The report of the 20th National Congress of the Communist Party of China pointed out that we must adhere to the principle that science and technology are the primary productive forces, talent is the first resource, and innovation is the first driving force. In order to further support the innovation and development of high-tech enterprises, the state has introduced many support policies, and the following Xiaobian will take you to understand the relevant knowledge of preferential policies for high-tech enterprises in the final settlement~
I. Policy Overview
(1) High-tech enterprises that need to be supported by the state shall be subject to enterprise income tax at a reduced rate of 15%.
Policy basis: Paragraph 2 of Article 28 of the Enterprise Income Tax Law of the People's Republic of China
(2) For high-tech enterprises in the Special Economic Zone and Shanghai Pudong New Area that need to be supported by the state after January 1, 2008 (inclusive), the income obtained in the Special Economic Zone and Shanghai Pudong New Area shall be exempted from enterprise income tax from the first year to the second year from the tax year in which the first production and operation income is obtained, and the enterprise income tax shall be levied at half the statutory rate of 25% from the third to the fifth year.
Policy basis: Notice of the State Council on the Implementation of Transitional Tax Incentives for New High-tech Enterprises in Special Economic Zones and Pudong New Area of Shanghai (Guo Fa [2007] No. 40)
(3) Starting from January 1, 2018, enterprises with the qualifications of high-tech enterprises or technology-based small and medium-sized enterprises (hereinafter referred to as "qualifications") in the current year shall be allowed to carry forward the losses incurred in the five years prior to the qualification year to make up for the losses incurred in the following years, and the maximum carry-forward period shall be extended from 5 years to 10 years.
Policy basis:
1. Notice of the Ministry of Finance and the State Administration of Taxation on Extending the Loss Carry-forward Period for High-tech Enterprises and Technology-based Small and Medium-sized Enterprises (CS [2018] No. 76)
2. Announcement of the State Administration of Taxation on Issues Concerning the Treatment of Enterprise Income Tax on Extending the Period of Loss Carry-over and Compensation for High-tech Enterprises and Technology-based Small and Medium-sized Enterprises (Announcement No. 45 [2018] of the State Administration of Taxation)
(4) High-tech enterprises that apply for and have been recognized based on the total R&D expenses, total income, total sales revenue, and income from high-tech products (services) related to all domestic and overseas production and business activities can enjoy the preferential income tax policy for high-tech enterprises on their income from overseas sources, that is, they can pay enterprise income tax at a preferential rate of 15% on their overseas income, and the total amount of tax payable at home and abroad can be calculated at a preferential tax rate of 15% when calculating the overseas credit limit.
Policy basis: Notice of the Ministry of Finance and the State Administration of Taxation on Issues Concerning the Applicable Tax Rates and Tax Credits for Overseas Income of High-tech Enterprises (CS [2011] No. 47)
2. Frequently Asked Questions
High-tech enterprises in the process of enjoying the policy
What should I be aware of?
Let's take a look!
01. What conditions must be met at the same time to be recognized as a high-tech enterprise?
To be recognized as a high-tech enterprise, the following conditions must be met at the same time:
(1) The enterprise must be registered for more than one year when applying for recognition;
(2) The enterprise obtains the ownership of the intellectual property rights that play a core supporting role in the technology of its main products (services) through independent research and development, transfer, donation, merger and acquisition, etc.;
(3) The technologies that play a core supporting role in the main products (services) of the enterprise fall within the scope of the provisions of the "High-tech Fields Supported by the State";
(4) The proportion of scientific and technological personnel engaged in R&D and related technological innovation activities in the total number of employees of the enterprise in the current year shall not be less than 10%;
(5) The proportion of the total R&D expenses of the enterprise in the past three fiscal years (if the actual operating period is less than three years, calculated according to the actual operating time, the same below) to the total sales revenue of the same period meets the following requirements:
1. Enterprises with sales revenue of less than 50 million yuan (inclusive) in the latest year, the proportion shall not be less than 5%;
2. Enterprises with sales revenue of 50 million yuan to 200 million yuan (inclusive) in the latest year, the proportion shall not be less than 4%;
3. Enterprises with sales revenue of more than 200 million yuan in the latest year shall not be less than 3%.
Among them, the total R&D expenses incurred by the enterprise in China shall not be less than 60% of the total R&D expenses;
(6) The proportion of high-tech products (services) revenue in the total revenue of the enterprise in the same period shall not be less than 60%;
(7) The evaluation of the enterprise's innovation ability should meet the corresponding requirements;
(8) The enterprise has not had any major safety or quality accidents or serious environmental violations within one year prior to the application for recognition.
02. When can I enjoy the discount?
The qualification of high-tech enterprises that have passed the certification is valid for three years from the date of issuance of the certificate. After the enterprise obtains the qualification of high-tech enterprise, it can enjoy tax incentives from the year in which the high-tech enterprise certificate is issued.
