Interpretation of 2022 tax refund policy

1. The main contents of the new policy for the tax refund of excess tax credits. This year’s new policy for tax credit refunds has three major features: First, it focuses on “small and micro enterprises and key supported industries”; second, it focuses on “incremental tax credits and existing tax credits”. The third is to make "institutional, one-time and phased" arrangements simultaneously. Specifically, the new policy mainly includes two categories: First, the small and micro enterprise tax credit refund policy, that is, in 2022, the existing tax credits will be refunded to qualified small and micro enterprises in all industries in one go, and the incremental tax credits will be refunded on a monthly basis. The second is the tax credit refund policy for manufacturing and other industries, which applies to "manufacturing industry", "scientific research and technical service industry", "electricity, heat, gas and water production and supply industry", "transportation, warehousing and postal industry" and " Eligible enterprises in the six industries of "software and information technology services industry" and "ecological protection and environmental management industry" will receive a one-time refund of the existing tax credits and a full refund of the incremental tax credits on a monthly basis. Five issues are highlighted here: First, the scope of the policy of monthly refund of incremental retained tax credits for advanced manufacturing industries will be expanded to all small and micro enterprises and six key industries, and as a long-term policy. Second, all eligible small and micro enterprises and enterprises in manufacturing and other industries will be refunded the existing retained tax credits formed before April 1, 2019. This existing tax refund policy is a one-time policy. The “one-time” here means that after the taxpayer obtains the existing excess tax refund, he will no longer have the existing excess tax credit. Third, the universal tax refund policy implemented in 2019 has set a tax refund threshold of "the incremental tax credit for six consecutive months is greater than zero, and the sixth month is no less than 500,000 yuan." This tax refund threshold for micro-enterprises will be phased out. Article 1 of Announcement No. 14 stipulates that the implementation period is before December 31, 2022. Fourth, the applicable subjects of the excess tax refund policy for small and micro enterprises and manufacturing industries include not only enterprises, but also individual industrial and commercial households that calculate taxes according to the general tax calculation method. Fifth, from the perspective of policy classification and conditions, there may be overlap in the applicable subjects of the tax credit refund policy for small and micro enterprises and the tax credit refund policy for manufacturing and other industries. That is to say, a certain taxpayer, such as a small and micro enterprise in the manufacturing industry, can both The tax refund policy for small and micro enterprises can also be applied to the tax refund policy for manufacturing and other industries. Taxpayers can choose to apply it independently, and the effect of the policy implementation is the same.

2. Determination of the applicable subjects of the new policy of excess tax refund. First, the determination of six industries including manufacturing. The determination of taxpayers who are eligible for the excess credit tax refund policy in six industries, including manufacturing, continues the previous "subordinate" application principle of the advanced manufacturing industry's excess credit tax refund policy, and determines whether the taxpayer meets industry-related conditions based on the taxpayer's main business. , rather than determined by the industry in which the taxpayer is registered. That is to say, as long as the total value-added tax sales incurred by the taxpayer engaged in six industries including manufacturing account for more than 50% of the total value-added tax sales, it will meet the subject conditions of six industries including manufacturing. Three issues need to be emphasized here: First, regarding the calculation range of sales proportion. The sales proportion is calculated and determined based on the sales volume for the 12 consecutive months before the taxpayer applies for tax refund. It should be noted that when calculating the sales ratio, the numerator of the calculation formula is the total value-added tax sales under the six industries. Second, regarding industry registration information. For taxpayers whose six types of income account for more than 50%, but the industry information registered by the taxpayer does not belong to these six industries, especially when a certain type of income among the six industries is the highest value of the taxpayer's various types of income, it is recommended to pay tax People should handle changes to industry registration information in a timely manner and in accordance with regulations. Third, the implementation of the tax refund policy for advanced manufacturing industry will be suspended. After the advanced manufacturing industry’s incremental excess tax refund policy was extended to six industries including manufacturing, and tax refunds were implemented for the existing excess tax credits, the six industries including manufacturing industry’s additional tax credit refund policy has fully covered the previous incremental advanced manufacturing industries. Excess tax refund policy. Therefore, after the implementation of the New Deal, the incremental excess tax refund policy for advanced manufacturing industries will also cease to be implemented. The second is the classification standard regarding enterprise size. At present, there are two main classification standards announced by relevant departments: First, the "Classification Standards for Financial Industry Enterprises" issued by the People's Bank of China and five other departments, which classify financial industry enterprises based on one indicator: "total assets". The second is the "Standard Regulations for Classification of Small and Medium-sized Enterprises" issued by the Ministry of Industry and Information Technology and other four ministries and commissions, which uses one or a combination of two indicators from the three indicators of "operating income", "total assets" and "employees" to classify 16 types of industries respectively. Carry out patterning. In addition, there are six types of industries such as "education" and "health" that are not included in this classification standard.

