How to deal with the long-term transactions between enterprises and shareholders, enterprises and other individuals, and enterprises and enterprises? Combined with the reply of the tax bureau, the editor has summarized it all for you!!
01. How to deal with the loans between enterprises and shareholders?
1. Shareholders lend money to the enterprise
At this time, the "Other Payables" account is recorded in the company's books. In many cases, the enterprise may not have the ability to repay the shareholder loans, but there are tax risks in long-term accounting, so the following methods can be referred to:
1. Debt-to-equity swap increases the paid-in capital of the enterprise
In this way, not only does the company not need to repay the loan, but it also does not need to pay corporate income tax.
However, the following points should be paid attention to in the debt-to-equity swap:
Accountants must pay attention to the fact that when the company borrows money from natural person shareholders, it must improve the full borrowing procedures and have the flow of borrowed funds, so that it can be converted into equity in the future.
2. The shareholder gives up the creditor's rights and converts it into the income of the enterprise
This generally happens during the period of liquidation of the business. There was such a message on 12366:
In other words, if the shareholders give up their creditor's rights, the enterprise will face the problem of corporate income tax.
3. Profits as unpaid shareholders
Some enterprises have "other payables - natural person shareholders", which actually belongs to the company that has made a profit distribution plan and has not paid the profits of shareholders, in this case, the enterprise has to withhold and pay the individual income tax of shareholders. The accounting treatment is as follows:
Adjustment of Accounts:
Borrow: Other payables - shareholders 10 million yuan
Credit: Dividends payable - shareholders 10 million yuan
Payment of dividends:
Borrow: Dividends payable - shareholders 10 million yuan
Credit: Bank deposit of 8 million yuan
Tax payable - individual income tax of 2 million yuan
2. The enterprise borrows money to shareholders
1. What are the suggestions for shareholders to borrow money from enterprises?
2. How can shareholders "safely" take money from the company?
(1) Withdrawal of the company's pre-tax expenses
For companies, there are some expenses that can be charged before tax. However, the conditions that need to be met are related to the company's production and operation, and are legal and reasonable.
Specific to shareholders, there can be some of the following matters:
(1) Shareholder's salary: Shareholder can also be an employee of the company. Then it is natural to receive a salary. Through the payment of wages and year-end bonuses, the personal income tax of shareholders will be reduced to about 10%. Because there are individual exemptions and special additional deductions, then a part of the individual income tax can be credited accordingly.
(2) Receiving a reserve: If the shareholders can have a reserve according to the company system, then it is reasonable. However, it should be noted that the amount of the reserve must comply with the company's regulations, and the invoices to be offset in the later period must be related to the production and operation of the enterprise. It can't be offset against expenses that are not related to the family.
(3) Direct reimbursement: Shareholders' travel expenses and business entertainment expenses related to production and operation can be reimbursed according to the company's system after actual consumption. However, do not report personal expenses that do not meet the regulations, because the company cannot deduct them before tax.
(4) Asset use fees: For example, if a shareholder has a loan to the enterprise, then a contract should be signed in accordance with the regulations, and the company will pay interest to the shareholder; Or if the company uses other assets of the shareholders and leases them, then the rent should also be paid to the shareholders. In this case, you need to pay personal income tax, and the tax rate is 20%, which is relatively high.
(2) After-tax profit distribution
The distribution of after-tax profits is dividends. But there are different divisions for dividends.
(1) Direct shareholding by shareholders: If dividends are directly distributed to individuals, the tax rate is 20%. If you just want to take out your living expenses, then it is not recommended to share dividends, and it is better to use wages and salaries.
(2) Shareholding of limited partnerships: In this case, there will be no corporate income tax involved, and it is often used as a shareholding platform. If the platform is set up in a preferential tax area, then the comprehensive tax rate can be reduced to a lower level. Such a platform can be designed with multiple layers of nesting to bring in excellent core personnel.
(3) Limited company holdings: In this case, in many cases, it is not for the actual distribution of funds, but for further investment. If the shareholders take out the money for the purpose of investment, then do not use personal dividends, use the form of a company, you can be exempt from double taxation.
02. Borrowing between enterprises and others
1. Enterprises borrow from individuals for repayment (pay interest)
1. Enterprise income tax
(1) Enterprises need to obtain invoices
If the interest expense of the enterprise to the individual exceeds the standard of "small and sporadic", the individual needs to apply for an invoice issued by the tax bureau as a pre-tax deduction voucher.
(2) Meet the requirements of debt-to-capital ratio
(3) The interest expense of operating loans incurred by the company shall not be deducted in the calculation of the taxable income of the enterprise
If the enterprise investor fails to pay up the amount of its paid-in capital within the prescribed time limit, the interest incurred by the enterprise on its external loans is equivalent to the interest accrued on the difference between the investor's paid-in capital and the amount of capital payable within the prescribed time limit, which is not a reasonable expenditure of the enterprise and shall be borne by the enterprise investor, and shall not be deducted in the calculation of the taxable income of the enterprise.
