Measures for the treatment of enterprise income tax in real estate development and operation Chapter IV Taxable cost accounting

Article 25 Taxable costs refer to the expenses incurred by an ente

Measures for the treatment of enterprise income tax in real estate development and operation Chapter IV Taxable cost accounting

Article 25 Taxable costs refer to the expenses incurred by an enterprise in the process of developing, constructing and developing products (including fixed assets, the same below), which should be listed as the cost object according to tax regulations.

Twenty-sixth cost objects refer to the cost-bearing projects determined for the collection and distribution of various expenses during the development and construction of developed products. The principles for determining taxable cost objects are as follows:

(1) Market principle. If the developed products can be sold to the outside world, they shall be accounted as independent taxable cost objects; Those who cannot operate and sell abroad can be collected as transitional cost objects first, and then their related costs can be allocated to the cost objects that can operate and sell abroad.

(2) The principle of classified collection. Projects developed by groups with the same development location, similar completion time and no obvious difference in product structure types can be accounted as a cost object.

(3) The principle of functional distinction. When a component of a development project is relatively independent and has different functions, it can be accounted as an independent cost object.

(4) The principle of pricing difference. If the expected selling price of developed products is quite different due to different product types or functions, they should be accounted as cost objects respectively.

(5) The principle of cost difference. Where there are obvious differences in the construction costs of the developed products, they shall be accounted for separately as the cost objects.

(6) The principle of distinguishing rights and interests. If the development project belongs to entrusted agent construction or multi-party cooperative development, it shall be accounted for according to the above principles.

The cost object shall be reasonably determined by the enterprise before the start of construction and reported to the competent tax authorities for the record. Once the cost object is determined, it cannot be changed or confused at will. If it is really necessary to change the cost object, it should be approved by the competent tax authorities.

Article 27 The taxable cost of developing products is as follows:

(1) Land acquisition fee and demolition compensation fee. Refers to all kinds of expenses incurred to obtain the right to use development land (or development right), mainly including land purchase price or transfer fee, municipal supporting fee, deed tax, cultivated land occupation tax, land use fee, land idle fee, land price and related taxes paid for land change and over-area, demolition compensation fee, resettlement and relocation fee, resettlement housing construction fee, young crops compensation fee, dangerous house compensation fee, etc.

(2) The upfront cost of the project. Refers to the prophase expenses of hydrogeological investigation, surveying and mapping, planning, design, feasibility study, prophase preparation and site leveling in the prophase of project development.

(3) Construction and installation engineering costs. Refers to the construction and installation costs incurred in the development process of development projects. It mainly includes the construction cost of development projects and the installation cost of development projects.

(4) Infrastructure construction fee. Refers to all kinds of infrastructure expenditures in the development process of development projects, mainly including road, water supply, power supply, gas supply, sewage, flood discharge, communication, lighting and other community pipe network engineering fees and environmental sanitation, landscaping and other garden environmental engineering fees.

(5) Public facilities expenses: refers to public facilities expenses that are independent and not for profit, owned by all owners, or donated to local governments and government utilities free of charge.

(6) Development cost. Refers to the costs incurred by enterprises for directly organizing and managing development projects, which cannot be attributed to specific cost objects. It mainly includes the salary of managers, employee welfare expenses, depreciation expenses, repair expenses, office expenses, utilities, labor protection expenses, project management fees, amortization of swing space, and construction expenses of project marketing facilities.

Article 28 The general procedures of enterprise tax cost accounting are as follows:

(1) Classify the actual expenditure of the current period according to its nature, economic use, location and time zone, and divide it into the cost that should be included in the cost object and the period expense that should be deducted before tax in the current period. At the same time, related accrued expenses and prepaid expenses shall be measured and confirmed according to regulations.

(2) The actual expenses, accrued expenses and prepaid expenses included in the cost objects are reasonably divided into direct costs, indirect costs and * * * same costs, and are reasonably collected and distributed to completed cost objects, cost objects under construction and cost objects under construction according to regulations.

(3) Allocate the costs that should be borne by the completed cost object before the current period according to the sold developed products, unsold developed products and fixed assets, deduct the part that should be borne by the sold developed products in the current tax return, and deduct the cost that should be borne by the unsold developed products when actually selling.

(4) Classify the completed cost objects in this period into development products and fixed assets, and settle their taxable costs. For developing products, the unit project cost is calculated according to the saleable area, and then the taxable cost of the developed products that have been sold and the taxable cost of the unsold products are calculated. Taxable costs of developed products that have been sold in the current period are allowed to be deducted in the current period, while taxable costs of unsold products are deducted when they are actually sold.

(5) For the costs that should be borne by the cost object of the unfinished construction in this period, a separate detailed account should be established and settled after the development products are completed.

