税收筹划外文文献原文、翻译

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Tax Planning
Tax planning involves conceiving of and implementing various strategies in order to minimize the amount of taxes paid for given period. For a small business, minimizing the tax liability can provide money for expenses, investment, or growth. In this way, tax planning can be a source of working capital. According to The Entrepreneur Magazine Small Business Advisor, two basic rules apply to tax planning. First, a small business should never incur additional expense only to gain a tax deduction. While purchasing necessary equipment prior to the end of tax year can be a valuable tax planning strategy, marking unnecessary purchases is not recommended. Second a small business should always attempt to defer taxes when possible. Deferring taxes enables the business to use that money interest-free, and sometimes even earn interest on it, until the next time taxes are due.
Experts recommend that entrepreneurs and small business owners conduct formal tax planning sessions in the middle of each tax year. This approach will give them time to apply their strategies to the current year as well as allow them to get a jump on the following year. It is important for small business owners to maintain a personal awareness of tax planning issues in order to save money. Even if employ a professional bookkeeper or accountant, small business owners should keep careful tabs on theirs own tax preparation in order to take advantage of all possible opportunities for deduction and tax savings.＂Whether or not you enlist the aid of an outsider, you should understand the basic provisions of the tax code.＂Just as you would not turn over the management of your money to another person, you should not blindly allow someone else to take complete charge of your tax paying responsibilities." In addition, as Frederick W. Dailey wrote in his book Tax Savvy for Small Business, "Tax knowledge has powerful profit potential. Knowing what the tax law has to offer can give you a far better bottom line than your competitors who don't bother to learn.
General Areas of Tax Planning
There are several general areas of tax planning that apply to all sorts of small businesses. These areas include the choice of accounting and inventory-valuation methods, the timing of equipment purchases, the spreading of business income among family members, and the selection of tax-favored benefit plans and investments. There are also some areas of tax planning that are specific to certain business
forms—i.e., sole proprietorships, partnerships, C corporations, and S corporations. Some of the general tax planning strategies are described below:
ACCOUNTING METHODS.Accounting methods refer to the basic rules and guidelines under which businesses keep their financial records and prepare their financial reports. There are two main accounting methods used for record-keeping: the cash basis and the accrual basis. Small business owners must decide which method to use depending on the legal form of the business, its sales volume, whether it extends credit to customers, and the tax requirements set forth by the Internal Revenue Service (IRS). The choice of accounting method is an issue in tax planning, as it can affect the amount of taxes owed by a small business in a given year.
Accounting records prepared using the cash basis recognize income and expenses according to real-time cash flow. Income is recorded upon receipt of funds, rather than based upon when it is actually earned, and expenses are recorded as they are paid, rather than as they are actually incurred. Under this accounting method, therefore, it is possible to defer taxable income by delaying billing so that payment is not received in the current year. Likewise, it is possible to accelerate expenses by paying them as soon as the bills are received, in advance of the due date. The cash method is simpler than the accrual method, it provides a more accurate picture of cash flow, and income is not subject to taxation until the money is actually received.
In contrast, the accrual basis makes a greater effort to recognize income and expenses in the period to which they apply, regardless of whether or not money has changed hands. Under this system, revenue is recorded when it is earned, rather than when payment is received, and expenses recorded when they are incurred, rather than when payment is made. The main advantage of the accrual method is that it provides a more accurate picture of how a business is performing over the long-term than the cash method. The main disadvantages are that it is more complex than the cash basis, and that income taxes may be owed on revenue before payment is actually received. However, the accrual basis may yield favorable tax results for companies that have few receivables and large current liabilities.
Under generally accepted accounting principles (GAAP), the accrual basis of accounting is required for all businesses that handle inventory, from small retailers to large manufacturers. It is also required for corporations and partnerships that have gross sales over $5 million per year, though there are exceptions for farming
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businesses and qualified personal service corporations—such as doctors, lawyers, accountants, and consultants. Other businesses generally can decide which accounting method to use based on the relative tax savings it provides.
INVENTORY VALUATION METHODS. The method a small business chooses for inventory valuation can also lead to substantial tax savings. Inventory valuation is important because businesses are required to reduce the amount they deduct for inventory purchases over the course of a year by the amount remaining in inventory at the end of the year. For example, a business that purchased $10,000 in inventory during the year but had $6,000 remaining in inventory at the end of the year could only count $4,000 as an expense for inventory purchases, even though the actual cash outlay was much larger. Valuing the remaining inventory differently could increase the amount deducted from income and thus reduce the amount of tax owed by the business.
