What is the food and beverage tax rate during the epidemic?

What is the food and beverage tax rate during the epidemic?

The Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China issued the Announcement on Tax Policies for Supporting the Prevention and Control of People Infected with novel coronavirus (Announcement No.8 of the Ministry of Finance and State Taxation Administration of The People's Republic of China in 2020).

The specific scope of the life service industry specified in Article 5 of Announcement No.8 shall be implemented in accordance with the Notes on Sales Services, Intangible Assets and Real Estate (Caishui [2016] No.36).

Life service refers to all kinds of service activities provided to meet the daily needs of urban and rural residents, including cultural and sports services, education and medical services, tourism and entertainment services, catering and accommodation services, daily services of residents and other life services. Catering services belong to the scope of life services, and the income obtained according to regulations can be exempted from value-added tax.

Fiscal and tax treatment of food deterioration in catering enterprises during the epidemic period

Case Summary: Auspicious Catering Service Co., Ltd. (hereinafter referred to as "Auspicious Company") is a large catering enterprise and a general taxpayer of value-added tax. In the Spring Festival of 2020, almost all holiday orders were cancelled due to the novel coronavirus epidemic, and a large number of pre-holiday purchased ingredients were moldy and deteriorated. How to deal with moldy and deteriorated ingredients in finance and taxation?

Case study: The loss of expired, moldy and deteriorated ingredients caused by the epidemic is force majeure. The tax treatment is as follows.

I. Accounting Treatment

1. Carry out accounting treatment before scrapping approval.

Debit: profit and loss of pending property.

Loan: raw materials

2. Report to relevant personnel for examination and approval, and then transfer to the corresponding subject according to the examination and approval.

Borrow: non-operating expenses

Loan: profit and loss of pending property

Second, tax treatment.

Generally speaking, considering the tax-related matters of an economic business, the seller should consider value-added tax, enterprise income tax or personal income tax and stamp duty, and in special circumstances, he should also consider consumption tax, land tax increase and invoice issuance; Property buyers need to consider VAT deduction, income tax pre-tax deduction, stamp duty and deed tax under special circumstances.

The input and output of value-added tax, pre-tax deduction of enterprise income tax and stamp duty should be considered in the case of expired, moldy and deteriorated ingredients in catering enterprises due to epidemic situation.

1. VAT tax treatment

Due to the epidemic situation, the loss of expired ingredients (including expired ingredients at ordinary times) in catering enterprises belongs to force majeure, and its VAT input tax can be deducted without transferring out the input tax.

Policy basis: Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Comprehensively Promoting the Pilot of Changing Business Tax to Value-added Tax (Cai Shui [2016] No.36).

Abnormal loss refers to the theft, loss, mildew and deterioration of goods due to poor management, and the confiscation, destruction and demolition of goods or real estate due to illegal activities.

It is not difficult to see that the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Value-added Tax stipulates that "goods are stolen, lost and moldy due to poor management", while "goods or real estate are confiscated, destroyed or dismantled according to law due to violation of laws and regulations" is a new regulation in the Pilot Implementation Measures for Changing Business Tax to Value-added Tax.

So far, the abnormal loss has been defined in the pilot implementation method of changing business tax to value-added tax.

The consequence of abnormal losses of taxpayers is that the investment in goods or real estate cannot be deducted and needs to be transferred out.

Therefore, the loss of expired, moldy and deteriorated ingredients caused by the epidemic in Jixiang Company belongs to force majeure, not abnormal loss, and its VAT input tax can be deducted without transferring out the input tax.

2. Tax treatment of enterprise income tax

The loss of expired, moldy and deteriorated food materials caused by the epidemic situation belongs to the normal loss in the production process of enterprises and can be deducted before enterprise income tax.

In case of asset loss, the enterprise only needs to fill in the annual tax return of enterprise income tax, the pre-tax deduction of asset loss and the tax adjustment list, without submitting the relevant information of asset loss, which will be kept by the enterprise for future reference.

An enterprise shall keep complete information on asset losses and be responsible for the authenticity and legality of the information.

List of materials retained for future reference due to scrap, damage or deterioration of inventory:

(1) Basis for determining taxable cost of inventory;

(2) Description and write-off information of scrapped, damaged, deteriorated and salvage value of the internal inventory of the enterprise;

(3) If the compensation of the responsible person is involved, there shall be a description of the compensation;

(4) If the loss amount is relatively large (it refers to accounting for more than 65,438+00% of the taxable cost of such assets of the enterprise, or reducing the taxable income of the current year by more than 65,438+00%, the same below), it is recommended to issue a special report by an intermediary agency with professional technical appraisal opinions or legal qualifications.

stamp tax

The moldy and deteriorated ingredients scrapped due to the epidemic situation do not belong to the scope of tax vouchers of the Provisional Regulations on Stamp Duty in People's Republic of China (PRC) and its supporting documents, and stamp duty is not required.

The answer to the catering tax rate during the epidemic comes here first. After enjoying the preferential tax policy, how to declare and fill in the declaration form, and what are the requirements when entering the account? If the financial department thinks that the current ability is not enough to handle them well, you can consult the accounting teacher directly through the website now.