税务筹划内刊(2014年第一期) 3
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本文档包括改专题的:外文文献、文献综述一、外文文献文献信息标题:Effect of Tax Planning on Firms Market Performance: Evidence from Listed Firms in Ghana 作者:Kawor, Seyram; Kportorgbi, Holy Kwabla期刊:International Journal of Economics and Finance第6卷,第3期,页码:162-168,2014年Effect of Tax Planning on Firms Market Performance: Evidence from Listed Firms in GhanaKawor, Seyram; Kportorgbi, Holy KwablaAbstractThe study sought to ascertain the level of tax planning of firms and to explore the relationship between tax planning and firms' market performance. The study used 22 non-financial companies listed on the Ghana Stock Exchange over a twelve year period from 2000. The longitudinal correlative designed was used. The results indicate that that firms' tendency to engage in intensive tax planning activities reduces when tax authorities maintain low corporate income tax rates. Secondly, tax planning has a neutral influence on firms' performance. This finding challenges the general perception that every cedi of tax savings from tax planning reflect in the pocket of investors. It is concluded that investors must institute systems to ensure tax planning benefits reflect significantly in their pockets.Keywords: Ghana stock exchange, tax planning, market performance, longitudinal correlative design, investors1. IntroductionOver the years and throughout the world, the history of taxation brings out one fact; that taxes are coercive in nature and therefore economic units which are assigned the tax liability never wholly intend to bear the actual tax burden (Commonwealth Association of Tax Administrators (CATA), 2007). Economic units, more specifically, corporate bodies are always adopting ways to minimise, postpone, or avoid entirely, the payment of tax. The attempts by the economic units to reduce, postpone or avoid tax payment can be legal or illegal. The legal means is called tax planning while the illegal means is called tax evasion. The dire consequence of tax evasion makes it an unattractive option for listed companies (Murphy, 2004).The practice of tax planning dates back to 1947 when learned judge Hand, in the case Commissioner v Newman, held that there is nothing sinister in arranging ones affairs so as to keep taxes as low as possible. Hoffman's (1961) tax planning theory supports this argument. According to Hoffman, it is a necessity for firms to understand the prevailing tax laws and apply the laws in a manner that ensures the firms minimise their tax exposure. Hoffman posits that it makes no economic sense to pay more tax than what the law demands. Scholes and Wolfson's (1992) tax planning framework also underscores the need for corporate bodies to engage in tax planning. According to Scholes and Wolfson, a successful company is the one that is properly attuned to its tax environment.International governmental organizations, such as CA TA (2009), suggest that corporate bodies in Ghana, especially the large entities, engage in complex tax planning activities. Research by civil society groups such as Christian Aid (2008), Action Aid (2011), and Dan Watch (2011), confirm this assertions made by the Domestic Revenue Division. The missing element in the findings is thequantitative expression of the tax planning activities of the firms.The traditional thinking is that firms that derive maximum benefit from tax planning perform better than those that do not plan their taxes (Murphy, 2007). From the empirical perspective, tax planning is positively associated with firms' performance. For instance, Desai and Hines (2002); Chen, Chen, Chen and Shelvin (2010) reported positive association between tax planning savings and firm performance. The argument is that tax represents cost of doing business, and any action that has the potential of minimising tax cost reflects in higher firm performance. This argument presupposes that tax planning cost and risk does not exceed the savings