Modern financial theory that the goal of the enterprise is to maximize the wealth of shareholders. Achieving this goal is practically inevitable to choose to minimize the tax burden of the company. And the tax law can protect the national interests and the legitimate rights and interests of taxpayers, to maintain the normal tax order, to ensure that the state's financial revenue, tax and tax law are inseparable, the tax law is the legal expression of the tax, the tax is the tax law is determined by the specific content.
Enterprise tax-related risk and its causes
Tax-related risk refers to the risk that may be involved when taxpayers face tax payment and take a variety of coping behaviors, including the risk of overpayment of tax and underpayment of tax risk. Four kinds of risks such as policy information risk, business process risk, flexible disposition risk, and institutional arrangement risk will lead to enterprises paying more tax. The risk of underpayment of tax includes the risk of willful tax avoidance, the risk of gap loopholes, the risk of flexible rent-seeking, the risk of policy information, and the risk of tax planning. In order to seriously enforce the tax law and increase the fiscal revenue, the crackdown and punishment of tax-related illegal acts have been intensified; the intensity and means of auditing have been continuously enhanced.
In countries with developed market economy, the concept of tax payment based on law-abiding has been formed. IBM, Hewlett-Packard, Nokia, Shell, etc. in the territory have specialized tax managers and have established close cooperation with tax consulting agencies in China to prevent enterprises from being penalized in tax.
Tax planning
Tax planning is a series of planning activities to achieve the goal of paying less tax and deferring the payment of tax by making prior arrangements for tax-related matters such as business activities or investment behaviors of taxpaying entities before the occurrence of the tax act, without violating laws and regulations. Tax planning should be a legitimate use of tax policy to achieve the goal of maximizing the value of the company, which will be carried out throughout the enterprise's investment decisions, financing decisions, operational decisions, distribution decisions and even liquidation and other aspects.
Tax planning is characterized by legality, planning, risk, diversity of methods, comprehensiveness and professionalism. There is an essential difference between tax planning and tax evasion. Tax evasion is the behavior of a taxpayer who takes the actions of not paying or underpaying taxes by forging, altering, concealing, or destroying without authorization the account books and vouchers, or by listing more expenditures on the account books, or by not listing or underlisting the incomes, or by refusing to declare after being notified to do so by the tax authorities, or by making a false tax declaration.
First of all, tax planning is an integral part of medium- and long-term decision-making of enterprises; secondly, such strategic planning must be carried out within the scope permitted by the legal framework, and is a lawful behavior; thirdly, non-tax costs may be more important, i.e., all business costs must be taken into account, not only tax factors, and tax planning must be included in the overall of the enterprise's business strategy for comprehensive measurements; briefly speaking, tax In short, tax planning is a kind of economic behavior to effectively reduce the tax burden through the reasonable arrangement of tax matters on the basis of legal framework.
Fourth, the construction enterprise tax planning
(1) tax types
According to the current relevant provisions, the taxable types of construction enterprises generally include: value-added tax, engaged in the sale of goods and the provision of processing, repair and maintenance of labor service construction enterprises; business tax, all construction enterprises; enterprise income tax, all construction enterprises; urban land use tax, the construction enterprises occupying the use of urban land; urban maintenance and construction tax; urban land use tax, the construction enterprises occupying the use of urban land; urban maintenance and construction tax, the construction enterprises occupying the use of urban land; urban maintenance and construction tax. The following are some of the most important factors to be considered when determining the amount of tax to be levied on a construction enterprise
(2) Establishing the overall deployment of tax planning
Establishing the principles of tax planning, including the principles of systematicity, prior planning, law-abidingness, effectiveness, protection, completeness of accounts and evidence, and comprehensive and balanced, to achieve the goals of benefit and risk, tax savings and tax increase, tax saving and overall financial management.
And, construction enterprises must have an accurate understanding of the spiritual connotation of the tax law. As far as the construction enterprises are concerned, the tax planning program must be built on the basis of the development strategy of the construction enterprises and serve the strategic objectives of the enterprises. For short- and medium-term tax planning, it is an effective way for construction enterprises to reorganize their business model or change the way of income realization. Any tax attempt that violates the spirit or connotation of taxation may form a tax risk. Nothing specific is all-encompassing, and it is likely that the more specific a legal provision is, the more flawed it is. For example, some tax laws list the various items of taxable income, but these items can not be all forms of generalization, and sometimes difficult to distinguish between the various items particularly clear, so taxpayers can take advantage of the different items, different tax rate provisions, choose to their own advantage of the tax items, to reduce the actual tax burden.
(3) must establish an internal tax-related risk control system
The finance department's own risk control requires the finance department to do the accounts, tax calculations and declarations are correct, and the tax is paid in full and in a timely manner; the finance department cooperates with other departments to control the risk of tax-related risks, and the tax-related risk review organization can be located in the finance department or the audit department, but it must be supported by the cooperation of other departments such as the sales department in the use of different promotional methods, such as the sales department in the use of different promotional methods. For example, the sales department should communicate with the tax-related risk review department when adopting different promotional methods. The enterprise shall listen to the opinions of the tax-related risk review department when making business plans or investment and financing plans. (4) Construction enterprise income tax tax planning
Enterprise income tax is light and heavy, more or less, directly affecting the formation of net profit after tax, related to the immediate interests of enterprises. Therefore, corporate income tax is the focus of tax planning.
Borrowing and interest expenses to avoid tax planning. Enterprises due to production, operating funds are insufficient or own funds can not meet a certain investment, as well as to expand the scale of production and operation and other practical needs of the borrowing of the interest paid, can be charged. However, tax avoiders should pay special attention and packaging to make it meet the following three conditions in order to ensure that it is charged, so as to achieve the purpose of tax avoidance. Obtaining documents to prove the payment of interest on borrowed money; making the interest on borrowed money not higher than the interest calculated at the general commercial lending rate; and obtaining the examination and approval of the tax authorities.
V. ConclusionTax planning as the main form of tax strategy, the primary consideration should be the legitimacy of the tax planning program, otherwise it will bring huge losses to taxpayers; at the same time, the tax strategy is also an important part of the corporate strategy, any tax planning, not only to consider the development strategy of the enterprise so that it will become a driving force for the enterprise to continue to grow, but also take into account the national fiscal, financial and industrial policies. The future direction of the country's fiscal, financial and industrial policies, to make the most appropriate tax strategy for the long-term development of enterprises.