In order to effectively ensure the implementation of the excess credit tax refund policy and adhere to the principles of unified standards and full coverage, the excess credit tax refund policy uses the two indicators of "operating income" and "total assets" in the above two standards to determine the size of the enterprise. At the same time, for industries that do not have "operating income" or "total assets" indicators in the two standards, as well as industries that are not included in the classification of the two standards, the classification standards are clarified as follows: The micro enterprise standard is value-added tax sales (annual ) below 1 million yuan (excluding 1 million yuan); the standard for small enterprises is VAT sales (annual) below 20 million yuan (excluding 20 million yuan); the standard for medium-sized enterprises is VAT sales (annual) 100 million yuan Below (excluding 100 million yuan). Three issues are emphasized here: First, the total assets indicator is determined based on the end-of-year value of the taxpayer’s previous fiscal year. Second, the operating income indicator is determined based on the taxpayer’s value-added tax sales in the previous fiscal year. Value-added tax sales include tax declaration sales, audit sales, and tax assessment adjustment sales. If the value-added tax difference tax policy applies, the sales volume after the difference will be determined. Third, in the application of classification indicators in the "Classification Standards for Small and Medium-sized Enterprises", some need to meet two indicators at the same time, and some only need to meet one of the indicators. Taxpayers should consider the different national economic industries they are in. The corresponding marking indicators apply.

3. Regarding the basic conditions for the tax credit refund, the new tax credit refund policy in 2022 continues the basic tax refund conditions for the incremental tax credit refund policy for advanced manufacturing industries, that is, the following four conditions need to be met at the same time: (1) Pay tax The credit rating is A or B; (2) There has been no fraudulent use of retained tax refunds, export tax refunds or false VAT invoices in the 36 months before applying for tax refund; (3) There has not been any case of tax evasion in the 36 months before applying for tax refund. The tax authorities have imposed penalties twice or more; (4) From April 1, 2019, the tax authorities have not enjoyed the tax-refund-then-refund, tax-first-refund (refund) policy. Three issues need to be explained here: first, these four conditions are also applicable to the tax refund policy for small and micro enterprises and the tax refund policy for manufacturing and other industries; second, these four conditions are applicable to the tax refund for incremental tax credits and the tax refund for existing tax credits. The same applies to tax credits and refunds; thirdly, after the promulgation of the New Deal, the universal tax credit refund policy stipulated in the "Announcement of the Ministry of Finance, State Administration of Taxation, and General Administration of Customs on Relevant Policies for Deepening the Reform of Value-Added Tax" (2019 No. 39) means that the old policy will continue To implement, compared with the new policy, the old policy, in addition to meeting these four conditions at the same time, still needs to meet the tax refund requirement of "the incremental excess tax credit for six consecutive months is greater than zero, and the sixth month is not less than 500,000 yuan." threshold requirements.

