An enterprise was found to have evaded taxes due to improper application of the R&D expense additional deduction policy. What should I pay attention to in the additional deduction of R&D expenses of enterprises? What exactly does the tax bureau check? What are some common misunderstandings in practice? ……
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Improper application of the additional deduction policy
Fined 400,000!
On October 20, 2022, the Jiangsu Provincial Taxation Bureau notified a case of additional deduction of R&D expenses:
Brief:
In a certain R&D project of a unit in 2018, it did not belong to the scope of new product development, but only improved the performance of the corresponding products, but the unit carried out a total of 7,265,814.06 yuan of R&D expenses, and deducted 5,449,360.55 yuan according to 75% at the time of final settlement.
Penalty Result:
1. Increase the taxable income in 2018 by 5,449,360.55 yuan;
2. This behavior constitutes tax evasion, and a 50% fine of 408,702.04 yuan will be imposed on the underpaid enterprise income tax caused by the additional deduction of R&D expenses in 2018.
Through this penalty case, we can see that if the tax bureau improperly uses the policy of additional deduction of R&D expenses, it will be dealt with as tax evasion.
So, what industries, enterprises and activities are not applicable to the additional deduction of R&D expenses?
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Note! Three major scenarios
The additional deduction policy does not apply
1. The six major industries do not apply to the policy of additional deduction of R&D expenses
2. The policy of additional deduction of R&D expenses is not applicable to the three types of enterprises
1. Enterprises whose accounting is not sound and cannot accurately collect R&D expenses;
2. Enterprises that have been approved for collection;
3. Non-resident enterprises.
3. The policy of additional deduction of R&D expenses is not applicable to 7 types of activities
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Circumvent!
Common misunderstandings of R&D expense plus deduction
Myth 1: Only high-tech enterprises can enjoy the additional deduction of R&D expenses.
Correct:
As long as the financial accounting is sound and can accurately collect R&D expenses, resident enterprises can enjoy the preferential policy of additional deduction of R&D expenses.
Myth 2: Only the labor expenses incurred by personnel specializing in R&D activities are allowed to enjoy the preferential treatment of additional deduction of R&D expenses.
Correct:
Personnel who are engaged in R&D activities and also undertake functions such as production and operation management can also be classified as research and development personnel, but since they are simultaneous acts, their expenses should be apportioned according to a reasonable method, such as the proportion of actual working hours.
Myth 3: Loss-making enterprises cannot enjoy the preferential treatment of additional deduction of R&D expenses
Correct:
Both profit-making enterprises and loss-making enterprises can enjoy the preferential treatment of additional deduction of R&D expenses.
Myth 4: Failed R&D activities cannot enjoy the preferential treatment of additional deduction of R&D expenses.
Correct:
According to the announcement of the State Administration of Taxation on issues related to the scope of pre-tax deduction of R&D expenses (Announcement [2017] No. 40 of the State Administration of Taxation), R&D expenses incurred in failed R&D activities can enjoy the pre-tax additional deduction policy.
Myth 5: Independent research and development needs to pass the appraisal or project approval of the science and technology department in advance, and it is necessary to go to the tax department for the record before enjoying the preferential treatment of additional deduction of R & D expenses.
Correct:
Announcement No. 23 of 2018 of the State Administration of Taxation issued the revised Measures for the Handling of Preferential Policies for Enterprise Income Tax, clarifying that when enterprises enjoy tax incentives, they shall adopt the method of "self-determination, declaration and enjoyment, and retention of relevant information for future reference".
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R&D expenses are deducted
How to check the tax bureau?
1. Check the fee
The following figure shows the additional deductible expenses:
As long as the R&D expenses collected by the enterprise are incorrect, it may become the target of the tax bureau's inspection.
For example, the amortization expense of intangible assets, only the amortization of the part of the intangible assets used for R&D can be included in the R&D expenses, and the others cannot be included and deducted.
Second, check the industry
For example, the R&D expenses of high-tech enterprises have attracted special attention.
The R&D expenses involved in the application of high-tech enterprises are completely different from the R&D expenses in the R&D expenses plus deduction policy, and if the collection is not clear, the tax risk is extremely great.
For example, there is a certain difference between the two:
Therefore, the R&D expenses of special industries must be correctly collected, otherwise the tax authorities will also check and accurately.
3. Check the retained information
According to the regulations, enterprises enjoying the additional deduction of R&D expenses shall retain the following information for future reference:
1. Independent, commissioned and cooperative research and development project plan and the resolution document of the competent department of the enterprise on the establishment of independent, commissioned and cooperative research and development projects;
2. The establishment of independent, commissioned and cooperative research and development institutions or project teams and the list of R&D personnel;
3. Contracts for commissioned and cooperative research and development projects registered by the administrative departments of science and technology;
4. Explanation of the cost allocation of personnel engaged in R&D activities (including external personnel) and instruments, equipment and intangible assets used for R&D activities (including work use records and evidence materials for cost allocation calculation);
5. The final account of the R&D expenses of the centralized R&D project, the detailed statement of the cost allocation of the centralized R&D project and the actual proportion of shared income;
6. "R&D expenditure" auxiliary account and summary table;
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Collection!
R & D expenses plus deduction in one picture
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