at 27 o'clock, 12 times, the whole country received 32 billion 722 million yuan of donations from all walks of life both at home and abroad.

Here we make some contributions to the current ways.

tax revenue

Analysis.

enterprise

donation

Several ways and

Tax burden

Analysis

At present, domestic enterprises mainly make donations in the following ways.

First, corporate cash

donation

And the chairman's personal donation.

Two, the cash donation is combined with the provision of free fast food.

Mode three, set up the public welfare foundation and pass the public welfare foundation.

donation

。

Mode four, donation in kind.

Mode five, cash

donation

Combined with the provision of machinery and equipment for free use in disaster areas.

The tax burden on the above donation methods is as follows:

1. Enterprises

Cash donation

And the chairman's personal donation.

In accordance with the Ninth Section of the enterprise income tax law, the donation of a company shall be deducted from the amount of the taxable income when the expenses of public welfare donations generated by the enterprise are less than 12% of the total annual profits.

The deductible base of donation is an accounting year's profit, which must be calculated after the end of the accounting year, and the donation occurs in the year.

If the time is not enough, the enterprise may donate additional tax due to donations, such as donation of 10 million yuan, while the accounting profit is only 10 million yuan, then 1 million 200 thousand yuan will be allowed in that year, of which 8 million 800 thousand yuan is not allowed to be deducted before tax, and the income tax is required to be 2 million 200 thousand yuan.

So the company donated 5 million yuan cautiously.

The chairman personally donated 50 million yuan through the Red Cross Society. According to the Circular of the Ministry of Finance and the State Administration of Taxation on the donation of income tax policy to the Red Cross by the social forces such as enterprises (Finance and tax [2000]030), it is allowed to deduct the full amount of the personal income tax before the tax is not restricted.

　　2.现金捐赠与提供免费快餐相结合方式。

Cash donation is the same as the above analysis.

The fourth provision of the detailed rules for the implementation of the Provisional Regulations of the People's Republic of China on business tax stipulates that "the provision of taxable labor services, the pfer of intangible assets or the sale of immovable property" means the provision of paid taxable services, paid pfer of intangible assets or the pfer of ownership of real property on a compensatory basis.

The free food provided does not belong to the so-called "paid" labor service provided by the business tax, and is not subject to business tax. However, according to the twenty-fifth regulation of the implementation of the enterprise income tax law, "the exchange of non monetary assets by enterprises and the use of goods, property and labor for donation, repayment, assistance, fund-raising, advertising, samples, employee welfare or profit distribution shall be regarded as selling goods, pferring property or providing labor services, except where the financial and tax authorities of the State Council have other provisions."

According to this, the provision of labor needs to be regarded as sales.

For example, if a big Mac package is 20 yuan, the cost is 10 yuan. According to the current tax law, it is necessary to confirm the profit of 10 yuan (20-10) and pay 2.5 yuan of enterprise income tax.

The cost of 10 yuan is deducted from the total 12% of the accounting profit if the donation certificate is obtained. If the donation certificate can not be obtained, it is not allowed to pay the expenditure which has nothing to do with the income.

　　3.设立公益基金会并通过公益基金会捐赠方式。

The twenty-sixth provision of the enterprise income tax law stipulates that the income of non-profit organizations that meet the requirements is tax-free income.

The public welfare foundation is a non-profit public welfare organization whose income is tax deductible, and its related expenses are allowed to be deducted in real terms. This is essentially a tax-free unit with no allowance for donation quota.

Suppose that a company founded such a commonweal foundation will be able to do well in practice.

The current donation of 10 million yuan can be lent to the parent company by the parent company. It will be processed flexibly by the end of the year when the accounting profit comes out. If the accounting profit is 1 hundred million in 2008, all the loans will be donated. If the accounting profit of 2008 is 50 million yuan, the donation will be 6 million yuan of the loan, while the remaining one will continue to be borrowed as the loan for the next year.

　　4.实物捐赠方式。

In accordance with the fourth rules for the implementation of the Provisional Regulations on value added tax, "units or individual operators shall give away goods that are produced, commissioned, processed or purchased without compensation to others, which are deemed to be goods sold."

A pharmaceutical company should donate its drugs to the disaster area, which needs to be regarded as selling VAT.

The income tax has been analysed as before, and it should be regarded as sales income tax.

Assuming that the market price of the drug is 10 million yuan, its direct production cost is 1 million yuan, and it needs to pay 1 million 530 thousand yuan of value-added tax [(1000-100) x 17%], and the donation expenses will be restricted by 12% of the accounting profits. At the same time, the batch of drugs in the income tax should also be deemed to be 2 million 250 thousand yuan [(1000-100) x 25%], which is not considered in the income tax.

　　5.现金捐赠与提供机器设备给灾区无偿使用模式。

The analysis of cash donations, with the above analysis, covers the expenses related to the engineering equipment provided to the disaster area free of charge, including the cost of oil and crossing the bridge. If the donation certificate is obtained, the total amount of the donation is deducted from the 12% limit of the accounting profits. If the donation can not be obtained, the certificate will not be allowed to be paid.

Because its main body does not provide labor services, it does not involve income tax as a sales issue.

Tax evaluation of different ways of donation

In the above donation way, from the form of donation, the form of foundation is the best, followed by cash donation, the third is labor service, and the last is physical donation. In cash donation, it is better to donate in the name of individuals, followed by donations from foundations, and finally donate directly to enterprises.

However, we should pay attention to the following points:

一是现金捐赠需要企业有大量的现金流。

　　二是实物或者劳务捐赠，在企业所得税的处理上都应按视同销售，且其发生的成本可以在企业所得税前扣除。流转税的处理则需分情况处理：

1. the labor service that is within the scope of the business tax collection shall not be taxed without any compensation. However, the enterprise shall pay the enterprise income tax if it is deemed to be a sales person.

For the cost part, if the donation certificate can be obtained, it can be deducted from the total donation quota.

Otherwise, in accordance with the sponsorship expenditure, it can not be deducted before tax.

The 2. is the goods that should be levied on value-added tax, that is, the public welfare donations of the enterprises are physical objects, whether they are turnover tax or income tax, which should be regarded as sales processing.

　　三是提供机器设备给灾区无偿使用及灾后重建

The depreciation allowance for free use of machinery and equipment is allowed to be deducted before tax.

The related expenses include oil fee, cross road toll and so on. If we can collect the donation certificate, we deduct the quota, otherwise it will not be allowed to pay.

This situation does not involve income tax as sales.

The four is the donation from the public welfare foundation. Although the donation company has the most benefit, it is the most difficult to operate in practice.

First, the eighty-fourth regulation of the implementation of the enterprise income tax law stipulates 8 conditions for the non-profit organizations that meet the requirements. The foundation must meet these 8 conditions at the same time to be exempt from tax.

Two, the foundation of the foundation requires certain conditions and procedures.

Three, it is restricted by fund management. The use of funds, the time of use, and the issuance of bills will be restrained and restricted.

Other issues needing attention

1. channel problem

donation

Public welfare organizations must be recognized by people's governments at or above the county level, or through relevant departments of people's governments at or above the provincial level.

2. donation of donation certificates must be made accordingly.

donation

Voucher.

Editor: vivi