What tax planning methods do sole proprietorship enterprises have?

Tax planning methods of sole proprietorship enterprises;

I. Selection of a sole proprietorship enterprise and a one-person limited liability company

A sole proprietorship enterprise refers to an enterprise legal person established in China in accordance with the Law on Sole proprietorship Enterprises. It is invested by a natural person, and its property belongs to the investor, who assumes unlimited liability for the debts of the enterprise with his personal property. Individual income tax is levied on the income from production and operation of a sole proprietorship enterprise, and the excessive progressive tax rate of 5%-35% is applicable.

China's company law allows the establishment of a one-person limited liability company. A one-person limited liability company refers to a limited liability company with only one natural person shareholder or one corporate shareholders. As a one-man company and its shareholders are two different legal subjects, double taxation will be imposed on the one-man company and its shareholders, that is, corporate income tax will be levied on the one-man company, and then personal income tax will be levied on the wages, salaries and after-tax profits obtained by shareholders.

For example, suppose that in 2009, a sole proprietorship enterprise, a one-person limited liability company, has 30 employees, total assets of 3 million yuan, and an annual profit of 250,000 yuan without deducting investors' fees (wages). The monthly salary of investors in sole proprietorship enterprises and one-person limited liability companies is 65,438+03,000 yuan, which has been confirmed by the tax authorities. The wages paid by the investors of a one-person limited liability company are reasonable, and the company meets the conditions for the identification of small-scale low-profit enterprises. The enterprise income tax rate is 20%, and after-tax profits are used to distribute dividends. The tax burden of a sole proprietorship enterprise and a one-person limited liability company is compared.

Individual income tax payable by a sole proprietorship enterprise = (250,000-24,000) × 35%-6750 = 72,350 yuan.

Tax payment of one-person limited liability company:

Individual income tax payable on the wages and salaries of investors = [(13000-2000 )× 20%-375 ]×12 = 21900 (yuan).

Payable enterprise income tax = (250000-12×13000 )× 20% =18800 (yuan)

Personal income tax payable for dividends = (250000-12×13000-18800 )× 20% =15040 (yuan).

Total personal income tax and enterprise income tax = 21900+18800+15040 = 55740 (yuan)

Through comparison, it is not difficult to find that despite the existence of repeated taxation, the tax burden of a one-person limited liability company is lighter than that of a sole proprietorship enterprise because the enterprise income tax law cancels the restriction on taxable wages. In addition, a one-person limited liability company, as an independent legal person, only bears limited liability, and the risk is relatively small, while a sole proprietorship enterprise has to bear unlimited liability and the risk is greater. The registered capital of a one-person limited liability company shall not be less than 654.38+10,000 yuan, and must be paid in full at one time; A sole proprietorship enterprise has no minimum registered capital. Therefore, investors should comprehensively consider the income tax burden, business risk, business scale, management mode, investment amount and other factors, and choose the enterprise organization form suitable for their actual situation to maximize investment benefits.

Second, the way of investment planning

Since the investor of a sole proprietorship enterprise bears unlimited liability and is not limited by the amount of investment, the law does not require the sole proprietorship enterprise to have a minimum registered capital, but only requires the investor to have his own declared amount of investment, which is conducive to the establishment and development of the sole proprietorship enterprise. Establish a sole proprietorship enterprise and allow personal property to contribute. If family property is used as personal contribution, the family property shall bear unlimited liability for the company's debts. Therefore, it is more prudent to invest with family property, so as to avoid financial difficulties for the whole family due to business failure.

In the choice of capital contribution, the law allows investors to make capital contributions in cash, in kind and intangible assets, but not in labor services.

Third, the planning of financing methods.

According to the tax law, dividends can only be paid with after-tax profits and cannot be deducted before tax, so the capital cost is high and the tax burden is heavy; Interest is allowed to be deducted before tax, which has the effect of tax saving, which is equivalent to the state taking part in interest expenses for enterprises through income tax reduction and exemption, thus reducing the cost of borrowing funds. It is worth noting that in the tax planning of financing decision-making, the reduction of tax burden does not necessarily mean the increase of owner's equity. If the debt-to-capital ratio is too high, it will increase the total cost of funds and increase the risk of bankruptcy, especially for investors in sole proprietorship enterprises, they will bear unlimited responsibilities. Therefore, we should not only pay attention to the tax burden in financing, but must take the maximization of enterprise value as the standard for choosing financing schemes.

In addition, leasing, as a special financing method, is of great significance to reducing corporate tax burden. For the lessee, operating lease can not only avoid the risk of rapid upgrading of equipment, but also allow pre-tax deduction of paid rent; In financial leasing, the handling fee paid by the lessee and the interest paid after installation and delivery can be directly deducted before tax in the current payment period, and the financing cost is lower than the equity capital. The equipment improvement expenditure of the financial lessor can be used as deferred assets and amortized within not less than five years. Therefore, leasing financing can realize rapid amortization and tax saving.

Four, tax audit and approved collection method planning

There are two methods to calculate the personal income tax payable for the production and operation of a sole proprietorship enterprise: audit collection and verification collection. Audit collection allows to refer to the calculation method of taxable income of enterprise income tax, deduct the costs, expenses and losses related to its business income, and then deduct the investor's own expenses according to the personal income tax law to calculate the taxable income. Approved collection includes fixed collection, approved taxable income rate collection and other reasonable collection methods. As far as the collection method of approved taxable income rate is concerned, the taxable income rate of different industries only stipulates the proportion range, and the minimum proportion and the maximum proportion of the same industry are quite different.