IV. Regarding the calculation of the amount of excess tax credit refund: First, it is about the existing tax credit amount and the incremental tax credit amount. The amount of retained tax allowed to be refunded is calculated based on the balance of retained tax, which includes incremental retained tax and existing retained tax. The remaining amount of retained tax credits refers to the amount of retained tax credits formed by taxpayers before the implementation of the retained tax credit refund system. When determining the amount of existing retained tax credits, the taxpayer's ending tax retained tax amount at the end of March 2019 is used as the standard value. If the taxpayer's current period-ending retained tax credit amount is greater than the ending tax retained tax credit amount at the end of March 2019, the amount at the end of March 2019 will be the remaining retained tax credit amount. If the taxpayer's ending tax credit amount for the current period is less than the ending tax credit amount for the end of March 2019, the taxpayer's ending tax credit amount for the current period will be the remaining tax credit amount. It should be noted that after a one-time refund of the existing retained tax credit, the existing retained tax credit will be zero. Incremental tax credit refers to the newly increased tax credit amount of taxpayers after the implementation of the tax credit refund system, that is, after April 1, 2019. As mentioned above, if the taxpayer's ending tax credit for the current period is greater than the ending tax credit at the end of March 2019, the increase will be the incremental tax credit. It should be noted that once the taxpayer obtains the existing tax credit refund, it no longer needs to be compared with the ending tax credit amount at the end of March 2019. The ending tax credit amount of the current period is the incremental tax credit amount. The second is the regulations on the proportion of input. In order to simplify the operation and reduce the accounting burden on taxpayers, the new tax credit refund policy does not distinguish between existing tax credit refunds and incremental tax credit refunds, and sets a unified input composition ratio for both. At the same time, the calculation range is also the same as the old policy, which is uniformly set from April 1, 2019 to before applying for tax refund.

It should be noted that the tax deduction vouchers included in the calculation of the input composition ratio include fully digitized electronic invoices with the words "Special Value-Added Tax Invoice" and electronic ordinary VAT invoices for toll highway tolls included in the scope of input deduction vouchers. As the numerator of the input composition ratio calculation formula, this adjustment also applies to the old policy that continues to be implemented. The third is about the refundable excess tax credit. Multiply the taxpayer's current incremental retained tax credit or existing retained tax credit by the input composition ratio to calculate the taxpayer's current refundable incremental retained tax credit or existing retained tax credit.

5. Regarding tax refund application time, this year’s new tax refund policy for excess tax credits distinguishes between incremental and existing tax, focuses on key time nodes, and implements step-by-step tax refunds. The specific timetable is: (1) Regarding incremental excess tax refund. Qualified small and micro enterprises and enterprises in manufacturing and other industries can apply to the competent tax authorities for a monthly refund of the incremental excess tax credit starting from the tax declaration period in April 2022. (2) Regarding tax refunds for existing excess credits. Micro enterprises, small enterprises, medium-sized enterprises and large enterprises can apply for a refund of the existing excess tax credits starting from the tax declaration period in April, May, July and October 2022 respectively. The following matters need to be emphasized here: First, taxpayers should complete the current VAT return before applying for an excess tax refund. Second, the general rule on the application time for excess tax refund is that taxpayers should apply for excess tax refund within the value-added tax return period; at the same time, considering that this year’s excess tax refund involves many small and micro enterprises and other market entities, in order to better serve Taxpayers, the time for applying for excess tax refund from April to June 2022 has been extended from the tax return period to the last working day of each month. Starting from July 2022, the time for applying for excess tax refund will return to the value-added tax return period. Third, the provision on extending the application time for the tax refund from April to June applies not only to the new policies introduced this time, but also to the old policies that continue to be implemented. Fourth, there is a certain difference in the application time for the existing tax refund and the incremental tax refund. In order to avoid unnecessary burdens on taxpayers, taxpayers can apply for the existing tax refund and the incremental tax refund at the same time if they meet the prescribed tax refund application time. Tax credit and refund. For example, micro-enterprises can apply for both existing excess tax refunds and incremental excess tax refunds in April 2022. Therefore, after completing the current value-added tax return in April, micro-enterprises only need to submit a tax refund to the competent tax authorities. By applying, you can apply for both the existing tax refund and the incremental tax refund at the same time. Fifth, the above-mentioned time is the starting time for applying for a one-time inventory tax refund. If taxpayers do not apply in the current period, they can also apply in accordance with the regulations in subsequent tax reporting periods. For example, micro-enterprises can apply for tax refunds for existing tax credits starting from the tax filing period in April 2022. If they do not apply in April, they can also apply for tax refunds in May and later.