from the planning.Few studies in the UK dispel the traditional relationship between tax planning and firm performance. While admitting that tax planning has a positive association with accounting performance, Desai and Dharmaphala (2007) reported that tax planning has a neutral association with market performance. Indeed Abdul-Wahab (2010) found a negative association between tax planning and firm performance. Kportorgbi (2013) suggested that corporate governance strength plays a mediating factor in the tax planning-firm performance relationship.A study of the effect of tax planning savings on firms' market performance is crucial for all stakeholders in the emerging security markets such as the Ghana stock Exchange. In fact each possible relationship has a unique implication for the players. For instance, a positive association implies that tax planning produces a win-win situation for both management and shareholders (investors). A negative association connotes that tax planning benefits may not eventually trickle to the pocket of the shareholder. Indeed, a negative association may be an indicative of the existence of agency problem, where management is inclined to pursue tax planning to enhance their own lot rather than advancing the interest of the investor. Where a neutral association is established, it will invoke a follow up study on the possible factors that could influence the relationship either positively or negatively. Secondly, the study is necessary to inform tax planning agents and investors on the dynamics of tax planning1.1 Objective of the StudyThe primary objective of this study is to explore the relationship between tax planning savings of firms listed on the Ghana Stock Exchange and firm market performance. The study also seeks to examine the simultaneous influence of other firm specific variables on the tax planning-market performance relationship.1.2 Tax Planning Intensity of Firms in GhanaCommentators on tax behaviour of firms in Ghana paint a picture that suggests that large firms engage in tax planning activities. For instance CATA (2009) posits that Ghana Revenue Authority lost seventy-four million pounds between 2005 and 2007 to the European Union (EU) in tax revenue as a result of tax avoidance by several multinational companies. Murphy (2004) also reported that firms have complex gamut of arsenals to reduce their tax burden. The reports indicate that the tax avoiding mechanism of firms are largely allowed by the tax laws. There are also indications that the firms take advantage of the loopholes in the tax laws to derive unintended tax benefits. The avenues for tax planning usually revolve around locational reliefs, industry-specific concessions and capital allowance provitions. Others are time variables and entity variables.Most of the reports are not precise in their estimation of the benefits that firms achieve through tax planning. The lack of precision in measuring tax planning intensity is largely attributed to the insufficient reporting of issues of taxation by firms. Aside the mandatory disclosures to tax authorities, firms are reluctant in disclosing much on tax behaviours. This is due to the perceivedthin line that exist between tax planning and tax evasion. Listed companies, however, provide provide adequate information necessary to estimate the tax savings of the firms. This is made possible by virtue of the financial reporting guidelines provided by the security exchange commision.2. Review of Related LiteratureThis section is subdivided into theoretical review and empirical review. The theoritical review encapsultes the Hoffman's (1961) tax planning theory. Three main empirical studies are reviewed. They are Desai and Hines (2002), Desai and Dharmaphala (2009) and Abdul-Wahab (2010).2.1 Hoffman's Tax Planning TheoryAccording to Hoffman (1961) tax planning seeks to divert cash, which would ordinarily flow to tax authorities, to the corporate entities. Tax