Brief Introduction on Non-deductable Expenses before Tax in China
- Bad debt reserves
According to Chinese Corporate Income Tax Law, the unverified reserves are not allowed to be deducted before calculation of CIT, which refer to all kinds of asset impairment/risk reserves that do not conform to the regulations of Minnistry of Finance of The State Council and competent tax authorities.
Therefore, the bad debt reserves are not allowed to be deducted before calculation of CIT, which needs to be adjusted in Annual CIT Declaration.
- Expenses without invoices before Annual CIT Declaration
According to Chinese Corporate Income Tax Law, if enterprises failed to obtain valid vouchers due to various reasons, the costs and expenses of current year are allowed to be dudected in quarterly pre-payment of CIT; However, the supplementary vouchers shall be provided in Annual CIT Declaration.
Therefore, the costs and expenses without valid vouchers are not allowed to be dudected before the calculation of CIT, and needs to be adjusted in Annual CIT Declaration.
- Depreciation costs of fixed assets without invoices
According to Chinese Corporate Income Tax Law, the depreciation costs of fixed assets without invoices are not allowed to be deducted before the calculation of CIT. However, if enterprises have not obtained full invoices for projects under construction due to the unsettled payment, the depreciation costs can be accrued based on the contract amount. If enterprises fail to obtain the invoices before Annual CIT Declaration, the depreciation costs still can be deducted before the calculation of CIT, and enterprises shall adjust the value of the assets after obtaining the invoices and putting the fixed assets into use within 12 months.
- Salaries not actually paid before Annual CIT Declaration
According to Chinese Corporate Income Tax Law, the accrued salaries that actually paid by the enterprises before Annual CIT Declaration are allowed to be deducted before calculation of CIT.
Therefore, Salaries not actually paid before Annual CIT Declaration shall not to be deducted before calculation of CIT.
- Welfare expenses, supplementary pension insurance, supplementary medical insurance, labour union expenses, employee education expenses that have been accrued but not actually paid by enterprises
According to Chinese Corporate Income Tax Law, the welfare expenses, supplementary pension insurance, supplementary medical insurance, labour union expenses, employee education expenses are allowed to be deducted on condition that they have been actually paid.
Therefore, the aforementioned expenses are not allowed to be deducted if they have been accrued but not actually paid.
- The depreciation costs of antiques and ancient calligraphy & painting purchased by enterprises
There is no exact devision criteria to tell the difference between decorative paintings and works of art in office decroration, which is mainly defined based on the size of the enterprise and the price of the goods. According to Chinese Corporate Income Tax Law, cultural relics and works of art purchased by enterprises for collection, display, preservation and appreciation shall be treated as investmet assets, whose depreciation or amortization costs during the possession period are not allowed to be deducted before calculation of CIT.
Therefore, the depreciation costs of antiques and ancient calligraphy & painting that purchased by enterprises are not allowed to be dudcuted during the possession period, whose investment costs can only be deducted at disposal.
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