6. Integration with the policy of tax refund immediately, tax first and refund (refund). According to the current regulations, taxpayers cannot apply the excess tax refund policy and the tax refund immediately, tax first and refund (refund) at the same time. Policy, that is to say, those who have enjoyed the tax refund immediately, levy first and then refund (refund) are not allowed to apply for a refund of the excess tax credit; those who have received the tax refund of the excess credit are no longer allowed to enjoy the tax refund immediately, levy first and then refund (refund). ). After the intensification of the tax refund for the excess credit this time, there may be taxpayers who previously chose to enjoy the tax refund immediately or tax refund (refund after tax) and hope to choose the refund of the tax credit again; at the same time, there are also taxpayers who did not consider it when applying for the refund of the tax credit Comprehensive, we also hope to give you the opportunity to re-choose and enjoy the benefits of "contract and then withdraw", "enroll first and then return (retreat)". In response to the above concerns of taxpayers, Announcement No. 14 clearly stipulates that taxpayers can apply to enjoy the VAT refund immediately and first collection tax in accordance with the regulations after paying back all the tax refunds they have received in one go before October 31, 2022. Return (return) policy. Taxpayers who have enjoyed the VAT refund after collection and refund after collection policy since April 1, 2019, can make a one-time refund of VAT that has been refunded before October 31, 2022. After all the taxes collected first and refunded later (refunded) are paid in full, the tax refund amount shall be applied for refund in accordance with the regulations. What needs to be emphasized here is that, first, taxpayers must complete the repayment of all refunded taxes before October 31, 2022. Second, taxpayers must transfer all the remaining tax refunds that need to be paid into the treasury before they can transfer the input tax to continue to be deducted; if they have not fully paid back into the treasury, they cannot transfer it to continue to deduct.

7. Regulations on the Collection and Administration of Excess Credit Tax Refund When the system for the excess credit tax refund was established in 2019, the State Administration of Taxation issued the "Announcement of the State Administration of Taxation on Matters Concerning the Refund of the End-of-Period Value-Added Tax Credit Amount" (State Administration of Taxation) The State Administration of Taxation Announcement No. 20 of 2019 (hereinafter referred to as Announcement No. 20) clearly stipulates collection and management matters related to the entire process of application, acceptance, review, and withdrawal of excess tax credits. The tax refund policy introduced this time does not make any substantial adjustments to the current tax refund processing process. Looking at each link, the specific provisions are as follows: First, regarding taxpayers’ application for tax refund. When taxpayers apply for a refund of excess tax, they only need to submit a "Tax Refund (Credit) Application Form". This application form can be submitted in person through the tax service office or online through the electronic tax bureau. In combination with the new policy content, the filling content of the "Tax Refund (Credit) Application Form" has been adjusted accordingly, some columns have been added, and the descriptions of some columns have been adjusted. At the same time, in order to facilitate taxpayers to apply for tax refunds, various electronic tax bureaus have implemented The "Tax Refund (Credit) Application Form" has a pre-filling function for most data. Taxpayers can also modify the pre-filled content based on actual business conditions, and finally confirm it before submitting a tax refund application. The second is about the approval of retained tax refund. After the tax authorities accept the taxpayer's application for tax refund, they will conduct a tax refund review in accordance with regulations and issue review results based on different circumstances. The first situation is that if the taxpayer meets all tax refund conditions and no suspected risks or unresolved matters are found, the tax refund will be granted. The second situation is that if the taxpayer does not meet one or more conditions for the excess tax refund, the excess tax refund will not be granted. The third situation is that although the taxpayer meets the conditions for the tax credit refund, if there are any risk doubts or related unsolved matters, the application for the tax credit refund will be suspended, the relevant risk doubts will be investigated, and the unhandled matters will be dealt with. After the processing is completed, continue to apply for the tax refund as required. The third is about the issuance of tax income refund documents. When the tax authority makes a decision to grant a tax refund, a tax revenue refund letter will be issued accordingly and sent to the treasury department at the same level. The fourth is about the tax refund link. After receiving the tax revenue refund letter from the tax authority, the treasury department will review the refund to the treasury in accordance with regulations. After passing the review, the tax refund will be refunded to the account designated by the taxpayer.