planning activities are desirable to the extent that they reduce taxable income to the barest minimum, without sacrificing accounting income. The theory is premised on the fact that firms tax liability is based on taxable income rather than accounting income. The idea is thus to intensify activities that reduce taxable income but has no indirect relationship on accounting profit. The theory thus recognised a positive association between firm tax planning activity and firm performance.Hoffman (1961) also recognised the role of tax cost in the tax planning activities. The theory thus provided that the positive association between tax planning and corporate performance is on a basic assumption that tax benefits from the tax planning exceed tax cost. The scope of the Hoffman's tax planning theory does not address the dynamics of tax planning and market performance. As capital markets develop and the separation of ownership and control of corporate bodies become well-spread, the need for a comprehensive tax planning theory is imperative. This need is rather addressed through the empirical perspective than through theoretical perspective (Inger, 2012).2.2 Empirical Review and Development of HypothesisDesai and Hines (2002) provide evidence on firm performance and tax planning behaviour of firms. Again, the study investigates the relationship between tightening of tax systems and market value of firms. The study was based on 850 listed US firms. The study sample was purposively selected to reflect the characteristics desired by the researchers. The study was cross sectional and the data relates to year 2000. Correlative-description design was adopted. Simple regression and t-tests were used to establish the relationships. Desai and Hines established that intensive tax planning is associated with higher firm performance. On the other hand, the study reported that tightening of the tax system is positively associated with higher market performance of firms. The findings of Desai and Hines (2002) are similar to that reported by Chen, Chen and Chen (2010). Desai and Dharmapala (2007) provided a comprehensive study that incorporates tax planning, corporate governance and firm performance. The study used 4,492 observations on 862 firms over the period 1993 to 2001. This panel data was drawn from the Compustat and Execucomp databases, merged with data on institutional ownership of firms from the CDA/Spectrum database. Firms' performance is measured using Tobin's q and governance quality is proxied by the level of institutional ownership. Tax planning is measured by inferring the difference between the income reported to capital markets and tax authorities (the book-tax-gap). Two analysis models were adopted-the OLS model and the IV estimation model. The OLS results shows that the average effect of tax planning on corporate performance is not significantly different from zero. In other words, there is no relationship between tax planning and firm performance. The study howeverreports a positive association between tax planning savings and performance for well-governed firms. Desai and Dharmapala (2007) thus concluded that corporate governance mediates the tax planning-firm performance relationship. The IV estimate shows a higher effect of corporate governance on firm performance.Abdul-Wahab (2010) provides a result that differs from the findings of Desai and Hines (2002), Desai and Dhamarpala (2009), and Chen, Chen, Chen and Shelvin. Abdul-Wahab's (2010) study sought to establish a relationship between tax planning savings of firms and their value. The study simultaneously investigates the moderating influence of corporate governance. Abdul-Wahab's study employed 240 firms listed on the London stock exchange from 2005 to 2007. Tax planning was proxied by the difference between the effective tax rate of the entities and the applicable statutory tax rates. Self-constructed governance index was constructed using