Can the liquidation proceeds of an enterprise make up for the losses of previous liquidations?

OK. According to the Enterprise Income Tax Law of the People's Republic of China:

Article 18. Losses incurred in the tax year of an enterprise are allowed to be carried forward to subsequent years and made up with the income of the following years, but the maximum period of carry-forward shall not exceed five years.

According to the Notice on Several Issues Concerning the Treatment of Enterprise Income Tax in Enterprise Liquidation Business:

1) The gain or loss from the transfer of assets shall be recognized on the basis of realizable value or transaction** for all assets;

2) Confirm the gains or losses from the liquidation of creditor's rights and the repayment of debts;

3) Changing the accounting principles for going concern operations and dealing with expenses of a withholding or amortized nature;

4) Make up for losses in accordance with law and determine the proceeds from liquidation;

5) Calculate and pay liquidation income tax;

6) Determine the remaining property that can be distributed to shareholders, dividends, etc.

Q: Can the liquidation of taxable income deduct the losses of previous years (not made up within 5 years)? A:

The notice of the Ministry of Finance and the State Administration of Taxation on several issues concerning the treatment of enterprise income tax in enterprise liquidation business (Cai Shui [2009] No. 60) stipulates that: 1. The income tax treatment of enterprise liquidation refers to the treatment of liquidation income, liquidation income tax, dividend distribution and other matters when the enterprise ceases to continue to operate, and when it has economic activities such as the termination of its own business, the disposal of assets, the repayment of debts and the distribution of surplus property to the owners.

3. The income tax treatment of enterprise liquidation includes the following: (1) the income or loss from the transfer of assets shall be recognized according to the realizable value or transaction** of all assets; 2) Confirm the gains or losses from the liquidation of creditor's rights and the repayment of debts; 3) Changing the accounting principles for going concern operations and dealing with expenses of a withholding or amortized nature; 4) Make up for losses in accordance with law and determine the proceeds from liquidation; 5) Calculate and pay liquidation income tax; 6) Determine the remaining property that can be distributed to shareholders, dividends, etc.

4. The realizable value of all assets of the enterprise or the balance after deducting the tax basis of the assets, liquidation expenses, relevant taxes and fees, plus the profit and loss of debt settlement, is the liquidation income.

The company should calculate the liquidation income as a separate tax year for the entire liquidation period.

5. The realizable value of all assets of the enterprise or the transaction ** minus the liquidation expenses, the wages of employees, social insurance premiums and statutory compensation, the settlement of liquidation income tax, tax arrears and other taxes of previous years, the settlement of enterprise debts, and the calculation of the remaining assets that can be distributed to the owners in accordance with the regulations.

The amount of the remaining assets distributed by the shareholders of the liquidated enterprise, which is equivalent to the part of the accumulated undistributed profits and accumulated surplus reserves of the liquidated enterprise calculated according to the proportion of the shares held by the shareholders, shall be recognized as dividend income; The balance of the remaining assets after deducting dividends, the part that exceeds or is lower than the investment cost of the shareholders shall be recognized as the investment transfer income or loss of the shareholders.

The assets of the shareholders of the liquidated enterprise from the liquidated enterprise shall be taxed on the basis of realizable value or actual transactions**.

Therefore, if the loss of the previous year is a recoverable loss as defined by the tax law (the total income of the enterprise in each tax year is less than zero after deducting the non-taxable income, tax-exempt income and various deductions in accordance with the provisions of the Enterprise Income Tax Law and these Regulations) and the loss can be made up within the five-year period.

Answer, support me.

Losses from previous years can be covered at the time of liquidation.

According to Article 18 of the Enterprise Income Tax Law of the People's Republic of China, the losses incurred by an enterprise in a tax year are allowed to be carried forward to subsequent years and made up with the income of subsequent years, but the maximum carry-forward period shall not exceed five years. According to Article 3 of the Notice of the Ministry of Finance and the State Administration of Taxation on Several Issues Concerning the Treatment of Enterprise Income Tax in Enterprise Liquidation Business (CS 2009 No. 60), the income tax treatment of enterprise liquidation includes making up for losses and determining liquidation income in accordance with the law. Therefore, when an enterprise is liquidated, it can make up for the losses of previous years in accordance with the law.

