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Questions about individual businesses and personal income tax approach
Questions about individual businesses and personal income tax approach
First, the "individual businesses and personal income tax measures" the State Administration of Taxation issued Decree 35 in which the scope of individual businesses?
A: The individual businesses include: legally obtained business licenses of individual industrial and commercial households, individual businesses engaged in production and management; approved by the relevant government departments engaged in education, medical care, counseling and other services activities for individuals; other individuals engaged in individual production operations . Individual business owner to the personal income tax the taxpayer.
Second, individual industrial and commercial households taxable income is calculated in principle?
A: The individual business taxable income calculated to accrual principle. Income and expenses belong to the current individual industrial and commercial households, regardless of whether the payment amounts are as current income and expenses; do not belong to the current period's income and expenses, even if the payment amount has been in the current period, are not as current income and expenses. This approach and the Ministry of Finance, State Administration of Taxation, except as otherwise provided.
When calculating taxable income, individual industrial and commercial households accounting treatment with this approach and the Ministry of Finance, State Administration of Taxation inconsistent with the relevant provisions shall be calculated in accordance with the relevant provisions of this approach and the Ministry of Finance, State Administration of Taxation.
Third, the production of business income taxable income of individual businesses and how to calculate?
A: The production and operating income of individual industrial and commercial households, total income in a tax year, deducting costs, expenses, taxes, losses and other expenses and allowing the balance to make up for losses after the previous year, the taxable income.
Fourth, the total income of the individual businesses and what does it mean?
A: The individual businesses engaged in production as well as production and business-related activities (hereinafter referred to as the production and operation) monetary and non-monetary forms obtained in the form of the income for the total income.
Fifth, the total income of the individual businesses have what?
A: The total income of individual industrial and commercial households include: income from selling goods, providing labor services, transfer of property income, interest income, rental income, donations income, other income. Other income includes the above-mentioned individual businesses and assets of more than overflow revenue, not more than one year overdue return deposit on packaging revenue are genuinely unable to pay the amount due has been treated as bad debt losses after uncollectible receivables, debt restructuring, income, subsidy income, penalty income, foreign exchange gains and the like.
Sixth, the costs of individual businesses What?
A: The cost is the cost of sales occurring in the individual business production and business activities, cost of goods sold, operating expenses and other consumption.
Seven, expenses individual businesses What?
A: The costs refer to the costs except for individual businesses selling expenses occurring in production and business activities, administrative expenses and financial costs have been included in the cost.
Eight, tax individual businesses What?
A: In addition to the tax refers to personal income tax and the VAT deductible tax individual businesses occurring in production and business activities and additional.
Nine, the loss of individual businesses What?
A: The loss means the shortage of individual industrial and commercial households occurred in production and business activities of fixed assets and inventory, damage, scrap, loss of force majeure transfer of property losses, bad debt losses caused by natural disasters and other losses.
Ten, the loss of individual businesses and how to deal with?
A: The loss of individual industrial and commercial households occurred, subtraction responsible for compensation and insurance claims after the balance referring to the Ministry of Finance, State Administration of Taxation on corporate assets tax deduction loss provisions deducted.
Individual industrial and commercial households already treated as a loss of assets, when the taxable year later to recover all or part of the withdrawal shall be included in the income of the current period to recover.
XI. Other expenses individual businesses What?
A: The other expenses refers to production and business activities, in addition to the cost of reasonable expenses, expenses, taxes, losses, individual industrial and commercial households occurred in production and business activities.
XII revenue expenditure and capital expenditure of individual businesses how to divide?
A: Expenditure individual industrial and commercial households occur should distinguish between revenue expenditure and capital expenditure. Revenue expenditure in the current period deducted directly; capital expenditures should be periodically deducted or included in the relevant asset costs can not be deducted in the current period. Above expenditure it refers to obtain revenue directly related to expenditure.
Subject to the provisions of tax laws and regulations, the actual cost of individual industrial and commercial households, expenses, taxes, losses and other expenses, it shall not be deducted.
XIII content of individual businesses may not deduct what?
A: A total of eight. Individual businesses may not deduct the following expenditures: personal income tax; tax fines; fines, penalties and loss of confiscated property; do not meet the prescribed deduction donations; sponsorship expenditure; expenditures for individuals and families; and to achieve the production and operation income other expenses unrelated; State Administration of Taxation expense deduction allowed.
