The tax planning methods used in the previous business tax era are no longer in line with the actual situation after the “replacing business tax with value-added tax”.
Before the implementation of the “replacing business tax with value-added tax” policy, there was a tax burden that was not linked to income and cost.
Regardless of whether the final contract is fulfilled or whether it is fulfilled on schedule, the tax payable shall be calculated and affixed.
Tax planning should take place before tax behavior, so enterprises should do the corresponding planning work in advance.
2.
Construction projects are irreplaceable and unique, and almost no two projects are exactly the same; 2.
There are various business forms, such as general contracting, subcontracting, subcontracting, etc.
In order to reduce costs during the construction of engineering projects, they generally choose to purchase all kinds of materials from nearby places.
The revision of the contract text of the unified contract model mainly focuses on the tax rate, taxable behavior, tax calculation method, taxpayer type, invoice type, issuing time and liability for breach of contract of non-conforming invoices.
After comprehensive review by all departments, the contract template is printed uniformly, which can not only save the contract review time, but also effectively avoid the losses caused to the company by contract risks.
The amount of these contracts largely affects the tax expenditure of the enterprise.
Therefore, in the design of the contract, this situation should be fully considered to determine a more reasonable contract amount.
Even if the input of the project operating cost was too large and there was a loss, the business tax and surtax should still be borne by the enterprise according to the contract completion.
Because there are many projects advanced in the construction industry and the capital inflow time is late, many suppliers often provide bills only when they make payment, so they miss the best time for input tax deduction.
01 characteristics of construction enterprises the production and operation of construction enterprises have their own characteristics.
different business forms bear different tax obligations; 4.
Theoretically, the tax burden of construction enterprises should be reduced after the implementation of “replacing business tax with value-added tax”, but there is still a certain deviation between the theoretical analysis and the actual situation in practice.
As an important pillar industry in China, the construction industry, “replacing business tax with value-added tax” is both an opportunity and a challenge for construction enterprises.
Wuhan “Manmian finance and taxation” is the brand of Manmian tax consulting (Wuhan) Co., Ltd., which mainly provides the company with: registered business license, agency bookkeeping, industrial and commercial agency, license handling, intellectual property rights, tax planning consulting and other financial and taxation services; The key personnel of the company have 10 years of relevant industry experience..
they not only need to face the choice of general tax calculation and simple tax calculation, but also need to pay attention to subcontracting, asset and goods sales Labor demand and provision; 2.
The tax categories involved in construction enterprises mainly include: enterprise income tax, value-added tax, urban construction tax, education surcharge, local education surcharge, shareholder personal income tax and so on.
4.
Construction enterprises need to sign various contracts in the process of project construction, such as material transportation contract, labor subcontract, machinery lease contract and so on.
Enterprises should seriously study, master and study the national tax laws, regulations and macro tax policies, and be an active taxpayer.
Construction enterprises mainly adopt the bidding contracting mode in the form of contract, and there are many clauses in the economic contract that have a great impact on the tax burden of enterprises.
Therefore, construction enterprises should attach great importance to tax management and reasonably use tax planning methods to reduce the tax burden of enterprises.
In addition, in order to make up for the loss of excessive stamp duty, it can also be agreed in the contract: “if one party is at fault and the contract cannot be performed or fully performed, the party at fault is responsible for compensating the other party for the overpaid tax”.
Pay attention to the tax related terms of the contract.
Stamp duty shall be calculated according to the amount specified in the contract.
05 summary the tax planning of construction enterprises is a systematic project affected by many factors.
Value added tax, surtax and enterprise income tax are the main taxes of construction industry.
Most of the materials, materials and labor costs cannot be deducted from the input tax, which increases the tax burden of the enterprise and increases the capital occupation of the enterprise; 5.
In particular, it should be pointed out that the tax collection basis of the tax authorities is the contract, so the construction enterprises must pay special attention to the signing of the contract and control the tax from the source.
Remote construction projects occupy most of the projects of construction enterprises, which provides space for enterprises to use the organizational form for tax planning; 3.
Construction enterprises have obvious characteristics of operation in different places.
The agreed time for providing bills is also an important factor in the deduction link.
When signing economic contracts, construction enterprises must pay attention to the relevant factors affecting the tax burden, such as the similarities and differences between building material costs and building construction costs, the transfer methods of land transfer contracts, the differences between contracting public and non contracting materials and contracting labor and materials, so as to clarify the details in the contract and prevent unreasonable tax expenditure caused by mistakes in contract formulation.
Therefore, analyzing the contract and adopting the contract planning scheme is also one of the important ways of tax planning of construction enterprises.
For a contract that has been performed and pasted, if the amount contained in the contract is inconsistent with the actual settlement amount of contract performance, the amount contained in the contract is generally regarded as the taxable amount, and the parties will bear an additional amount of stamp tax unprofitably.
At the same time, construction enterprises have the characteristics of large investment, high risk and long turnover time, pay a lot of taxes and have a broad space for tax planning, which requires the financial personnel of construction enterprises to comprehensively consider financing, investment Profit distribution and other issues to truly realize the purpose of tax planning.
(tax planning column) tax planning refers to making reasonable use of the preferential policies and possible choices given by the tax law to make prior arrangements and planning for various economic activities within the scope permitted by law, so as to achieve the purpose of tax saving or delaying tax payment.
Therefore, according to the characteristics of production and operation of construction enterprises and supported by scientific tax planning, enterprises can avoid the problems of excessive tax payment and blind tax payment, save the occupation of funds, delay the outflow of funds and maximize the benefits of enterprises.
The determination of income and the choice of tax rate are the focus of tax planning of construction enterprises.
Therefore, before signing the contract, we should consider the impact of each term of the contract on the tax burden of the company.
After the full implementation of “replacing business tax with value-added tax”, it is found that the actual tax burden of many construction enterprises is higher than that before the implementation of “replacing business tax with value-added tax”.
3.
Therefore, it is very important to agree that “bills arrive with goods and register first”.
It is adjustable, and the current income and current cost are recognized according to the completion progress of the project; 4.
However, if the construction area is remote, local material suppliers may not be able to provide special VAT invoices.
In the process of project construction, the construction enterprise needs to advance the project funds and pay the quality deposit to the relevant departments.
Construction enterprise is a special industry, and its industry characteristics are mainly reflected in the following aspects: 1.
The tax payment characteristics of construction enterprises are mainly reflected in the following aspects: 1.
1.
In China’s construction enterprises, due to the simple and extensive management mode of the enterprise itself, the tax system reform of “replacing business tax with value-added tax” has caused the impact of increasing instead of decreasing the tax burden, which has brought a heavier tax burden to the enterprise.
Wuhan “full face finance and taxation” mainly provides the company with: registered business license, agency bookkeeping, industrial and commercial agency, license handling, intellectual property rights, tax planning consulting and other finance and taxation services.
The operation and management of construction enterprises are very complex, involving project planning and design, equipment and facility leasing, material procurement, installation services, etc.
The project cost is high and the investment amount is large.
The construction period is long and there are many uncertain factors in the construction process; 3.
They mainly obtain income and realize profits by contracting various projects and providing construction and installation services.
Engineering projects are generally separated from the place of registration of enterprise organizations.