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Article 18 of the Enterprise Income Tax Law of the People's Republic of China stipulates that the losses incurred by an enterprise in the tax year shall be carried forward to the following years and made up with the income of the following years, but the maximum carry-forward period shall not exceed five years. According to Article 3 of the Notice of the Ministry of Finance and the State Administration of Taxation on Several Issues Concerning the Income Tax Treatment of Enterprises Accompanying Enterprises in Liquidation Business (CS 2009 No. 60), the income tax treatment of enterprise liquidation includes making up for losses in accordance with the law and determining the liquidation income.

Therefore, when an enterprise is liquidated, it can make up for the losses of previous years in accordance with the law.

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The proceeds from liquidation at the time of liquidation can be covered by losses from previous years. First, the liquidation loss is obtained by subtracting the liquidation expenses and taxable income from the income generated by the liquidation, and the negative part of the taxable income is obtained. The liquidation loss and the uncovered loss from previous years are then added to arrive at the total loss that can be used to cover the taxable income for the current year.

When the enterprise is liquidated, the liquidation generates income, and how to make up for the losses in previous years.

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We are glad to answer the question of [Flower Bend] When the enterprise is liquidated, the proceeds from the liquidation can be made up for by the losses of previous years. First, the liquidation loss is obtained by subtracting the liquidation expenses and taxable income from the income generated by the liquidation, and the negative part of the taxable income is obtained. The liquidation loss is then added to the uncovered loss from previous years to arrive at the total loss that can be used to cover the taxable income for the current year.

Legal basis: Article 23 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China: When an enterprise is liquidated, its liquidation income is calculated on the basis of liquidation expenses and taxable income, and if the liquidation income is taxable after deducting the liquidation expenses, the taxable income shall be calculated in accordance with the provisions of Article 8 of this Law, but if the taxable income is negative, it is a liquidation loss.

When an enterprise is liquidated, the liquidation loss can be offset against the uncovered loss of the previous year. Therefore, in the liquidation of an enterprise, in accordance with the provisions of Article 23 of the Regulations for the Implementation of the Enterprise Income Tax Law of the People's Republic of China, the income generated by the liquidation can be subtracted from the liquidation expenses and the amount of taxable income to obtain the negative part of the taxable income of Bu Qinglao, which is the liquidation loss. The liquidation loss and the uncovered loss from previous years are then added to arrive at the total loss that can be used to cover the taxable income for the current year.

Enterprise income tax generally needs to be settled at the end of the year. The losses incurred by the enterprise in the tax year are allowed to be carried forward to the following years and made up with the income of the following years, but the maximum period of carry-forward shall not exceed 5 years. However, in recent years, the state has introduced many preferential policies before the erection

Starting from January 1, 2018, enterprises that have the qualifications of high-tech enterprises or technology-based small and medium-sized enterprises (hereinafter referred to as "qualifications") in the current year are allowed to carry forward the losses that have not been made up in the previous years or in 5 years to make up for the losses incurred in the following years, and the maximum carry-forward period has been extended from 5 years to 10 years.

The maximum carry-forward period for losses incurred in 2020 by enterprises in difficult industries that are more affected by the epidemic than Yu Qing has been extended from 5 years to 8 years. The policy will be implemented from January 1, 2020 until March 31, 2021.

In order to support the development of film and other industries, the relevant tax policies are hereby announced as follows: For the losses incurred by film industry enterprises in 2020, the maximum carry-forward period has been extended from 5 years to 8 years. If the preferential tax policy has expired, the implementation period will be extended to December 31, 2021.

