Is there a commitment to postpone the recognition of investment income in equity transfer?

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1, Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Issues Related to Corporate Income Tax Handling in Policy Relocation or Disposal of Enterprises (Guo [2009]10/No.8) stipulates that within five years from the next year of planned relocation, the relocation income or disposal income obtained by enterprises will not be included in the taxable income of enterprises temporarily, and if the relocation is completed within five years, the relocation income of enterprises will be treated according to the above.

2. The Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Several Issues Concerning the Treatment of Enterprise Income Tax in Enterprise Restructuring Business (Caishui [2009] No.59) stipulates that if the enterprise restructuring meets the conditions specified in Article 5 of this Notice, both parties to the transaction may make special tax treatment on the equity payment part of the transaction according to the following provisions: (1) If the taxable income confirmed by enterprise debt restructuring accounts for more than 50% of the taxable income of the enterprise in the current year, it may be within the time limit of five tax years.

When an enterprise converts creditor's rights into equity, it will not confirm the gains or losses of debt settlement and equity investment for the time being, and the tax basis of equity investment will be determined by the tax basis of the original creditor's rights. Other related income tax items of the enterprise remain unchanged.

3. Article 7 of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Several Issues Concerning the Treatment of Enterprise Income Tax in Enterprise Restructuring Business (Caishui [2009] No.59) stipulates that when an enterprise purchases equity or assets in China and overseas (including Hong Kong, Macao and Taiwan), it shall meet the conditions specified in Article 5 of this Notice and the following conditions at the same time. Only the special tax treatment provisions can be applied: (3) The assets owned by the resident enterprise or the resident enterprise referred to in Item (3) of Article 7 of this notice is invested in the non-resident enterprise with 65,438+0,000% direct holding relationship with its assets or equity. If special tax treatment is selected, the income from the transfer of assets or equity can be uniformly included in the taxable income of each year in 1 tax year.

According to the new tax law, State Taxation Administration of The People's Republic of China, China no longer has deferred policies on donation income, non-monetary assets investment transfer income and net investment transfer income. However, the tax bureaus in some areas answered some questions about the enterprise income tax in 2008, such as:

1. Wuxi State Taxation Bureau stipulates that the income from the transfer and disposal of equity investment, investment in non-monetary assets, debt restructuring, donations, etc. obtained by an enterprise in a tax year, which accounts for 50% or more of the taxable income of that year, can be included in the taxable income of each year within a period of not more than 5 years.

2. Jilin Province: Notice of Jilin Provincial State Taxation Bureau on Several Business Issues of Enterprise Income Tax (Ji Guo Guo Shui Fa [2009] No.65) stipulates deferred tax payment issues such as debt restructuring income. It is indeed difficult to pay taxes in a tax year if the income from asset transfer confirmed by foreign investment of some non-monetary assets in enterprise business activities, the income from asset transfer or debt restructuring confirmed by debtors paying off debts with non-monetary assets or creditors making concessions in enterprise debt restructuring, and the income from donations confirmed by enterprises accepting non-monetary assets are relatively large (referring to the income from investment transfer, debt restructuring and donation of non-monetary assets in a tax year accounting for 50% or more of taxable income). Taxation is the most important regulator of the national economy. With the development of economy, the tax law becomes more and more complicated, and the tax adjustment becomes more and more frequent. It holds the tax lifeline of enterprises and urgently needs comprehensive tax management ability. Reasonable tax avoidance can search for "tax treasure"-tax planning experts! Free planning, government support package landing!