Fourth, how to divide the individual business production and business activities and family property, expenses?
A: The individual business production and business activities, production and operating expenses shall be accounted for and the individual, family expenses. For production and management of personal and family life mix difficult to distinguish the cost of 40% of its production and operation deemed related costs may be deducted.
XV individual business losses can be carried forward tax year occurred a few years?
A: The individual business loss in a taxable year may be carried forward to subsequent years, to make up with the resulting production and operation of future years, but the carry-forward period not exceeding five years.
Loss refers to the individual industrial and commercial households calculated in accordance with the provisions of the income taxable amount is less than zero.
Sixteen individual businesses should be how to deal with the cost of inventories?
A: The individual business use, or sale of inventory, inventory costs calculated in accordance with the provisions deducted when calculating taxable income.
XVII individual business when the transfer of assets deducted how?
A: The individual businesses and transfer of assets, the net assets may be deducted when calculating taxable income.
Eighth, wages and salaries of individual businesses how deduction?
A: The individual industrial and commercial households actually paid to employees, fair wages and salaries payments are deductible. Individual business owners to deduct the cost of the standard, in accordance with relevant laws, regulations and policies implemented. Of wages and salaries individual business owners may not be deductible.
Ninth, individual industrial and commercial households, "a perfect insurance policy" how deduction?
A: The basic old-age insurance in accordance with the scope of individual industrial and commercial households and standards relevant competent departments under the State Council or provincial people's government for its owners and employees in pay, basic medical insurance, unemployment insurance, maternity insurance, industrial injury insurance and housing provident fund deducted.
XX individual industrial and commercial households supplementary pension insurance and medical insurance deduction standard is how much?
A: The individual businesses and employees pay for the supplementary pension insurance, supplementary medical insurance, respectively, in not more than 5% of the total wages of employees part of the standard within deducted; excess can not be deducted. Individual business owners pay the supplementary pension insurance, supplementary medical insurance, 3 times local (prefecture-level cities) last year the average wage for the calculation of the base, respectively, in not more than 5% of the base part of the calculation of the standard within data real deductions; the excess can not be deducted.
XXI individual industrial and commercial households whether commercial pension insurance deduction?
A: In addition to individual businesses and other commercial insurance in accordance with relevant state regulations to pay for the safety of special types of insurance practitioners and the Ministry of Finance, State Administration of Taxation deductible, the individual business owners themselves or pay for practitioners of business premiums are not deductible.
XXII, the borrowing costs of individual businesses how deduction?
A: The sound does not require the capitalization of borrowing costs for individual businesses occurring in production and business activities are deductible.
Individual industrial and commercial households for the acquisition, construction of fixed assets, intangible assets and after 12 months of construction to achieve the intended sale inventory occurred borrowing and reasonable borrowing costs incurred in the acquisition of the assets, during construction, as capital expenditure is included in the cost of the assets, and in accordance with the provisions hereof deductions.
Xxiii, interest expense of individual industrial and commercial households how deduction?
A: A total of two. The following interest payments occur at individual business production and business activities, may be deducted: Interest expense from financial companies borrowing; interest payments to non-financial enterprises and individuals borrowing does not exceed the amount of financial enterprises according to the same period of similar lending rate calculation portion .
XXIV exchange losses of individual businesses how deduction?
A: The individual industrial and commercial households in monetary transactions, and at the end of the tax year monetary assets and liabilities other than RMB exchange losses generated during the conversion of RMB RMB exchange rate in accordance with the end of the spot, has been included in the outer part of the cost of assets related to inter deducted.
XXV, labor union funds, individual industrial and commercial households, welfare expenditure, employee education expenditure deduction standard for how much?
A: The union funds to individual businesses and the local trade unions set aside to pay, the employee benefits expenses actually incurred, employee education expenditure at 2% respectively of the total wage salaries, 14%, 2.5% of the standard deducted. Among them, the actual amount of occurrence employee education expenses exceed the amount of the proportion of the current provisions can not be deducted, the deduction allowed to be carried forward at a later tax year.
Total wages and salaries refers allowed amount of wages and salaries in the current tax deduction.
Individual business owners own trade union funds paid to the local trade unions, welfare expenditure actually incurred, employee education expenditure to 3 times local (prefecture-level cities) last year the average wage for the calculation of the base, in the predetermined ratio within deducted.