The tax law provides two possible methods for inventory valuation: the first-in, first-out method (FIFO); and the last-in, first-out method (LIFO). As the names suggest, these inventory methods differ in the assumption they make about the way items are sold from inventory. FIFO assumes that the items purchased the earliest are the first to be removed from inventory, while LIFO assumes that the items purchased most recently are the first to be removed from inventory. In this way, FIFO values the remaining inventory at the most current cost, while LIFO values the remaining inventory at the earliest cost paid that year.
LIFO is generally the preferred inventory valuation method during times of rising costs. It places a lower value on the remaining inventory and a higher value on the cost of goods sold, thus reducing income and taxes. On the other hand, FIFO is generally preferred during periods of deflation or in industries where inventory can tend to lose its value rapidly, such as high technology. Companies are allowed to file Form 970 and switch from FIFO to LIFO at any time to take advantage of tax savings. However, they must then either wait ten years or get permission from the IRS to switch back to FIFO.
EQUIPMENT PURCHASES. Under Section 179 of the Internal Revenue Code, businesses are allowed to deduct a total of $18,000 in equipment purchases during the year in which the purchases are made. Any purchases above this amount must be depreciated over several future tax periods. It is often advantageous for small
businesses to use this tax incentive to increase their deductions for business expenses, thus reducing their taxable income and their tax liability. Necessary equipment purchases up to the limit can be timed at year end and still be fully deductible for the year. This tax incentive also applies to personal property put into service for business use, with the exception of automobiles and real estate.
WAGES PAID TO FAMILY MEMBERS. Self-employed persons can also reduce their tax burden by paying wages to a spouse or to dependent children. Wages paid to children under the age of 18 are not subject to FICA (Social Security and Medicare) taxes. Under normal circumstances, employers are required to withhold 7.65 percent of the first $62,700 of an employee's income for FICA taxes. Employers are also required to match the 7.65 percent contributed by every employee, so that the total FICA contribution is 15.3 percent. Self-employed persons are required to pay both the employer and employee portions of the FICA tax.
But the FICA taxes are waived when the employee is a dependent child of the small business owner, saving the child and the parent 7.65 percent each. In addition, the child's wages are still considered a tax deductible business expense for the parent—thus reducing the parent's taxable income. Although the child must pay normal income taxes on the wages he or she receives, it is likely to be at a lower tax rate than the parent pays. Some business owners are able to further reduce their tax burden by paying wages to their spouse. If these wages bring the business owner's net income below $62,700—the threshold for FICA taxes—then they may reduce the self-employment tax owed by business owner. It is important to note, however, that the child or spouse must actually work for the business and that the wages must be reasonable for the work performed.
BENEFITS PLANS AND INVESTMENTS. Tax planning also applies to various types of employee benefits that can provide a business with tax deductions, such as contributions to life insurance, health insurance, or retirement plans. As an added bonus, many such benefit programs are not considered taxable income for employees. Finally, tax planning applies to various types of investments that can shift tax liability to future periods, such as treasury bills, bank certificates, savings bonds, and deferred annuities. Companies can avoid paying taxes during the current period for income that is reinvested in such tax-deferred instruments.
Tax Planning for Different Business Forms
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"The first step in tax planning—for small business owners and professionals, at least—is to select the right form of organization for your enterprise," according to Albert B. Ellentuck in the Laventhol and Horwath Small Business TaxPlanning Guide. "You'll end up paying radically different amounts of income tax depending on the form you select. And your odds of being audited by the IRS will change, too." Many aspects of tax planning are specific to certain business forms; some of these are discussed below:
SOLE PROPRIETORSHIPS AND PARTNERSHIPS. Tax planning for sole proprietorships and partnerships is in many ways similar to tax planning for individuals. This is because the owners of businesses organized as sole proprietors and partnerships pay personal income tax rather than business income tax. These small business owners file an informational return for their business with the IRS, and then report any income taken from the business for personal use on their own personal tax return. No special taxes are imposed except for the self-employment tax (SECA), which requires all self-employed persons to pay both the employer and employee portions of the FICA tax, for a total of 15.3 percent.
Since they do not receive an ordinary salary, the owners of sole proprietorships and partnerships are not required to withhold income taxes for themselves. Instead, they are required to estimate their total tax liability and remit it to the IRS in quarterly installments, using Form 1040 ES. It is important that the amount of tax paid in quarterly installments equal either the total amount owed during the previous year or 90 percent of their total current tax liability. Otherwise, the IRS may charge interest and impose a stiff penalty for underpayment of estimated taxes.