corporate governance mechanisms. Firms' value was represented by the Tobin's Q. The data was analysed using panel regression analysis model. As a check, the OLS model was also used.The results indicate a negative relationship between firm value and tax planning activities. Abdul-Wahab (2010) explains the relationship with reference to tax planning cost and risk. The study suggested that tax planning cost and risks associated with tax planning have the potential of derailing the benefits that should have accrued to shareholders. The researcher maintains that as tax planning activities increase, the tax costs and risks outweighs the benefits.Due to the diversity of the relationships found between tax planning and firms' market performance, it is right to develop a null hypothesis as:H1: There is an association between tax planning and firms' market performance.It is unreasonable to suggest that tax planning is the only determinants of firm performance. Baring the existence of multicollinearity between (among) the explanatory variables, sales growth, financial leverage, firm size and age of the firms will be introduced into the regression models. Several studies, including Desai and Hines (2002), Desai and Dharmaphala (2007), Abdul-Wahab (2010) reported positive association between firm performance and sales growth, firm size and financial leverage. It is thus clear to develop the null hypothesis that:H2: Firm performance and sales growth and firm size are positively associated.Firms' age, according to Desai and Dharmapala (2007) and Abdul-Wahab (2010) has a negative association with market performance of firms. This gives rise to the third null hypothesis that:H3: Firms age and financial leverage are negatively associated with firms' market performance. 3. MethodologyLongitudinal correlative design is adopted for the study. Longitudinal design is essential if the same research entities sampled in a cross section are then re-sampled at different times (Creswell, 2009; De Vaus, 2001). According to the authors, the design helps overcome limitations associated with the "snap shot" approach of cross sectional designs.The study population comprises all non-financial firms listed on the Ghana stock exchange. As of June 2013, twenty-three (23) out of thirty-five (35) firms listed on the Ghana Stock Exchange were non-financial companies. Financial companies are excluded from the population. Previous researchers posit that the financial sector is a highly regulated sector and as such regulations blur the relationship that exist among the variables to be studied (O'Hamon & Taylor, 2007; Desai & Dharmapala, 2009; Abdul-Wahab, 2010).The study uses a panel data for twelve-year period, from 2000 to 2011. Data for the study is collected from the database of the Ghana Stock Exchange. Panel regression model is adopted fordata analysis and the Ordinary least square (OLS) been the method of regression.The regression model is summarized as: (1)α = (alpha) shows the constant affecting net profit margin on corporate tax.Tobin's q (market performance) = (market capitalization of entity) ÷ (book value of shareholders fund).Tax savings = Statutory tax rate -Effective tax rate.Statutory tax rate = flat rate as mandated by the Ghana Revenue Authority.Effective tax rate = Corporate income tax expense/profit before tax.Sgrowth (sales growth) = (Previous Sales revenue -Current sales revenue) ÷Previous sales revenue.Fsize (firm size) = Natural log of firm's total assets.fLev (Financial leverage ) = Long term debt/shareholders fund.Age (Age of firms) = log(the difference between the year of establishment and years of observation).4. Results and DiscussionFigure 1 and Table 1 presents the descriptive statistics for two key variables, namely tax planning of firms and market performance over the twelve year period.Like the statutory rate, tax savings of firms show a decreasing trend. As tax authorities take steps to reduce the tax burden