The tax law stipulates that enterprises operating in multiple industries, regardless of whether their business items are accounted for separately, should determine the applicable taxable income rate according to their main items, which may lead to businesses with lower taxable income rate paying taxes according to higher taxable income rate; Investors who implement the approved tax cannot enjoy the preferential policies of individual income tax; After the sole proprietorship enterprise that implements the audit tax calculation method is changed to the approved tax calculation method, the uncompensated part of the annual operating loss identified under the audit tax calculation method will no longer be made up. For the approved collection method, these factors may increase the corporate tax burden.

In contrast, the way of auditing and collecting accounts can enjoy some tax benefits, and the tax-related risks are small, which is convenient for investors and tax authorities to fully grasp the production and operation of enterprises. After comprehensive weighing, investors had better choose the way of audit and collection, which requires a sole proprietorship enterprise to set up account books in accordance with state regulations, calculate income, costs and expenses, and file tax returns on schedule.

V. Planning of costs and expenses

Under the premise of a certain total income, a sole proprietorship enterprise should increase the amount of deductible items as much as possible, reasonably increase costs and expenses, and thus reduce personal income tax.

(1) Wage and salary planning. According to the document Caishui [2008] No.65, the reasonable wages and salaries actually paid to employees, the allocated trade union funds, the employee welfare expenses and the education expenses incurred by a sole proprietorship enterprise are deducted within the standards of 2%, 14% and 2.5% of the total wages and salaries respectively. Since the investor's salary cannot be deducted before tax, if the investor's family or relatives work in a sole proprietorship enterprise, their salary and welfare expenses should be increased; For managers and technicians employed by enterprises, reasonable wages should be paid to them, and part of the wages should be welfare, which not only retains talents, but also increases pre-tax expenses.

(2) Planning of advertising expenses and business promotion expenses. The advertising expenses and business promotion expenses incurred by a sole proprietorship enterprise in each tax year, which do not exceed the sales (business) income 15% of that year, can be deducted according to the facts; The excess is allowed to be carried forward and deducted in future tax years. Because there is no distinction between advertising fees and business promotion fees, in low-profit years, a sole proprietorship enterprise can give gifts and souvenirs printed with corporate logo to customers without going through advertising companies and media, which not only promotes the enterprise, but also reduces the advertising cost; In the years with more profits, in order to avoid the higher tax rate of rising income, advertising expenses can be increased, and the advertising expenses exceeding the limit can be carried forward to the next year for deduction, which can reduce the tax burden while promoting enterprises.

(3) Planning of business entertainment expenses. Business entertainment expenses directly related to production and operation of a sole proprietorship enterprise in each tax year shall be deducted according to 60% of the amount incurred, but the maximum amount shall not exceed 5‰ of the sales (business) income of that year. According to this regulation, business entertainment expenses incurred by enterprises, whether reasonable or not, are not allowed to be deducted in full. Therefore, don't mix travel expenses, conference expenses, transportation expenses and other expenses with business entertainment expenses, but the catering expenses, accommodation expenses and accommodation expenses generated by enterprises participating in product fairs and exhibitions.

(four) accounting for household expenses and business expenses. According to the tax law, the living expenses of investors and their families are mixed with the production and operation expenses of enterprises, which is difficult to separate. All living expenses incurred as investors and their families are not allowed to be deducted before tax. Therefore, household expenses and business expenses should be accounted for separately, especially for investors who operate with their own real estate. They should separate office space from life, and account for rent, utilities, telephone charges, property management fees, etc. Separate, so that business expenses can be charged before tax.

Planning of intransitive verbs to prepay income tax

If the income from production and operation obtained by the investors of a sole proprietorship enterprise is paid in advance on a monthly basis, the taxpayer shall file a tax return within seven days after the end of each month; In case of quarterly advance payment, the taxpayer shall file a tax return within 7 days after the end of the quarter; After the end of the tax year, the taxpayer shall make final settlement within 3 months. How to pay taxes in advance can not only save costs and increase liquidity, but also achieve the purpose of saving taxes without violating the tax law? An enterprise may pay taxes in advance according to the actual monthly or quarterly profit, the monthly or quarterly average taxable income of the previous tax year or other methods recognized by the tax authorities. Enterprises can determine the best prepayment method according to the actual situation. If the benefit of this year is expected to be better than that of the previous year, they can choose to pay in advance according to the monthly or quarterly average amount of taxable income of the previous year; On the other hand, pay taxes in advance according to the actual monthly or quarterly profits of this year. In the choice of tax payment time, you can declare after the calculation of accounting profits and taxable income, and only declare and not pay. When you pay taxes on the last day of three months after the end of the year, you can not only pay taxes on time, but also have more liquidity in these three months.

A sole proprietorship enterprise with a turnover of less than 20,000 does not necessarily belong to the tax-free object. Because the individuals mentioned in the Detailed Rules for the Implementation of the Provisional Regulations on Value Added Tax and the Detailed Rules for the Implementation of the Provisional Regulations on Business Tax only refer to individual industrial and commercial households and other individuals. The investors of a sole proprietorship enterprise are not clearly listed, and whether they need to pay taxes depends on the specific management regulations of the local competent tax authorities.