The hottest tax always interprets the implementati

The original title was: Interpretation of the announcement of the State Administration of Taxation on the implementation of policies related to the deduction of equipment and appliances. I. background of the announcement. In order to further support scientific and technological innovation and promote enterprise quality and efficiency improvement, according to the decision of the State Council, the State Administration of Taxation issued documents twice in 2014 and 2015, and issued a fixed accelerated depreciation policy, It mainly includes: first, accelerated depreciation is allowed for new purchases by enterprises in the industry and four leading industries. Second, the consumption demand of instruments shared by R & D, production and operation newly purchased by small low profit enterprises in the above industries shows that rigid devices and equipment with a unit value of no more than 1million yuan can be deducted before tax at one time; Third, newly purchased instruments and equipment specially used for research and development by enterprises in all industries, with a unit value of no more than 1million yuan, can be deducted one-time before tax. If it exceeds 1million yuan, accelerated depreciation is allowed; Fourth, fixed assets with a unit value of no more than 5000 yuan held by enterprises in all industries can be deducted before tax at one time

in order to further expand the scope of preferential policies, guide enterprises to increase the intensity of equipment and appliances, and improve the enthusiasm of enterprises for entrepreneurship and innovation, the executive meeting of the State Council decided to expand the scope of one-time pre tax deduction preferential policies for fixed assets from 2018 to 2020 1 from newly purchased R & D instruments and equipment with a unit value of no more than 1million yuan to newly purchased equipment and appliances with a unit value of less than 5million yuan. In accordance with the decision of the State Council, the Ministry of Finance and the State Administration of Taxation jointly issued the notice of the Ministry of Finance and the State Administration of Taxation on the enterprise income tax policy related to the deduction of equipment and appliances (CS [2018] No. 54, hereinafter referred to as the notice), clarifying the policy of one-time pre tax deduction of equipment and appliances

in order to implement the spirit of the executive meeting of the State Council and the policy provisions of the notice, the State Administration of Taxation has formulated this announcement to further clarify the specific implementation caliber and collection and management requirements of relevant policies, so as to ensure the effective implementation of the policies

II. Main contents of the announcement

(I) clarify the one-time pre Tax Deduction Policy for equipment and appliances

the notice stipulates that from January 1, 2018 to 2020, equipment and appliances newly purchased by enterprises with a unit value of no more than 5million yuan can be deducted before tax at one time. Considering the wide range of benefits of this policy and the strong willingness of enterprises to enjoy it, in order to enhance the certainty of the policy and facilitate specific operations, the announcement clarifies the relevant implementation caliber:

first, clarify the concept of purchase. The acquisition of fixed assets includes many ways, such as outsourcing for construction, self construction, leasing, donation, investment, non exchange, etc. The announcement clearly states that purchase includes purchase in the form of purchase or self construction. Self built fixed assets are also included in the scope of preferential treatment, mainly considering that the materials used in self built fixed assets are actually purchased, so self built fixed assets are also regarded as purchased. In addition, the new words in the new purchase are only different from the original purchased fixed assets, not requiring the purchase of new fixed assets. Therefore, the announcement clearly stipulates that the fixed assets purchased in monetary form include the used fixed assets purchased by the enterprise

the second is to clarify the calculation method of unit value. The previous policy documents did not clarify the calculation method of unit value. After the issuance of the notice, many enterprises how to determine the unit value of fixed assets, such as whether the installation fee is included. In order to unify the caliber of policy implementation, the announcement clarifies the calculation method of unit value. The calculation method of unit value is consistent with the calculation method of fixed assets stipulated in Article 58 of the regulations for the implementation of the enterprise income tax law, specifically: for fixed assets purchased in monetary form, the unit value is determined by the purchase price, the relevant expenses paid and other expenses directly attributable to the intended use of the asset; The unit value of self built fixed assets shall be determined by the expenditure incurred before the completion settlement

third, clarify the determination principle of purchase time point. The implementation time of the one-time pre Tax Deduction Policy for equipment and appliances is from January 1, 2018 to December 31, 2020. Therefore, it is necessary to determine whether the equipment and appliances belong to the scope of preferential policies according to the purchase time point of equipment and appliances. The announcement made it clear that for fixed assets purchased in monetary form, the time of issuance is used to confirm the time of purchase, but considering that installment payment may issue invoices in batches, and the special case that the credit sales method will issue invoices only after the seller takes the s-cardboard strength coefficient to get the payment, the announcement made exceptions to these two cases, and the time of arrival of fixed assets is used to confirm the time of purchase. For self built fixed assets, the purchase time shall be confirmed by the completion settlement time