Generally, when an enterprise terminates its operation, it will be liquidated, and if it owes tax at the time of liquidation, it is necessary to pay tax on the liquidation income

Cai Shui Wangqiao No. 60 "Notice of the Ministry of Finance and the State Administration of Taxation on Several Issues Concerning the Treatment of Enterprise Income Tax in the Rough Settlement of Enterprises" 3. The income tax treatment of enterprise liquidation includes the following:

1) All assets of Fengling Town shall be recognized as gains or losses from the transfer of assets according to their realizable value or transactions**;

2) Confirm the gains or losses from the liquidation of creditor's rights and the repayment of debts;

3) Changing the accounting principles for going concern operations and dealing with expenses of a withholding or amortized nature;

4) Make up for losses in accordance with law and determine the proceeds from liquidation;

5) Calculate and pay liquidation income tax;

6) Determine the remaining property that can be distributed to shareholders, dividends, etc.

Therefore, the income from the liquidation of the enterprise can be used to make up for the losses formed during the production and operation period, which are within the period of making up for losses.

Can the final settlement of enterprise income tax not make up for the loss is a common problem in financial work, and the final settlement of income tax is actually a process of income tax settlement in the previous year. This article will make a relevant introduction to whether the final settlement of enterprise income tax can not make up for the loss, let's find out together!

Can the final settlement of enterprise income tax not make up for the loss?

Answer: The final settlement of enterprise income tax can not make up for the loss. It is the right of the enterprise to make amends, and it is also the right of the enterprise to give up and make up. In the case of no underpayment, the tax office is recognized. However, if you pay less tax, the tax bureau will not recognize it.

According to the relevant provisions of the Enterprise Income Tax Law of the People's Republic of China, the period for enterprises to make up losses shall not exceed five years.

Is it possible to make up for the loss immediately after the final settlement and declaration?

Answer: Due to the relevant provisions of the Enterprise Income Tax Law, the total income of an enterprise in each tax year can be obtained by deducting the balance of non-taxable income, tax-exempt income, various deductions and allowable losses of previous years. In other words, the loss is made before the final settlement.

How to declare the income tax final settlement successfully?

Answer: To check whether the income tax final settlement is successful, you can enter the tax declaration interface to check whether the status of the income tax final settlement declaration is "declared successfully". The details are as follows:

1.After filling out the form, wait for the tax ** review. At this time, you can enter the tax declaration system again, and you can see the status of the declaration that is displayed as "Pending Review".

2.If the status queried by entering the tax declaration interface shows "declaration successful", it means that the review has been passed; If the final settlement declaration is unsuccessful, the tax bureau will return the declaration and inform you of the reason for the refund, and then you need to make changes and re-file.

Enterprise income tax final settlement process.

What is the final settlement of corporate income tax?

The final settlement is for income tax. Income tax is calculated and prepaid on a quarterly basis, and no tax adjustment is made at ordinary times, and the profit of the current year will be adjusted for tax at the end of the year. According to the final settlement, the income tax shall be refunded and the income tax shall be compensated.

The final settlement of enterprise income tax refers to the calculation of the annual taxable income and the amount of income tax payable by the taxpayer in accordance with the tax laws, regulations, regulations and other relevant provisions of enterprise income tax within the prescribed period after the end of the tax year, and determine the amount of compensation or tax refund payable in the year according to the amount of income tax prepaid in advance on a monthly or quarterly basis, and fill in the annual enterprise income tax return, handle the annual enterprise income tax declaration to the competent tax authorities, and provide the relevant information required by the tax authorities. The act of settling the annual corporate income tax.

Enterprise Income Tax Law of the People's Republic of China

Article 18. If an enterprise incurs a loss in a tax year, it is allowed to carry forward to the following years and make up for it with the income of the following year, but the maximum carry-forward period shall not exceed five years.

Enterprise Income Tax Law of the People's Republic of China

Article 5. The total income of an enterprise in each tax year is the balance after deducting non-taxable income, tax-exempt income, various deductions and allowable losses of previous years, which is the income payable under tax.