Enterprise income tax should be prepaid according to the actual amount of profit in the quarterRecently, the tax department in the audit of an investment enterprise's transfer of equity found that the enterprise in June 2014 to complete a change in the equity procedures and obtain income of 6 million yuan, but the enterprise in the 2 quarterly filing, did not include the income in the The enterprise did not include the income into the total quarterly income for prepayment of enterprise income tax. It turned out that the financial personnel of the enterprise considered that there would be no large amount of income generated in the second half of the year, and if the income of 6 million yuan was calculated and prepaid in the second quarter, the enterprise's tax burden in the second quarter would be heavier, and at the same time, there would be a situation in which the tax payable would be less than the prepaid tax at the end of the year when the year-end remittance was made. Therefore, the income will be included in the total income to calculate the tax at the time of annual remittance, and the tax officer pointed out that such treatment is incorrect. According to the Regulations for the Implementation of the Enterprise Income Tax Law, the prepayment of the enterprise income tax in monthly or quarterly installments shall be specifically approved by the tax authorities. When an enterprise makes prepayment of enterprise income tax in monthly or quarterly installments in accordance with the provisions of Article 54 of the Enterprise Income Tax Law, it shall make prepayment in accordance with the actual monthly or quarterly profits; if it is difficult to make prepayment in accordance with the actual monthly or quarterly profits, it may make prepayment in accordance with the monthly or quarterly average of the taxable income of the previous taxable year or in accordance with the prepayment in accordance with the other methods approved by the tax authorities. Once the prepayment method is determined, it cannot be changed at will within the tax year. Since the above enterprise did not apply to the tax authorities for other prepayment methods beforehand, it should make prepayment of enterprise income tax based on the actual profit amount of the quarter. If the annual EIT payable is less than the prepaid EIT at the time of annual remittance, the overpaid EIT can be applied for tax refund or offset against the EIT in the following years. The total, the branches of the local prepaid rules and regulations of a municipal concrete Jiangning Group of companies in the past few years with the radiation of the market to the surrounding areas, has set up 16 branches in the province and abroad, Mr. Zhong, financial manager for the group's total, the branches of the enterprise income tax declaration management issues often confused where to declare, which often to the Tax Bureau for advice. The situation encountered by Mr. Zhong is somewhat common. According to the relevant regulations, if a resident enterprise establishes a branch without legal personality across regions (meaning across provinces, autonomous regions, municipalities directly under the central government and municipalities separately listed in the plan) in China, the resident enterprise is an aggregate taxpaying enterprise operating across regions. Enterprises paying aggregate tax are subject to the enterprise income tax collection and management method of "unified calculation, hierarchical management, local prepayment, aggregate liquidation and fiscal transfer". The enterprise income tax calculated by the aggregate taxpaying enterprises in accordance with the provisions of the Enterprise Income Tax Law, including the prepaid tax and the tax payable and refundable by the aggregate taxpaying enterprises in accordance with the provisions of the Enterprise Income Tax Law, shall be apportioned 50% among branches, and the branches shall handle the payment of tax or refund of tax according to the apportionment of tax in the localities, and 50% shall be apportioned by the headquarter for the payment of enterprise income tax. The head office shall declare the prepayment of 50% of the enterprise income tax payable for the current period locally within 15 days after the end of each month or quarter. The head office shall apportion the other 50% portion of the enterprise income tax payable for the current period among its branches in accordance with the proportion to be apportioned to each branch, and notify the branches in a timely manner; each branch shall file a local declaration of prepayment of its apportioned income tax within 15 days after the end of each month or quarter. The aggregate taxpaying enterprise shall calculate the prepayment of enterprise income tax of the head office and branches according to the actual profit amount of the current period and the prepayment and apportionment method stipulated, and make prepayment locally by the head office and branches, respectively; if it is difficult to make prepayment according to the actual profit amount in the stipulated time limit, it can also be made in accordance with 1/12 or 1/4 of the previous year's taxable income, and the method of prepayment shall not be changed in the current year once it is determined. The most critical point here is that the branch refers only to the second-tier branch with the main production and operation functions. Branches below the third-tier level are not subject to local prepayment and should be included in the management of the second-tier branch. Revenue from the sale of houses without transfer is required to be recognized in income tax prepayment Recently, the tax officers of Qixia Local Tax found in the risk response that the financial statements of a real estate development company showed that the unit would sell an owned property to the outside world in the second quarter of the year 2014, and signed a formal contract of sale, and the selling price of the house was 34 million yuan, and the buyer had paid 30 million yuan, but had not yet handled the transfer of the property rights. 