State Taxation Administration of The People’s Republic of China Zhejiang Provincial Taxation Bureau Hot Questions and Answers 2022 Hot Issues Compilation (2)

1. Q: What should be done if the enterprise prepays more corporate income tax than it should pay in 2021?

Answer: 1. According to Article 54 of the Enterprise Income Tax Law of People’s Republic of China (PRC) (Order No.63 of the President of the People’s Republic of China), "… an enterprise shall, within five months from the end of the year, submit an annual enterprise income tax return to the tax authorities, make final settlement and settle the tax refund payable."

2. According to the Announcement of State Taxation Administration of The People’s Republic of China on Matters Related to the Annual Settlement and Payment of Enterprise Income Tax (Announcement No.34 of the Ministry of Finance and the State Administration of Taxation in 2021): "2. If the enterprise income tax paid in advance by the taxpayer exceeds the tax payable in the tax year, the taxpayer shall apply for tax refund in time, and the competent tax authorities shall handle the tax refund in time according to the relevant regulations, so as not to offset the enterprise income tax payable in the next year.

III. This announcement is applicable to the final settlement of enterprise income tax in 2021 and beyond … "

2. Q: Enterprises did not choose to enjoy the policy of adding and deducting R&D expenses when making advance payment in the third quarter of 2021. Can they enjoy the policy of adding and deducting R&D expenses when handling the final settlement of corporate income tax in 2022?

A: According to the Announcement of State Taxation Administration of The People’s Republic of China on Further Implementing the Policy of R&D Expenses Plus Deduction (State Taxation Administration of The People’s Republic of China Announcement No.28, 2021): "1. On the issue of enjoying the policy of R&D expenses plus deduction in 2021.

(1) When an enterprise declares the enterprise income tax in the third quarter (quarterly prepayment) or September (monthly prepayment) in advance in October, it can choose to enjoy the preferential policy of adding and deducting R&D expenses in the first three quarters.

Those who do not choose to enjoy the preferential treatment during the prepayment declaration period in October can enjoy it uniformly when the 2021 enterprise income tax is settled in 2022. "

3. Q: Our company has R&D expenditure since this year, and can enjoy the policy of additional deduction. How long do you need to keep the relevant materials?

A: According to Article 10 of the Announcement of State Taxation Administration of The People’s Republic of China on Issuing the Revised Measures for Handling Preferential Policies for Enterprise Income Tax (State Taxation Administration of The People’s Republic of China Announcement No.23, 2018): "The materials kept by enterprises for future reference shall be kept for 10 years from the day after the end of the settlement period of enterprise income tax in the year when enterprises enjoy preferential items."

4. Q: Why isn’t there a special invoice stamp on the electronic VAT invoice received?

Answer: According to Article 2 of the Announcement of State Taxation Administration of The People’s Republic of China on Implementing Electronic Special VAT Invoice among Newly-established Taxpayers (State Taxation Administration of The People’s Republic of China Announcement No.22, 2020): "Electronic special invoices are supervised by provincial tax bureaus, and they are special VAT invoices with electronic signatures instead of special invoices, and their legal effects, basic uses and basic usage regulations are the same as those of special paper VAT invoices (hereinafter referred to as’ paper special invoices’) …"

5. Q: Our company is a sole proprietorship enterprise that adopts the approved levy, holds equity investment, and needs to be transferred to audit levy after receiving the notice. Is there such a provision?

A: According to the Announcement of the Ministry of Finance and the State Administration of Taxation on the Collection and Management of Individual Income Tax from Equity Investment (Announcement No.41 of the Ministry of Finance and the State Administration of Taxation in 2021): "1. Individual proprietorships and partnerships (hereinafter referred to as sole proprietorships) that hold equity investments such as shares, stocks and partnership property shares shall be subject to the method of auditing and collecting personal income tax.

Two, a wholly-owned partnership enterprise shall, within 30 days from the date of holding the above-mentioned equity investment, take the initiative to submit the situation of holding the equity investment to the tax authorities; Before the implementation of the announcement, a wholly-owned partnership enterprise has held equity investment, and shall submit the information on holding equity investment to the tax authorities before January 30, 2022. When the tax authorities receive the report on the equity investment held by the sole proprietorship partnership approved for collection, they will adjust the collection method to audit collection. 　

Three, the financial and tax departments at all levels should do a good job in service counseling, and actively guide the sole proprietorship partnership to establish and improve the account books, improve the accounting and financial management system, and truthfully declare and pay taxes. If a wholly-owned partnership enterprise fails to truthfully report its equity investment, it shall be handled according to the relevant provisions of the Tax Collection and Management Law.

Four, this announcement shall come into force as of January 1, 2022. "

6. Q: Is it necessary to report the partnership that has been approved for expropriation and holds equity investment?　

A: Report is required.

According to the Announcement of the Ministry of Finance and the State Administration of Taxation on the Collection and Management of Individual Income Tax on Income from Equity Investment (Announcement No.41 of the Ministry of Finance and the State Administration of Taxation in 2021): "2. A wholly-owned partnership enterprise shall voluntarily submit its equity investment to the tax authorities within 30 days from the date of holding the equity investment; Before the implementation of the announcement, a wholly-owned partnership enterprise has held equity investment, and shall submit the information on holding equity investment to the tax authorities before January 30, 2022.

7. Q: Our company is a sole proprietorship enterprise that collects by auditing accounts, and holds some equity investments. Do I need to report it?

A: Report is required.

8. Q: My company buys equity from a company, which has a lot of real estate under its name. Do I need to pay deed tax?

A: According to the Announcement of the Ministry of Finance and the State Administration of Taxation on Continuing to Implement the Deed Tax Policy on the Restructuring and Reorganization of Enterprises and Institutions (Announcement No.17 of the Ministry of Finance and the State Administration of Taxation in 2021): "IX. When the company’s equity (shares) is transferred, the units and individuals will inherit the company’s equity (shares), and the ownership of the company’s land and houses will not be transferred, and no deed tax will be levied.

……

XI. This announcement shall be implemented from January 1, 2021 to December 31, 2023. Since the date of implementation, enterprises and institutions in the process of restructuring, in line with the provisions of this announcement but have paid the deed tax, can apply for tax refund; If the deed tax involved has not been processed and conforms to the provisions of this announcement, it can be implemented according to this announcement. "