Tax planning method of value-added tax saving

Tax planning refers to the taxpayer's economic behavior of maximizing after-tax financial benefits through pre-arrangement and planning of investment, financial management, organization and operation under the guidance of tax policy within the scope permitted by the tax law, when there are many tax payment schemes to choose from.

Legal objectivity:

(A) tax planning in the process of financing Different financing schemes have different tax burdens, which provides taxpayers with operating space for tax planning in financing decisions. 1. Determination of debt ratio With debt financing, taxpayers can not only get income, that is, (investment rate before interest and tax-debt cost rate) × total debt ×( 1- income tax rate); In addition, interest on liabilities can be deducted before income tax. Compared with dividends that cannot be used as expenses and can only be distributed in after-tax profits, debt financing can pay less income tax and get tax-saving benefits. Therefore, if the return on investment before interest and tax is greater than the debt cost ratio, increasing the debt ratio can get more benefits from the above two aspects and improve the income level of equity capital. But the more debt, the better, because with the increase of debt ratio, the financial risk of enterprises will also increase, and even a debt crisis will occur. Tax planning of debt financing is to find out the most appropriate debt ratio as much as possible. 2. Using financial leasing Through financial leasing, taxpayers can not only obtain the assets they need quickly, but also preserve their borrowing ability. More importantly, the rented fixed assets can be depreciated, and depreciation can be used as a cost, which reduces the tax base of income tax, pays less income tax, and deducts the rental interest paid before income tax, further reducing the tax base. Therefore, the tax-saving benefits of financial leasing are very obvious. 3. Handling of financing interest According to the provisions of the tax law, the interest expenses incurred during the preparation period of enterprise financing are included in the start-up expenses and amortized in installments for a period of not less than five years from the date when the enterprise is put into production; Expenses related to the purchase and construction of fixed assets or intangible assets during production and operation are included in financial expenses. Before the assets have not been delivered for use, but the final accounts have not been processed, they are included in the value of the purchased assets. However, if it is included in the financial expenses, the current income can be offset in one lump sum; if it is included in the start-up expenses, fixed assets or intangible assets, it will be amortized by stages to offset the income in subsequent periods gradually. The difference is that the financing interest can be deducted as soon as possible when it is included in the financial expenses, which reduces the risk, obtains the time value of the funds and saves the tax relatively. Therefore, the share of financing interest expenses included in financial expenses should be increased as much as possible to obtain relative tax savings. Therefore, we should shorten the preparation period and purchase and construction cycle of assets as much as possible. 4. Choice of amortization methods for bond premium and discount. The amortization of bond premium and discount is essentially the adjustment of interest expenses, so it is the influencing factor of income tax. There are two amortization methods of bond premium and discount: the real interest rate method and the straight-line method. Different amortization methods will not affect the total amount of interest expenses, but if the real interest rate method is used, the amortization amount of premiums in previous years is less than that of the straight-line method, and the interest expenses in previous years are greater than that of the straight-line method. Enterprises can get relative tax savings by paying less taxes in the early stage and paying more taxes in the later stage. If the straight-line method is adopted, the amortization amount of discount in previous years is greater than that in the real interest rate method, and the interest expense in previous years is also greater than that in the real interest rate method. Enterprises also pay less taxes in the early stage and pay more taxes in the later stage, which can obtain relative tax savings. Therefore, taxpayers should use the effective interest rate method to amortize the bond premium and the straight-line method to amortize the bond discount. (2) There are various investment methods, investment organization forms, investment locations, investment industries or directions for tax planning in the investment process, and different investment methods, organization forms, investment locations, investment industries or directions have different tax treatments. As a deduction of investment income, the amount of tax payable is directly related to the taxpayer's investment yield. Therefore, taxpayers must pay attention to the role of tax planning when making investment decisions. 1. Choice of investment mode According to different modes, investment can be divided into direct investment and indirect investment. Direct investment refers to establishing an enterprise by purchasing operating capital, mastering the actual control right of the invested enterprise, and thus obtaining operating profits. Indirect investment refers to the investment in financial assets such as stocks and bonds. Generally speaking, direct investment should consider more tax factors than indirect investment. Because direct investors have to face all taxes paid by enterprises, such as turnover tax, income tax, property tax and behavior tax. Indirect investment generally only involves income tax on dividends and interest. Therefore, the tax planning space of direct investment is larger and almost all-round. In addition to the tax planning of normal production and operation, direct investment also faces the tax planning of acquiring existing loss-making enterprises or newly-built enterprises. The acquisition of existing loss-making enterprises may increase the burden on enterprises, but it can save a lot of preparation expenses, and it can also be combined with the acquired enterprises to pay taxes to offset the losses of the acquired enterprises, pay less income tax and reduce the overall tax burden. New enterprises don't have to bear it, but the cost of preparation is high and they can't get tax incentives. So enterprises need to make choices according to their own conditions. Indirect investment can be divided into stock investment, bond investment and other financial assets investment according to different specific investment objects. Each of the above forms has different types, and each form and type of investment income faces different tax treatment. For example, dividends obtained from stock investment must be taxed, while interest on national debt investment can be exempted. Therefore, indirect investment must integrate investment risk and income risk for tax planning. 