Since the IRS calculates the amount owed quarterly, a large lump-sum payment in the fourth quarter will not enable a taxpayer to escape penalties. On the other hand, a significant increase in withholding in the fourth quarter may help, because tax that is withheld by an employer is considered to be paid evenly throughout the year no matter when it was withheld. This leads to a possible tax planning strategy for a self-employed person who falls behind in his or her estimated tax payments. By having an employed spouse increase his or her withholding, the self-employed person can make up for the deficiency and avoid a penalty. The IRS has also been known to waive underpayment penalties for people in special circumstances. For example, they
might waive the penalty for newly self-employed taxpayers who underpay their income taxes because they are making estimated tax payments for the first time.
Another possible tax planning strategy applies to partnerships that anticipate a loss. At the end of each tax year, partnerships file the informational Form 1065 (Partnership Statement of Income) with the IRS, and then report the amount of income that accrued to each partner on Schedule K1. This income can be divided in any number of ways, depending on the nature of the partnership agreement. In this way, it is possible to pass all of a partnership's early losses to one partner in order to maximize his or her tax advantages.
What’s more, enterprises to carry out the correct tax, the need for the adoption of the following major route of transmission.
First, reasonable means of financing options. In accordance with the provisions of China's current tax law, corporate interest payments on the loan within a certain range can be pre-tax expenses, and dividends can only be spending the after-tax profits of enterprise expenses. From a tax point of view, appropriate to the bank business loans and financing between enterprises, rather than directly to the fund-raising benefits.
Second, a reasonable choice of trading partners. China's existing value-added tax system has a general taxpayers and small-scale taxpayers on the points, choose a different supplier object, the tax burden on enterprises is not the same. For example, when the Department of suppliers of value-added tax general taxpayer, the business after the purchase of goods, according to the amount of tax deduction of input tax amount of the corresponding balance after payment of value-added tax; if the purchase of goods for small-scale taxpayers, VAT can not be achieved Its not contain the amount of input tax deduction, the tax burden more than the former. Such as open invoices can also be part of deduction.
Third, "the easy way out" tax conversion. Enterprises will be converted to high-tax low-tax, refers to economic activities in the same, there are a variety of revenue options to choose from, the taxpayers to avoid "high-tax point", choose the "low tax" and reduce the tax liability . The most typical example of this is to run non-taxable to the tax planning services. From the tax point of view, run mainly two: First, the same taxes, different tax rates. Systems such as supply and marketing enterprises, the general operating tax rate is 17% of the means of subsistence, but also the operating
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value-added tax rate of 13% of the agricultural means of production and so on. Second, different taxes, different tax rates. This usually refers to types of enterprises in their business activities, both value-added business project, the project also involves the business tax.
Fourth, the cost of reasonable expenses. Enterprises does not violate tax laws and financial system under the premise of the full cost of the reasonable expenses, that may occur on the full estimated losses and narrow the tax base and reduce the amount of taxable income. Countries allow for costs incurred in the projects, such as wages, respectively, the total amount of tax by 2%, 14%, 1.5% extracts of trade union funds, staff welfare, staff education funding should be sufficient to mention as much as possible to the whole. For some of the losses that may occur, such as bad debt losses, businesses should be fully expected in the tax law as far as possible the extent permitted by the cap enough to reserve. This is in line with the national tax law and financial system, can receive the tax effect.
Fifth, to reduce tax liability. Factors that affect the tax liability there are two, namely, tax base and tax rates, the smaller the tax base, lower tax rates, tax liability is also smaller. Tax planning can start from these two factors to find legitimate ways to reduce tax liability. For example, an enterprise December 30, 2005 estimated taxable income amounted to 100,200 yuan, the enterprise income tax liability 25050 yuan (100200 ×25%). If the corporate tax planning, tax consulting fees to pay 200 yuan, the corporate taxable income 100,000 (100200-200), income tax liability 27,000 yuan (100000 × 27%), can be found by comparing, for tax planning to pay only 200 yuan, 6066 yuan tax is (33066-27000).
Sixth, to weigh the severity of the overall tax burden. For example, many value-added tax planning programs have the general taxpayer and the taxpayer to choose small-scale planning. If an enterprise is a non-tax-year sales of about 900,000 yuan of production enterprises and enterprises to buy the materials each year the price of non-value-added tax of 70 million or less. The company's accounting system, the conditions identified as the general taxpayers. If that is the general taxpayer, the company's products are value-added tax rate applies to 17% capital gains tax liability 34,000 yuan (90 × 17% -70 × 17%); If it is small-scale taxpayers, the rate is 6%, 5.4 VAT liability million (90 ×6%)> 3.4 million. Therefore, from the perspective of value-added tax general taxpayer should be selected. But, in fact, although small-scale
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公认的会计准则认为，所有库存商品的处理都应该使用权责发生制。