XXVI, individual businesses and business entertainment expenses deduction standard is how much?
A: The production and business activities related to hospitality business individual businesses occurred, according to 60% of the actual amount of the deduction, but can not exceed the sales (business) income of 5 ‰. Owner of the business license filing date until the date of the beginning of the production run of the hospitality business that occurred, according to 60% of the actual amount of start-up costs included in individual industrial and commercial households.
Xxvii, individual business advertising and business promotion expenses deduction standard is how much?
A: Each individual business tax with their production and business activities directly related to advertising and business promotion expenses for the year does not exceed 15% of the sales (business) income portion of the year can be deducted; excess, grant tax year later carryover deduction.
Xxviii, individual businesses and their employees or others on behalf of the tax burden on the possibility of tax deduction?
A: The individual businesses and their employees or others on behalf of the tax burden, not deductible.
XXIX booth fee individual industrial and commercial households required to pay the administrative fees, association fees will be deducted from the possibility?
A: The booth fee in accordance with the provisions of individual industrial and commercial households pay administrative fees, association dues, according to the actual deductions.
Thirty, individual businesses and fixed assets leased rental fee paid by how deduction?
A: The individual businesses and lease according to production and business activities of the rental fee paid by fixed assets, net of the following two methods: the operating lease rental expenses into fixed assets, according to the lease term uniform deduction; finance leases rented lease expenses of fixed assets, in accordance with the provisions constitute financing leased fixed assets depreciation expense should be part of installments deducted.
Xxxi, property insurance and labor protection expenditure of individual businesses whether deductions?
A: The individual businesses to participate in property insurance premiums paid in accordance with the provisions deducted. Reasonable labor protection expenditure individual industrial and commercial households occurred may be deducted.
Xxxii start-up costs of individual businesses how deduction?
A: The individual businesses and business license from the filing date of the start of production until the date of the occurrence of operating expenses in line with the provisions, in addition to acquire fixed assets, intangible assets, expenses, and exchange gains and losses should be included in the value of assets, interest expenses, as start-up costs, individual businesses can choose at the beginning of the production and operation of a one-time deduction of the year, but also from the production of starting operations in January amortization of not less than three years duration, but once selected, shall not be changed.
Began production date of operation has made its first sale date (business) income of individual industrial and commercial households.
33 or donations of individual businesses how deduction?
A: The individual businesses through public welfare organizations or above the county level people's governments and their departments for the "People's Republic of China Public Welfare Donations Law" stipulates that the public welfare donations, donation came not exceed 30% of its taxable income portion may be deducted.
Ministry of Finance, State Administration of Taxation can donate items of expenditure in the full tax deduction, in accordance with relevant regulations.
Thirty - four, individual businesses and research and development of new products, new technologies and equipment purchased in the calculation of how personal income tax deduction?
A: In order to increase individual industrial and commercial households support R & D investment, the new "tax measures" will be used for research and development of individual industrial and commercial households disposable single equipment standard tax deduction of value from $ 50,000 up to $ 100,000. Namely: the individual businesses and research and development of new products, development costs of new technologies, new processes that occur, as well as research and development of new products, new technologies and the purchase of a single value at acquisition costs 100,000 yuan testing equipment and experimental equipment grant direct deduction; single-value test equipment and pilot plant (10 million) of 10 million yuan, fixed asset management, can not be deducted in the current period.
Xxxv based on what individual business assets tax treatment is?
A: The tax treatment of individual businesses and assets, corporate income tax by reference to the relevant laws, regulations and policies.
XXXVI, individual industrial and commercial households have two or two or more operators choose which of the competent tax authorities to declare?
A: There are two individual businesses two or more operators choose and secured thereto an operating agency local competent tax authorities to pay personal income tax.
Of 37 individual industrial and commercial households termination of production and operation, how should the competent tax authorities for the relevant procedures?
A: The termination of the production and operation of individual businesses, it should be in the business registration or cancellation of the government departments concerned before the cancellation of the tax authorities to settle tax-related matters.
Xxxviii new "tax approach" when it started?
A: The "individual businesses and personal income tax approach" (State Administration of Taxation Order No. 35) shall become effective on January 1, 2015. State Administration of Taxation March 26, 1997 "issued by the State Administration of Taxation on the issuance of" individual businesses and personal income tax (Trial) "notice" (Guo Shui Fa [1997] No. 43) shall be repealed simultaneously.