2014 In July 2014, the company did not declare the income when the enterprise income tax prepayment was made, the reason was that the enterprise financial personnel thought that they should wait until the transfer of property rights before recognizing the income and prepaying the enterprise income tax. In this regard, the tax officials explained that, except as otherwise provided in the EIT Law and its implementing regulations, the recognition of sales revenue of an enterprise must follow the principles of accrual basis and substance over form. If the enterprise sells commodities and meets the following conditions at the same time, the realization of revenue shall be recognized: 1) the contract for the sale of commodities has been signed, and the enterprise has transferred the main risks and rewards related to the ownership of commodities to the purchaser; 2) the enterprise neither retains the right of continued management that is usually associated with the ownership of the commodities that have been sold, nor implements effective control; 3) the amount of the revenue can be measured reliably; 4) the cost of the seller that has occurred or will occur can be measured reliably; 5) the amount of revenue can be recognized as a percentage of the cost incurred or to be incurred. the seller's costs can be reliably accounted for. Therefore, for the disposal of the Company's own property, although the second quarter has not been transferred, i.e., the ownership of assets has not been changed in form, according to the requirements of the accrual principle and the principle of substance over form, as long as it meets the conditions for revenue recognition in the above mentioned Circular, it should be included in the total taxable income for enterprise income tax purposes as income from the transfer of property. The income tax of small and micro enterprises under checking and levying needs to be differentiated from the situation of prepayment from July 1 this year, the new "Enterprise Income Tax Monthly (Quarterly) Advance Payment Tax Returns" was launched. Nanjing, a graphic design company for the checking and collecting enterprises, in line with the small and microenterprise income tax preferential conditions, the National Day holiday after the company's tax staff to the Qinhuai Local Taxation Bureau to consult the previous year's taxable income of 90,000 yuan of the enterprise, the October pre-payment of three-quarter prepayment of enterprise income tax, the cumulative total of the actual amount of profit of 80,000 yuan of the current year, then how to pre-payment of enterprise income tax, fill in the new declaration form, the Qinhuai Local Taxation staff to The staff of Qinhuai Local Tax explained that the small and micro-profit enterprises with checking account levy should distinguish the specific situation when prepaying enterprise income tax. If the taxable income of the previous tax year is less than 100,000 yuan (including 100,000 yuan) of small and micro-profit enterprises, and the cumulative actual profit does not exceed 100,000 yuan in the current year when the prepayment is taken, the tax exemption or reduction will be 15% of the actual profit; if the taxable income of the previous tax year is less than 100,000 yuan (including 100,000 yuan) of small and micro-profit enterprises, and the taxable income of the previous tax year is more than 100,000 yuan, but not more than 300,000 yuan, the small and micro-profit enterprises will have to pay tax at the same time. For small micro-profit enterprises whose taxable income for the previous tax year was more than 100,000 yuan but not more than 300,000 yuan, if the cumulative actual profit exceeds 100,000 yuan but not more than 300,000 yuan at the time of prepayment, the amount of income tax reduction shall be 5% of the actual profit. Small micro-profit enterprises with taxable income of less than 300,000 yuan (including 300,000 yuan) in the previous tax year shall not be entitled to preferential reductions or exemptions if the accumulated actual profit exceeds 300,000 yuan at the time of prepayment. The company's taxable income for the previous year was 90,000 yuan, and the cumulative actual profit for the year was 80,000 yuan. According to the above regulations, when making prepayment of the third quarterly prepayment of EIT, the company can enjoy a tax reduction or exemption of 15% of the actual profit of 80,000 yuan, and it needs to make prepayment of EIT of 10% of the actual profit of 80,000 yuan, which is also 8,000 yuan. At the same time, the staff reminded that the new prepayment return will be "qualified small micro-profit enterprises to reduce the amount of income tax" in 14 lines is listed out, small and micro-enterprises need to reduce the amount of income tax to fill in this column. Approved levy enterprises can also enjoy the small micro-profit enterprises preferential recently, Pukou Local Taxation Bureau in the "taxpayer school" held a small micro-profit enterprise tax incentives training, focusing on the interpretation of the tax exemption policy, collection management and how to fill out the declaration form. After learning about the new policy, Wang accountant of a Nanjing catering management company asked the tax officer: "You quickly help me see if our enterprise is eligible, I did not fill in the tax exemption how to do ah, can you re-declare," the tax officer verified the enterprise's situation, told Wang accountant: "From 2014 onwards, small and micro-profit enterprises that meet the prescribed conditions (including enterprises adopting the method of checking and approving the collection), are eligible to apply for tax concessions in accordance with the taxpayers' school. From 2014 onwards, small and micro-profit enterprises (including those adopting the checking and approved collection methods) meeting the prescribed conditions can enjoy the preferential policies on income tax for small and micro-profit enterprises in accordance with the regulations. The indicators of your enterprise are in line with the small and micro-profit enterprises, and you could not enjoy the tax preferences in the previous years because of the authorized levy. However, from this year onwards, the state has expanded the scope of enjoyment of concessions, you can also enjoy the small micro-profit enterprise concessions!"