(II) specify the time point of one-time pre tax deduction

the implementation regulations of the enterprise income tax law stipulate that enterprises should calculate depreciation from the next month of the month in which fixed assets are put into use. The one-time pre Tax Deduction Policy of fixed assets is only a special way of pre tax deduction of fixed assets. Therefore, the time point of pre tax deduction should be consistent with the treatment principle of depreciation calculation of fixed assets. The announcement stipulates this accordingly. For example, if an enterprise purchased an equipment with a unit value of 3million yuan in December 2018 and put it into use that month, the equipment can be deducted before tax in 2019

(III) clarify whether the tax treatment of fixed assets can be inconsistent with the treatment

whether the one-time 10 day weak stability maintenance pre tax deduction method in the scrap market is adopted in the treatment, which does not affect the enterprise to enjoy the one-time pre tax deduction policy. When the enterprise enjoys the one-time pre tax deduction policy, it does not need to adopt the same depreciation method in accounting at the same time

(IV) it is clear that enterprises can independently choose to enjoy the one-time pre tax deduction policy, but those who do not choose cannot be changed.

after the implementation of the one-time pre tax deduction policy, complex tax adjustment problems may occur due to the difference between the pre tax deduction of fixed assets and accounting. In addition, some fixed assets have a long accounting period, which will also increase the burden of accounting and compliance. For loss making enterprises that cannot achieve profits in the short term, choosing to implement the one-time pre tax deduction policy will further increase the loss, and due to the limitation of the compensation period stipulated in the tax law, the loss may not be compensated, which actually reduces the pre tax deduction. In addition, enterprises often do not choose the one-time pre Tax Deduction Policy during the regular reduction period. Considering that enjoyment is a right of taxpayers, taxpayers can choose whether to enjoy preferential treatment. Therefore, the announcement stipulates that enterprises can choose to enjoy a one-time pre tax deduction policy according to their own production and operation needs. However, in order to avoid malicious arbitrage of tax preferences, the announcement made it clear that if the enterprise did not choose to enjoy it, it should not be changed in subsequent years. It should be noted that the regulations that cannot be changed in subsequent years are for a single fixed asset. If a single fixed asset does not choose to enjoy, it will not affect other fixed assets to choose to enjoy the one-time pre tax deduction policy

(V) clarify the requirements for enterprises to enjoy the one-time pre Tax Deduction Policy

in order to ensure the accurate implementation of the preferential policies, the announcement clearly goes through the relevant procedures in accordance with the provisions of the announcement of the State Administration of Taxation on the issuance of the revised; (Announcement No. 23, 2018 of the State Administration of Taxation). In addition, on the basis of the main retained materials for the accelerated depreciation or one-time deduction of fixed assets specified in the Announcement No. 23 of 2018 of the State Administration of Taxation, the relevant contents of the retained materials have been adjusted, Specifically: information about the time point of purchase of fixed assets (such as the invoice of fixed assets purchased in currency, the arrival time of fixed assets purchased in installment or on credit, the completion settlement of self built fixed assets, etc.), fixed assets, and the difference between tax treatment and accounting treatment of relevant assets

(VI) clarify the tax treatment of fixed assets with a unit value of more than 5million yuan

in order to ensure the integrity of the policy, the announcement clearly stipulates that fixed assets with a unit value of more than 5million yuan are still in accordance with the enterprise income tax law and its implementation regulations, the notice of the Ministry of Finance and the State Administration of Taxation on improving the enterprise income tax policy for accelerated depreciation of fixed assets (CS [2014] No. 75) The notice of the Ministry of Finance and the State Administration of Taxation on further improving the enterprise income tax policy for accelerated depreciation of fixed assets (CS [2015] No. 106), the announcement of the State Administration of Taxation on issues related to the tax policy for accelerated depreciation of fixed assets (SAT announcement 2014 No. 64) The announcement of the State Administration of Taxation on issues related to further improving the enterprise income tax policy for accelerated depreciation of fixed assets (announcement of the State Administration of Taxation No. 68, 2015) and other relevant provisions shall be implemented