Article 29 The products developed and constructed by enterprises shall be measured and accounted for according to the manufacturing cost method. Among them, the cost of developing products should be included in the cost, which belongs to the direct cost and indirect cost that can distinguish the cost object and is directly included in the cost object. * * * The same cost and indirect cost of the burden object cannot be distinguished, and should be allocated to each cost object according to the principle of benefit and proportion. The specific allocation method can be selected according to the following provisions:

(1) Land occupation law. Refers to the allocation according to the proportion of the area occupied by the development cost object to the total area of development land.

1. Once developed, it shall be allocated according to the proportion of the area occupied by one cost object to the total area occupied by all cost objects.

2. Development by stages: firstly, according to the proportion of the total area of development land occupied by all cost objects in this period, and then according to the proportion of the total area occupied by all cost objects in this period.

The land occupied by all cost objects during the period should be deducted from the land occupied by development land during the period, and the land occupied by all cost objects during each period should be shared.

(2) Building area method. Refers to the proportion of the construction area of the development cost object to the total construction area of the development land.

1. For one-time development, it shall be shared according to the proportion of the construction area of a certain cost object to the construction area of all cost objects.

2. For development by stages, it shall be apportioned on schedule according to the proportion of the construction area of the cost object to the planned construction area of the development land, and then according to the proportion of the construction area of a certain cost object to the total construction area of the cost object in this period.

(3) Direct cost method. Refers to the proportion of the direct development cost of a cost object to the direct development cost of all cost objects in the period.

(4) Budget cost method. Refers to the proportion of the budgeted cost of a cost object to the budgeted cost of all cost objects in the period.

Thirtieth enterprises should allocate the following expenses according to the following methods:

(1) Land costs are generally apportioned by the area method. If it is really necessary to combine other methods for distribution, it should be agreed with the tax authorities.

Land development and real estate development are linked at the same time, which is to acquire land at one time and develop real estate by stages. With the approval of the tax authorities, the cost of land development can be shared according to the overall budget cost of land, and then adjusted after the overall development of land is completed.

(two) as a transitional cost accounting object of public facilities development costs, should be allocated according to the construction area method.

(3) If the borrowing cost is shared by different cost objects, it shall be shared by direct cost method or budget cost method.

(four) the distribution method of other cost items shall be determined by the enterprise itself.

Thirty-first enterprises to obtain land use rights by non-monetary transactions, the cost should be determined according to the following provisions:

(a) enterprises and units in exchange for the development of products, land use rights to invest in enterprises, according to the following provisions:

1. If the development products exchanged are for the development and construction of the land, the investment-receiving enterprise will not confirm the cost temporarily when accepting the land use right. When the development product is separated for the first time, the cost of the land use right shall be calculated and confirmed according to the fair market value of the development product to be separated (including the first separation and subsequent separation) and the relevant taxes and fees payable in the process of land use right transfer. Where premium is involved, the acquisition cost of land use right shall be added to or deducted from the premium payable.

2. If the exchanged development products are for other land development and construction, the investment-receiving enterprise shall calculate and confirm the cost of land use right according to the fair market value of the development products and the relevant taxes payable in the process of land use right transfer when the investment transaction occurs. Where premium is involved, the acquisition cost of land use right shall be added to or deducted from the premium payable.

(2) If an enterprise or unit invests the land use right into the enterprise in the form of equity, the enterprise receiving the investment shall calculate and confirm the acquisition cost of the land use right according to the fair market value of the land use right and the relevant taxes and fees payable in the process of land use right transfer when the investment transaction occurs. Where premium is involved, the acquisition cost of land use right shall be added to or deducted from the premium payable.

Article 32 Except for the following accrued (paid) expenses, the actual cost shall be the taxable cost.

(1) If the project has not been finally settled and the full invoice has not been obtained, the insufficient invoice amount may be accrued on the premise of sufficient supporting information, but the maximum amount shall not exceed 65,438+00% of the total contract amount.

(two) public facilities have not been completed or completed, and the construction cost can be reasonably accrued according to the budgeted cost. Such public facilities must conform to the irrevocable conditions in the housing sales contract, agreement or advertisement and model, or must be built in accordance with laws and regulations.

(three) the construction costs and property improvement costs that should be reported to the government for approval but have not been submitted for approval can be withheld and remitted according to the regulations. Property improvement costs refer to property management funds, public building maintenance funds or other special funds that should be borne by enterprises according to regulations.

Article 33 The parking lot built by an enterprise shall be accounted for separately as the cost object. The parking lot formed by underground infrastructure will be treated as public supporting facilities.

Article 34 When an enterprise settles its taxable costs, it shall obtain the actual expenses incurred, but if it fails to obtain legal documents, it shall not be included in the taxable costs. When the legal credentials are actually obtained, they are included in the taxable cost according to the regulations.

Thirty-fifth after the completion of the product development, the enterprise may choose to determine the end date of taxable cost accounting before the final settlement of enterprise income tax in the completion year, and shall not lag behind. If the taxable cost of the developed products is not settled in accordance with the regulations in the completed year, the competent tax authorities have the right to verify the taxable cost, make corresponding tax adjustments, and deal with it according to the relevant provisions of the People's Republic of China (PRC) Tax Collection and Management Law.