2. Choice of organizational forms There are many organizational forms to choose from for investment and entrepreneurship, such as sole proprietorship, partnership, limited liability company and joint stock limited company. If there are few people and the scale is not large, choose a wholly-owned enterprise. Because, for enterprises with this organizational form, accounting requirements are not high, taxes are generally collected regularly and regularly, and the actual tax burden is low. If the scale is not very large, but there are many investors, it is more appropriate to choose a partnership. Because partnership enterprises and sole proprietorship enterprises only collect individual income tax according to the wage income of individual industrial and commercial households, they do not collect enterprise income tax, so there is no problem of double taxation of income tax. Compared with corporate enterprises, the tax burden is lighter, and because the income tax of partnership enterprises is levied after tax, if there are many investors, the applicable tax rate will be reduced and the tax-saving benefits will be obtained. If the scale is large, you should choose a limited liability company or a joint stock limited company. First, it is conducive to the external image and credit of enterprises; Second, corporate enterprises can enjoy five-year compensation, shareholder loan interest tax deduction, reinvestment credit, retained earnings and other benefits. In these two forms of enterprise organization, we should strive for the form of joint stock limited company. Because, no matter from the external image or tax incentives, joint-stock companies are undoubtedly superior to limited liability companies. As far as the internal organization of corporate enterprises is concerned, there are also options to set up subsidiaries and branches. As an independent legal person, subsidiaries can enjoy tax holidays and many other benefits. The branch is not a legal person and cannot enjoy tax preferential treatment. However, the losses during its operation can be incorporated into the profits and losses of the head office, so it can pay less income tax. When the enterprise just started, it is more likely to lose money. If a branch company is adopted, the losses can be transferred to the head office to reduce the income tax burden of the head office. When enterprises can make steady profits, they can enjoy many tax benefits by setting up subsidiaries. 3. Choice of investment location In the choice of investment location, besides the general factors such as infrastructure, raw material supply, financial environment, technology and labor supply, the tax system differences in different locations should also be considered as the focus. Both domestic investment and multinational companies should make full use of the tax system differences between different regions or regional tax preferential policies. Choose a place with a lower overall tax burden to invest in order to obtain the maximum tax savings. In China, the corporate income tax of special economic zones, coastal open cities and economic and technological development zones is generally 15%, while that of domestic regions is 33%, with a difference of 50% and an absolute difference of 18 percentage points. From a global perspective, some countries or regions do not levy enterprise income tax, and some tax rates are as high as 50% or more, with a larger gap. It can be seen that the choice of investment location has a great influence on the net income of investment. 4. The choice of investment industry is the same as the choice of investment location, and the tax preference of industry and the difference of tax system of different industries can not be ignored. For example, among all industries in China, the income tax burden is the lightest. For example, the investment tax rate for port and wharf construction is 15%, which is tax-free for five years from the profit-making year and levied at half in five years; If the tax burden is light, such as the investment tax rate of high-tech industries in high-tech industrial development zones is 15%, the income tax will be exempted for two years from the profit-making year, and the income tax will be halved for three years; The income tax rate of other industries without tax incentives is 33%, and there is no time limit for reduction or exemption, which shows the great difference. Moreover, China's future tax preferences will surely be on the road of gradually canceling regional preferences and vigorously strengthening industry preferences. Therefore, taxpayers should carefully plan the investment industry. (3) tax planning in the process of operation; The business process involves value-added tax, consumption tax, business tax, enterprise income tax and other taxes. Therefore, in the process of operation, we should mainly plan the matters involving the above-mentioned multiple taxes in order to obtain tax benefits. 1. The choice of VAT taxpayer's identity is meaningful only if it meets the qualification conditions of general taxpayers and the special VAT invoice has no great influence on enterprise operation. The specific method is: let x be the duty-free purchase amount of each period and y be the duty-free sales amount of the corresponding period. If the general taxpayer's input-output tax rate is 17% and the small-scale taxpayer's levy rate is 6%, then YX 17%-XX 17% > YX 6%, that is, when X/Y64.7 1%, the general taxpayer's tax burden is lighter than that of small-scale taxpayers. At this time, you should choose the identity of the general taxpayer. 2. Selection of taxes for mixed sales This kind of planning is meaningful only when taxpayers sell VAT taxable goods and business tax taxable services are basically equal, and it is easier to make sales or turnover exceed each other. The specific method is: let x be the duty-free purchase amount of each period and y be the duty-free sales amount of the corresponding period. If the general taxpayer's input-output tax rate is 17% and the business tax rate is 3%, then YX 17%-XXX 17% > YX.