on firms, the leakages in tax revenue due to firms tax planning activities reduce. From figure 1, the statutory tax rate reduced from about 32% to 25%. Tax savings of firms reduced also from 15% to 8% by 2011. That is to say each percentage point decrease in the statutory rate leads to a corresponding decrease in firms' tax planning savings.The policy implication of this finding is two-fold. Firstly, the notion of increasing tax rate in order to rake in more tax revenue may not hold. As tax rates increased, the motivation of firms to deny the state of revenue through intensified tax planning machinery is enhanced. Secondly, as the tax rate is decreased, the net benefit of planning tax is derailed. The way forward for tax revenue optimisation is to maintain lower tax rates and drag more firms into the tax net.Table 1 provides the market performance of the firms over the twelve year period.The farther the Tobin's Q is from unity, the better the company performance. From Table 1, all the company groups recorded an average score higher than 1.00. The overall average score is 1.78 (the median represents the average as skewness is negative). The high average market performance by the firms is driven by only the mining sector and the manufacturing companies. All the remaining classes of companies recorded lower than the average score.This finding confirms the observation of business persons in Ghana that business climate in Ghana gives unmatched advantage to the mining sector. The service sector records the lowest market performance. This raises a major concern as the sector is the major contributor to gross domestic product (GDP) in Ghana. Another sector to watch out for is the oil and gas. This sector has the most recent history. It was expected that the high hopes of investors in the sector after the discovery of oil in commercial quantities in Ghana would have positive influence on the performance. It is expected that the sector will be one of the major drivers of firms' market performance in the future.Table 2 provides correlation results on the variables. This result is essential for at least two reasons. Firstly, it shows basic association between the dependent variable (market performance) and theindependent variable. Secondly, it shows if the "so-called" independent variables are indeed independent. In other words, it tests the multicollinearity status of the independent variables. From Table 2, the correlation co-efficient between tax savings and Tobin's Q is 0.112. This is however significant at 0.097. This significant level is compared with the default alpha of 0.05. As rule of thumb, we reject the null hypothesis if the actual significant level is higher than the expected alpha and do not reject if the actual significant is less than the expected alpha. In this instance p-value of 0.097 is greater than the expected alpha of 0.05. The null hypothesis that:H1: There is an association between tax planning and firms' market performance is rejected.The correlation results do not suggest causation but gives an indication of association between the variables. The "no relationship" finding between tax planning and firms' market performance supports the reports of Desai and Dharmapala (2007) but differ from the findings of Desai and Hines (2002) and Abdul-Wahab (2010). The findings suggest that although savings from tax planning reflect in higher profit after tax, it does not necessarily reflect in the pocket of shareholders. This finding ignites studies aimed at uncovering factors that mediate the tax planning-firm performance relationship. Indeed, it might be the reasons behind the works of Desai and Dharmapala (2007), Desai and Dharmapala (2009) and Abdul Wahab (2010).Another finding in table 3 is the relationship between market performance (proxied by tobin's Q) and the firm specific variables. Sales growth and firm size shows positive and significant association with firms' market performance. On