2. VAT and surcharge
When an enterprise pays interest to an individual, the individual needs to pay VAT at a rate of 1% and pay the corresponding additional tax.
Note: If the interest income of the loan obtained by an individual is less than 500 yuan/time, it is exempt from VAT.
3. Personal income tax
Interest income obtained by individuals is taxed at a rate of 20% on "dividends, interest, and bonus income". When paying the interest on individual loans, the unit shall withhold and pay individual income tax in accordance with the provisions of the tax law.
4. Stamp duty
In accordance with the provisions of the Stamp Duty Law, the loan contract signed between the enterprise and the individual is not subject to stamp duty.
2. Enterprises borrow money from individuals without compensation (no interest is paid)
Generally, both parties are not involved in tax issues, but there are certain tax-related risks associated with this type of borrowing.
1. VAT risk
General: VAT is paid on deemed sales
Special circumstances: VAT exemption for units within an enterprise group (including enterprise groups) (preferential period: until 2027.12.31)
Therefore, except for special circumstances, gratuitous loans should be treated as sales if they are VAT, and they are not treated as sales, which violates the relevant provisions of VAT and has VAT risks.
Note: Interest income is generally calculated according to the interest rate of similar loans of banks in the same period, and the interest income of loans is subject to VAT according to loan services, and the VAT rate of 6% is applicable.
2. Enterprise income tax risk
(1) There is a risk of tax increase in corporate income tax
Non-repayable borrowing is not in line with the arm's length principle, and the tax authorities have the right to make reasonable adjustments.
(2) For enterprises with bank loans, there is a risk of tax increase in corporate interest expenses
Therefore, if an enterprise transfers a bank loan to another enterprise free of charge, the interest paid has nothing to do with the income obtained by the enterprise, and the taxable income should be increased.
3. Individual income tax risk
According to Cai Shui [2003] No. 158, if an enterprise borrows money to an individual investor free of charge, and does not return it after the end of the tax year, and does not use it for the production and operation of the enterprise, the unrepaid loan can be regarded as the dividend distribution of the enterprise to the individual investor, and the individual income tax shall be levied according to the interest, dividends and bonus income items.
Note: If a natural person borrows money to an enterprise free of charge, the natural person does not have any income and does not need to pay individual income tax.
03. Loans between enterprises
1. Borrowing between affiliated enterprises
1. Value-added tax
According to Article 3 of the Notice of the Ministry of Finance and the State Administration of Taxation on Clarifying the Policies for Exemption of Value-Added Tax (Cai Shui [2019] No. 20) [the policy is extended to December 31, 2027], it is stipulated that:
Value-added tax is exempted from the gratuitous lending of funds between units within an enterprise group (including enterprise groups).
2. Enterprise income tax
3. Stamp duty
4. Additional tax
Since VAT is exempt, there is no additional tax to pay.
2. Borrowing between non-affiliated enterprises
This is only a description of gratuitous borrowing.
1. Value-added tax
According to the first paragraph of Article 14 of Annex 1 of the Notice of the Ministry of Finance and the State Administration of Taxation on Comprehensively Promoting the Pilot Program of Replacing Business Tax with Value-Added Tax (CS [2016] No. 36):
Therefore, in addition to being used for public welfare undertakings or for the public, gratuitous loans are subject to VAT!
According to the provisions of the tax law, the applicable tax rate for general taxpayers is 6%, and the levy rate for small-scale taxpayers is 3%.
So some people will ask, since the actual interest has not been received, what interest rate should be paid according to the tax?
Under normal circumstances, it is calculated according to the loan interest rate of the same period of financial enterprises!
However, if you do not have a reasonable business purpose, and the main purpose is to obtain tax benefits, by arranging, reducing, exempting, deferring the payment of VAT, or increasing the refund of VAT, then:
Tips:
The input tax on loan services purchased by the enterprise shall not be deducted from the output tax. However, the latest VAT Law (Consultation Paper) removes the clause that loan services are not allowed to be deducted from input tax.
2. Enterprise income tax
According to the relevant provisions of the enterprise income tax law, as long as it is a reasonable expenditure incurred by an enterprise, it can be deducted before tax. Interest-free borrowing, on the other hand, does not involve income/expenditure issues, so there is no corporate income tax issue.
3. Stamp duty
According to the Stamp Duty Item and Tax Rate Table attached to the Stamp Duty Law:
Therefore, loans between non-financial enterprises do not fall within the scope of stamp duty and are not subject to stamp duty.
4. Additional tax
Urban construction tax, education surcharge and local education surcharge are based on the value-added tax and consumption tax actually paid by taxpayers, so the additional tax must be paid at the same time as the value-added tax is paid.