Is there corporate income tax to be paid on the capital reserve premium?

Hello! There is no need to pay corporate income tax.

The notice of the State Administration of Taxation on several tax issues concerning the implementation of the enterprise income tax law (Guo Shui Han 2010 No. 79) stipulates that if the invested enterprise converts the capital reserve formed by the equity (ticket) premium into equity capital, it shall not be regarded as the dividend and bonus income of the investor enterprise, and the investor enterprise shall not increase the tax basis of the long-term investment. The capital reserve formed by the company with the equity (ticket) premium is converted into share capital, and the equity (vote) premium obtained by the investment enterprise is not regarded as taxable income of enterprise income tax, nor is it tax-exempt income.

1) Income from the sale of goods;

2) Provision of income from labor services;

3) Income from the transfer of property;

4) Dividends, bonuses and other equity investment income;

5) Interest income;

6) Rental income;

7) royalty income;

8) Receiving income from donations;

9) Other income.

According to Article 22 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China (Order No. 512 of the People's Republic of China), the other income referred to in Article 6 (9) of the Enterprise Income Tax Law refers to the income obtained by the enterprise in addition to the income specified in Article 6 (1) to (8) of the Enterprise Income Tax Law, including the income from the excess of enterprise assets, the income from the deposit of overdue packaging, the payable that cannot be repaid, and the receivables that have been recovered after being treated as bad debt losses. Income from debt restructuring, income from subsidies, income from liquidated damages, foreign exchange income, etc.

The capital premium does not fall within the scope of the above-mentioned income subject to corporate income tax and is not subject to corporate income tax.

There is no need to pay corporate income tax. The capital reserve premium is a part of the original capital invested by the investor, which is not treated as enterprise income and is not subject to income tax.

Capital (equity) premium. The capital premium is a part of the original capital invested by the investor and is not treated as business income and is not subject to income tax. However, the capital (share capital) premium that is not subject to income tax is not expressly exempted by laws and regulations.

Pay at the rate of 5/10,000, according to the paid-in capital + capital reserve has not changed, it cannot be paid again.

It should be analyzed in accordance with the specific problems of the formation of the capital reserve, and some need to be paid, and some are not.

Capital reserve refers to the provident fund formed by an enterprise in the course of operation due to the acceptance of donations, equity premiums, and the revaluation and appreciation of statutory property. Capital reserve can be divided into the following according to the difference in its formation"Capital (or equity) premium"、"Acceptance of donations for non-cash asset provisions"、"Cash donations are accepted"、"Appropriation transfer-in"、"Differences in foreign currency capital translations"。

Legal analysis: The capital premium refers to the part of the capital contribution paid by the investors of a limited liability company that is greater than the proportion of capital contribution calculated according to the contract and agreement, and is one of the components of the capital reserve.

Capital reserve refers to the provident fund formed by the enterprise in the course of operation due to the acceptance of donations, equity premiums, and the revaluation of statutory property. Capital reserve is a credit that is not related to the earnings of a business but is related to capital. Capital reserve refers to the capital invested by investors or others in the enterprise, the ownership of which belongs to the investor, and the amount invested exceeds the authorized capital.

Legal basis: "Accounting System for Business Enterprises".

Article 80 The capital invested by an investor in cash shall be recorded in the accounts of the amount actually received or deposited in the bank where the enterprise has an account. The part of the amount actually received or deposited in the bank where the enterprise has an account exceeds its share in the registered capital of the enterprise shall be included in the capital reserve.

Article 2 Capital reserve includes capital (or share capital) premium, donated assets, transfer of appropriations, and differences in the translation of foreign currency capital.

1. The essence is different. The equity premium refers to the amount of money actually received at the time of the issuance of the premium of the shares in excess of the total par value. The capital premium refers to the amount of capital invested by the investor in excess of its registered capital in the process of raising funds.

2. Belong differently. The equity premium is a type of capital reserve, and the capital reserve refers to the funds invested by investors or others in the enterprise, the ownership of which belongs to the investor, and the amount invested exceeds the authorized capital. Capital reserve consists of:

Capital (or equity) premium, provision for non-cash assets received from donations, provision for equity investment, transfer of appropriations, differences in translation of foreign currency capital, differences in related party transactions, and other capital reserves. The capital premium is the part of the capital contribution paid by the investor of a limited liability company that is greater than the proportion of capital contribution calculated according to the contract or agreement.

1 Capital reserve is invested by investors, but cannot be included in the asset value of paid-in capital, or funds obtained from other ** and enjoyed by investors. 2. Capital premium refers to the amount of capital invested by investors in the process of raising funds in excess of its registered capital.

If our company uses the capital premium to form capital reserve to increase capital, can the shareholders of the company be exempted from corporate income tax?

Answer: According to the notice of the State Administration of Taxation on several tax issues concerning the implementation of the enterprise income tax law (Guo Shui Han 2010 No. 79), 4. On the recognition of income from equity investment income such as dividends and bonuses:

The realization of dividends, bonuses and other income obtained by an enterprise's equity investment shall be determined on the date on which the shareholders' meeting or the general meeting of shareholders of the invested enterprise makes a decision on profit distribution or share transfer.

If the invested enterprise converts the capital reserve formed by the equity (ticket) premium into equity capital, it shall not be regarded as the dividend and bonus income of the investor enterprise, and the investor enterprise shall not increase the tax basis of the long-term investment.

Therefore, if your company converts the capital reserve formed by the equity premium into capital, the shareholders of the company are not cautious to levy individual income tax, and the shareholders cannot increase the tax basis of the long-term investment.

Capital reserve refers to the profits and losses received by the enterprise from investors in excess of its share in the registered capital of the enterprise and directly included in the owner's equity

Borrow: Capital Reserve - Capital Premium.

Credit: Paid-in capital (share capital).

The capital reserve premium is the part of the non-share **** Lianglu invested assets by investors that exceeds the investor's share in the registered capital of the enterprise, which is calculated through the account of "capital reserve - capital premium". When receiving the investment funds from shareholders, the accounting treatment is: borrow: bank deposits and other accounts, credit:

Paid-up capital, capital reserve - capital premium.

Capital (or share capital) premiums, appropriations transferred in, and other capital reserves can be directly used to increase capital (or share capital); After accepting donations, the non-cash asset reserve and equity investment reserve can be used to increase capital (or share capital) after being transferred to other capital reserves! Specifically, capital reserve includes capital (or equity) premium, quasi-sideline provision for non-cash assets receiving donations, equity investment provisions, appropriation transfer-in, related party transaction differences, foreign currency capital translation differences, and other capital reserves. Among them, the capital (or share capital) premium, the transfer of appropriations, the difference in the translation of foreign currency capital and other capital reserves can be directly used to increase capital, while others cannot be converted into capital.

When the slag is converted into 2 according to the proportion of shareholders' shareholdings, and when the surplus reserve is converted into capital, the surplus reserve can be converted into capital by the resolution of the general meeting of shareholders, and the proportion of shareholding can be transferred, and the reserve retained after the conversion shall not be less than 25% of the registered capital.

Article 71 of the Company Law The shareholders of a limited liability company may transfer all or part of their equity to each other. The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders. Shareholders shall notify other shareholders in writing to seek consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer.

If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer. For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal. If two or more shareholders claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective fiber production and quiet capital at the time of transfer.

If the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.