03. How to handle the preferential enterprise income tax for high-tech enterprises?
According to the Announcement of the State Administration of Taxation on Issues Concerning the Implementation of Preferential Income Tax Policies for High-tech Enterprises (Announcement No. 24 of 2017 of the State Administration of Taxation) and the Announcement of the State Administration of Taxation on Issuing the Revised <企业所得税优惠政策事项办理办法>Measures (Announcement No. 23 [2018] of the State Administration of Taxation):
After the enterprise obtains the qualification of high-tech enterprise, it shall apply for preferential treatment from the year of issuance time indicated in the high-tech enterprise certificate; Enterprises enjoy preferential treatment by adopting the method of "self-judgment, declaration and enjoyment, and retention of relevant materials for future reference".
Main information to be retained for future reference:
Preferential tax rate for high-tech enterprises
1. High-tech enterprise qualification certificate;
2. Identification materials of high-tech enterprises;
3. Intellectual property related materials;
4. The description of the technology in which the main products (services) play a core supporting role in the year belong to the scope of the "High-tech Fields Supported by the State", and the information of high-tech products (services) and corresponding income;
5. Proof of annual employees and scientific and technological personnel;
6. The total amount of R&D expenses in the current year and the previous two fiscal years and the proportion of sales revenue in the same period, R&D expense management information and R&D expense auxiliary accounts, and a detailed statement of R&D expense structure.
Newly established high-tech enterprises in the special economic zone are given preferential treatment of "two exemptions and three halves".
1. High-tech enterprise qualification certificate;
2. Identification materials of high-tech enterprises;
3. Intellectual property related materials;
4. The description of the technology in which the main products (services) play a core supporting role in the year belong to the scope of the "High-tech Fields Supported by the State", and the information of high-tech products (services) and corresponding income;
5. Proof of annual employees and scientific and technological personnel;
6. The total amount of R&D expenses in the current year and the previous two fiscal years and the proportion of sales revenue in the same period, R&D expense management information, R&D expense auxiliary accounts, and R&D expense structure schedule;
7. The newly established enterprise obtains the first production and operation income voucher (original voucher and accounting processing voucher);
8. Accounting information obtained from within and outside the district.
04. How to handle the preferential treatment of enterprise income tax for high-tech enterprises?
In the year when the qualification of high-tech enterprise expires, before passing the re-identification, the enterprise income tax shall be temporarily paid in advance at the rate of 15%, and if the qualification of high-tech enterprise has not been obtained before the end of the year, the tax for the corresponding period shall be paid according to the regulations.
05. Can the income obtained by the newly established high-tech enterprises in the special economic zone outside the zone enjoy the preferential treatment of "two exemptions and three halves"?
If a newly established high-tech enterprise in the Special Economic Zone and Shanghai Pudong New Area is engaged in production and operation in areas outside the Special Economic Zone and Shanghai Pudong New Area at the same time, the income obtained in the Special Economic Zone and Shanghai Pudong New Area shall be calculated separately, and the period expenses of the enterprise shall be reasonably apportioned; If it is not calculated separately, it shall not enjoy the preferential enterprise income tax.
06. How to determine the qualification year for extending the loss carry-forward period?
High-tech enterprises shall determine the year in which they are qualified according to the year of validity indicated in the high-tech enterprise certificate they have obtained.
For example, for a high-tech enterprise, the certificate indicates that the certificate was issued on September 17, 2018 and is valid for 3 years. According to relevant policies, 2018, 2019, 2020 and 2021 are eligible years.
Recommended in the past
1. Notice on the 2023 annual enterprise income tax final settlement
2. Topic 2 of Enterprise Income Tax Final Settlement 丨One-time deduction policy for fixed assets
3. Enterprise income tax final settlement topic 3丨Depreciation and deduction policy for fixed assets
4. Topic 4 of enterprise income tax final settlement | Preferential income tax policies for small and low-profit enterprises
5. Topic 5 of enterprise income tax final settlement丨Pre-tax deduction ratio of common expenses
6. Enterprise Income Tax Final Settlement Topic 6丨Pre-tax Deduction Voucher (1)
7. Enterprise Income Tax Final Settlement Topic 6丨Pre-tax Deduction Voucher (2)
8. Enterprise Income Tax Final Settlement Topic 6丨Pre-tax Deduction Voucher (3)
9. Enterprise Income Tax Final Settlement Topic 6丨Pre-tax Deduction Voucher (4)
10. Provisions on revenue recognition of enterprise income tax final settlement topic 7丨
11. Enterprise income tax final settlement and payment topic 8丨Wages and salaries
12. Enterprise income tax final settlement and payment topic 9丨Interest expense
13. Special topic 10 of enterprise income tax final settlement丨Non-taxable income
14. Enterprise income tax final settlement topic 11丨R & D expenses additional deduction (1)
15. Enterprise income tax final settlement topic 11丨R & D expenses plus deduction (2)
16. Enterprise income tax final settlement topic 12丨Pre-tax deduction of asset losses
17. Enterprise income tax final settlement and payment of special topic 13丨Employee education funds
18. Special Topic 14 of Enterprise Income Tax Final Settlement and Payment丨Enterprise Income Tax Treatment and Declaration of Corporate Partners
19. Topic 15 of enterprise income tax final settlement丨Handling fees and commission expenses
20. Special Topic 16 of Enterprise Income Tax Final Settlement and Payment丨Cross-regional Operation Summary Tax General Branch Agency Enterprise Income Tax Declaration and Filing Management