the other hand financial leverage and age of the firms shows a negative association with firm performance. The findingsWe do not reject the null hypotheses (H2 and H3) stated asH2: Firm performance and sales growth and firm size are positively associatedH3: Firms age and financial leverage are negatively associated with firms' market performance. Further Table 3 gives an indication that multicollinearity among the independent variables does not exist. The rule of thumb is that if the correlation coefficients between any two of the variables is above 0.50 (either positive or negative), those two variables are multi-correlated and should not be simultaneously included in the regression model. From Table 3, this condition does not exist. The variables can be regressed against the dependent variables.Table 3 shows the regression of Tobin's Q (proxy of firms' market performance) and all the independent variables.The adjusted R2 connotes that the five independent variables explain 55.3% of the variations in the dependent variable. The model is significant at 0.0001. This is a strong indicator that the variables used in the model have sufficiently explained the firms' market performance.The regression results found a relationship that is largely consistent with the correlation results shown in table 3. The results affirm that tax planning plays an insignificant role in the determination of firms' market performance. Again this supports the agency theory's argument that it not all actions of management that help achieve the wealth maximisation objective of management. From the results sales growth and the financial leverage are the two most influential variables. Firms should maintain low financial leverage ratio and pursue sales growth strategies in order to boost their market performance.5. ConclusionsThe study sought to ascertain the level of tax planning of firms and to explore the relationship between tax planning and firms' market performance. The study used 22 non-financial companies over a twelve year period from 2000. The longitudinal correlative designed was used. Thefollowing conclusions are reached.Firstly firms' tax savings decrease as tax authorities reduce the statutory corporate income tax rates. This indicates that leakages in tax revenue as a result of intensive tax planning of firms reduce when tax authorities maintain low corporate income tax rates.Secondly, tax planning has a neutral influence on firms' performance. This finding challenges the general perception that every cedi of tax savings from tax planning reflect in the pocket of investors. Agency problem is much present in the issue of tax planning. The efforts of management to reduce tax burden of firms benefit other stakeholders rather than shareholders. There may be other factors that could ensure that substantial benefits of tax planning accrue to shareholders. Some researchers arguably, root for good corporate governance. This falls outside the scope of this study.Finally, sales growth, firm size, age of firms, financial leverage and tax planning simultaneously play a major role in determining firms' market performance. These variables explain 55.3% of the variations in firms' market performance. Sales growth and financial leverage are the two most influential variables that determine firm market performance.References二、文献综述企业纳税筹划文献综述摘要:20 世纪以来并购已经成为企业快速扩张和整合的重要手段之一。
《税务筹划》内刊(2014年1——4月汇编)汇总目录一、基金公司成立税务答疑;二、股权转让的纳税风险税务答疑;三、私车公用的财务处理的答复;四、重庆出租房屋涉及的税费;五、残疾人基金的管理办法;六、西部大开发企业所得税优惠政策;七、房地产企业2014年1月税收新政;八、重庆市地方税务局关于土地增值税核定征收率的公告;九、关于合同违约金的涉税分析;十、基业控股公司税务筹划体系;十一、企业发生的合理的工资薪金的界定;十二、税务筹划:甲供材料的财税处理十三、房地产税务筹划。
主要内容汇编问题一:基金公司成立税务答疑问题描述:(一)扩股公司基本情况重庆中基担保有限公司成立日期:2011年8月1日,公司经营范围:贷款担保、票据贴现担保、贸易融资担保、项目融资担保、信用证等融资担保业务、兼营诉讼保全担保业务、履约担保业务、与担保业务有关的融资咨询、财务顾问等中介费等。
注册资本情况及股东组成情况:2013年9月28日被审计单位召开股东会,新股东组成情况及股权比例参见附表。
附表一:股权结构统计表股东名称股东性质股权金额(万元)股权比例备注重庆基业控股(集团)有限公司法人股东17,420.00 67% 杜淑英自然人股东5,200.00 20%杨鹤自然人股东2,600.00 10%方勇自然人股东650.00 2.5%刘阳欣自然人股东130.00 0.5%合计26,000.00 100.00%为了扩大企业经营规模,同时配合公司未来7年后上市准备的需要,拟在2014年增资扩股,扩股金额5.4亿元,股权总额达到8亿元(未来3年股权总额12亿元、未来5年股权总额20亿元)。
(二)资金来源为了解决资金的来源,扩股公司拟选择一批具备经营和投资实力的优秀企业客户,一方面作为投资主体,另一方面,担保公司可为这些企业客户做扩大担保业务;但作为选定的投资企业无论作为自然人还是企业法人,直接投资担保公司,在贷款银行审核时将认定为关联企业的关联交易,难以获得审批通过。
(三)投资主体为了解决企业客户直接投资金融审核的实际问题,我们拟新设立【xx 股权投资基金合伙企业+(有限合伙)公司】作为投资扩股主体,该新设企业由原客户企业主选定自然人做投资主体,对基金公司进行投资设立,以规避关联企业既作为投资人又作为申请放大担保人而造成的金融银行对关联关系带来的政策审核风险。
(四)利润分配:新设公司作为投资公司,受资企业(中基)对于其投资进行利润分配。
请问:(一)用这种操作模式达到增资扩股是否可行、(二)对新设立公司(股权投资个人合伙基金公司,以下简称基金公司)的设立、股权构成、资本金投入、再投资等有什么政策性要求?(三)对基金公司设立性质、运作方式有何建议?(四)对基金公司在税务筹划上因行业、地域、公司设立性质等有无税务筹划的优化选择?(五)对基金公司采取合伙企业制形式,在财务管理上以及最后税费缴纳上以及审计方面需特别注意的地方?问题二,股权转让的纳税风险税务答疑问题描述:(一)A、B两个无关联有限公司用现金投资成立C房地产开发公司,A 占C公司实收资本20%,B占C公司实收资本80%,C公司成立至今无赢利,于2013年底拍得一块土地并进行开发,现在B平价转让30%C公司股份给A公司,转让时未对C公司的进行评估,请问针对C公司股权转让会涉及到除缴纳印花税的那些纳税风险?问题提出:个人意见:由于C公司的土地购得的时间不长(半年之内)其资产没有增值,只需缴纳印花税,没有其他的纳税风险。
问题解答:高教授:如果股权转让价格真实且股权转让具有商业目的,无任何风险。
不需要缴纳所得税。
税务机关质疑时把转让原因说出来即可。
问题三:私车公用的财务处理的答复;(一)、公司与员工签订租赁合同但若无偿使用会有税务风险,税务机关可能会核定租金要求纳税。
在租赁合同中约定使用个人汽车所发生的费用由公司承担。
租赁支出和承担的费用能取得发票。
员工取得租金可以申请税务机关f8费用支出属于使用汽车发生的,对应该由员工个人负担的费用不能在企业所得税前列支。
可以在所得税前列支的汽车费用包括:汽油费;过路过桥费;停车费。
不可以在所得税前列支的汽车费用包括:车辆保险费;维修费;车辆购置税;折旧费等。
(二)、以下是部分地区的税务规定,可以参考:北京地税的规定:& ^( [# B O$ x) i《关于明确若干企业所得税业务政策问题的通知》(京地税企[2003]646号)问题三条规定,对纳税人因工作需要租用个人汽车,按照租赁合同或协议支付的租金,在取得真实、合法、有效凭证的基础上,允许税前扣除;对在租赁期内汽车使用所发生的汽油费、过路过桥费和停车费,在取得真实、合法、有效凭证的基础上,允许税前扣除。
其它应由个人负担的汽车费用,如车辆保险费、维修费等,不得在企业所得税税前扣除。
" a& E) C' b$ F, r, h江苏国税的规定:江苏省国家税务局《关于企业所得税若干具体业务问题的通知》(苏国税发[2004]097号)规定,“私车公用”发生的费用应凭真实、合理、合法凭据,准予税前扣除,对应由个人承担的车辆购置税、折旧费以及保险费等不得税前扣除。
大连地税的规定:9 w- v$ N+ I5 S6 [' q《大连市地方税务局关于印发〈企业所得税若干问题的规定〉的通知》(大地税发[2004]198号)问题九条规定,纳税人以承担修理费、保险费、养路费、油费等方式有偿使用,包括投资者在内个人的房屋、交通工具、设备等其相应支出不允许税前扣除。
如确属租赁性质应按双方签订的合规的书面租赁合同,凭相关发票,其相关费用允许税前扣除。
(三)、对私车公用问题,是否签订租赁合同,决定了公司和个人如何缴纳所得税。
要降低私车公用的税收负担,包括企业所得税和个人所得税,可以考虑以下几个方面:1.采用租赁的方式,公司与员工签订租赁合同;: c3 @8 C3 G# L U2.支付汽车费用避免采用员工报销的形式;3.员工可以用汽车投资入股;4.员工可以将汽车卖给公司,只要售价不超过原值,免征增值税。
) z* v 6 d采用3、4两种方式的不仅所有的费用在所得税前列支没有问题,固定资产还可以计提折旧在所得税前扣除。
(四)、注意企业处理费用方式不同,对应的税务处理不同:1、以费用报销、或补贴形式处理:根据《国家税务总局关于企事业单位公务用车制度改革后相关费用税前扣除问题的批复》(国税函〔2007〕305号)规定:“企事业单位公务用车制度改革后,在规定的标准内,为员工报销的油料费、过路费、停车费、洗车费、修理费、保险费等相关费用,以及以现金或实物形式发放的交通补贴,均属于企事业单位的工资薪金支出,应一律计入企事业单位的工资总额,按照现行的计税工资标准进行税前扣除。
”2008年1月1日起执行新企业所得税法,《中华人民共和国企业所得税法实施条例》第三十四条规定:企业发生的合理的工资薪金支出,准予扣除。
前款所称工资薪金,是指企业每一纳税年度支付给在本企业任职或者受雇的员工的所有现金形式或者非现金形式的劳动报酬,包括基本工资、奖金、津贴、补贴、年终加薪、加班工资,以及与员工任职或者受雇有关的其他支出。
第二十七条对所称合理的支出进一步解释,是指符合生产经营活动常规,应当计入当期损益或者有关资产成本的必要和正常的支出。
新企业所得税法取消计税工资限定后,对国税函[2007]305号文件对为员工报销的在规定标准内的各项费用已没有了限定,但如果以后总局对此有文件明确规定限定标准的,以之后的文件为准。
2、以租赁关系处理:对纳税人因工作需要租用个人汽车,按照租赁合同或协议支付的租金,在取得真实、合法、有效凭证的基础上,允许税前扣除;对在租赁期内汽车使用所发生的汽油费、过路过桥费和停车费,在取得真实、合法、有效凭证的基础上,允许税前扣除。
其它应由个人负担的汽车费用,如车辆保险费、维修费等,不得在企业所得税税前扣除。
各地区几乎也是参照此种方式执行,但各地区税务局对保险费的执行都几乎保持一致。
(五)租赁发票的开具:持出租人身份证所在地税务所代开租赁发票,应填写《重庆市地方税务局代开发票申请表》,并提供相关证明材料。
相关证明材料包括:(1)申请人个人的身份证明及其复印件;(2)发生经营业务的合同、协议或付款方的书面确认材料。
个人租赁设备代开发票税率7.6%,单次或月累计1万元以上实行按实征收。
具体税率参照当地税务机关规定执行。
问题四:重庆出租房屋涉及的税费;房屋出租缴纳税款分以下四种情况。
(一)个人出租非住房(商铺、写字间等)应缴纳以下税款:1、房产税:以租金收入12%计算缴纳。
(根据《中华人民共和国房产税暂行条例》问题四条的规定)2、营业税:以租金收入的5%计算缴纳。
(根据《中华人民共和国营业税暂行条例》税目税率表)3、城市维护建设税及教育费附加:以实际缴纳的营业税税额乘以城建税率(按纳税人所在地不同适用7%、5%、1%三档税率)和教育费附加率3%计算缴纳。
4、个人所得税:按财产财租赁所得,每次收入不超过四千元的,减除费用八百元;四千元以上的,减除百分之二十的费用,其余额为应纳税所得额,税率是20%。
(根据《中华人民共和国个人所得税法》问题三条和问题六条及《中华人民共和国个人所得税法实施条例》问题八条和问题二十一条的规定);重庆采用核定个税税率0.7%;5、印花税:按财产租赁合同按租赁金额千分之一贴花。
税额不足1元,按1元贴花。
(根据《中华人民共和国印花税暂行条例》及印花税税目税率表)6、税率:⑴非核定个税:综合税费率=12%+5%+5%×(7%+2%+3%)+0.1%+(20%-17.7%)×20%×80%=18.068%;⑵核定个税:综合税费率=12%+5%+5%×(7%+2%+3%)+0.1%+0.7%=18.30%;(二)个人出租住房应缴纳以下税款:根据财税〔2008〕24号文件(对房产税、营业税、个人所得税、城镇土地使用税、印花税分别做以下优惠):1、房产税:以租金收入4%计算缴纳。
2、营业税:3%税率的基础上减半(即1.5%)计算缴纳。
3、城市维护建设税及教育费附加:以实际缴纳的营业税税额乘以城建税率(按纳税人所在地不同适用7%、5%、1%三档税率)和教育费附加率3%计算缴纳。
4、个人所得税:对个人出租住房取得的所得暂减按10%的税率征收个人所得税。
财产租赁所得,每次收入不超过四千元的,减除费用八百元;四千元以上的,减除百分之二十的费用,其余额为应纳税所得额。
重庆采用核定个税:税率0.05%5、免征城镇土地使用税。
6、免征印花税。
⑴非核定个税:综合税费率=4%+1.5%+1.5%×(7%+2%+3%)+(10%-5.68%)×10%=5.68%+0.432%=6.112%;⑵核定个税:综合税费率4%+1.5%+1.5%×(7%+2%+3%)+0.05%=5.73%注:每次收入不超过4000元的,减除费用800元;4000元以上的,减除20%的费用,其余额为应纳税所得额。