除了农业企业和类似医生、律师这样的人才服务，销售量500万美元以上的企业也要求使用权责发生制。

其它情况企业可以决定使用哪些会计记录方法以实现合理减税的目的。

存货计价方法。

选择存货计价方法对纳税筹划也很重要。

例如一项业务购买了10000美元存货，年底有6000美元的库存，到年底可以只算4000美元为存货开支，即使实际支付10000美元比4000美元多。

重视库存的扣除额能够降低所欠的税额。

税法提供两种存货计价方法：先进先出法和后进先出法。

顾名思议，先进先出法是最早购买的一批货被第一批移出仓库，而后进先出法是最晚购买的一批货被第一批移出仓库。

先进先出法的存货成本是最近购买的存货的成本，后进先出法的存货成本是最先购买的存货的成本。

物价上涨的时候采用后进先出法是比较好的存货计价方法。

它分配给库存商品较低的价值，分配给已发出存货较高的价值。

这样可以减少利润以降低税收。

通货紧缩的情况下采用先进先出法比较有利于避税。

企业可以选择存货计价方法以实现合理避税的目的。

设备采购。

税法第179条规定，企业可以扣除18000症状元在当年购买的设备的价款。

这些钱需要在以后的年度进行摊销。

这个规定有利于中小企业利用税收扣除来减少他们的税务负担和应纳所得税额。

家庭成员的工资。

雇佣自己的家庭成员当员工也可以通过支付给他们工资的方式减少纳税额。

18岁以下儿童不受社会保障制度和医疗保障，可以免去部分税收。

福利计划和投资。

税收筹划也适用于各种类型的员工福利,可以提供了一定的商业减税,如贡献与人寿保险、医疗保险、或退休计划。

作为额外的奖励,许多这样的福利不考虑员工应纳税所得额。

最后,税收筹划适用于各种类型的投资,税务责任可以转移未来期间,如国库券、银行证书,储蓄债券,以及递延养老金。

公司可以避免纳税把纳税义务推迟到以后的纳税期间。

不同商务形式的纳税筹划。

“第一个纳税筹划的步骤是选择合适的公司组织形式，”艾伯特认为，“选择不同的组织形式会交纳不同的所得税。

”税收筹划的许多方面针对某些行业形式、讨论其中的一些如下:
独资和合伙企业。

独资和合伙企业的税收筹划在很多方面都类似于个人的税收筹划。

这是因为业主企业投资人和组织的合作伙伴关系,他们缴纳的是个人所
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得税而不是企业所得税。

没有特别的税收是除了对自谋职业税收,也就是要求所有的自雇人员支付雇主和雇员都FICA的部分税收,总共15.3%。

因为中小企业主收到的工资不是普通的工资水平，业主的独资和合伙企业不需要保留所得税。

他们被要求估计自己的应纳税额并用季度分期付款的方式汇给税务局。

否则,国内税务局可能会收取较高利息的,并处惩罚失业估计税。

美国国税局计算欠税方法，第四季度的一个大额一次性付税不能使纳税人逃脱惩罚。

另一个可行的税务筹划策略是建立组织伙伴关系，估计预期损失。

这样，就可以通过所有的合作早期的损失的确定最大限度的提高自己的合作伙伴的税收。

另外，企业要正确地进行节税，需要通过以下的主要途径。

一、选择合理的筹资方式。

根据我国现行税法规定，企业的借款利息支出在一定范围内可以税前列支，而股息支出则只能在企业的税后利润中列支。

从节税的角度看，企业适度向银行借款和企业间的相互融资，要比企业直接向社会筹资优惠。

二、选择合理的交易对象。

我国现行增值税制度规定有一般纳税人和小规模纳税人之分，选择不同的供货对象，企业所负担的税负则不相同。

例如，当供货方系增值税一般纳税人时，企业购进货物后，可按销项税额抵扣相应的进项税额后的余额缴纳增值税；如果购买小规模纳税人的货物，不能取得增值税专用发票的，其含有进项税额不能抵扣，税负比前者要多。

如开专用发票也可抵扣一部分。

三、“避重就轻”转换纳税义务。

企业将高纳税义务转换为低纳税义务，是指在同一经济行为中，有多种税收方案可供选择时，纳税人避开“高税点”，选择“低税点”，可减轻纳税义务。

最典型的例子就是对兼营非应税劳务进行的节税筹划。

从税收角度来看，兼营主要包括两种：一是税种相同，税率不同。

例如供销系统企业，一般既经营增值税率为17%的生活资料，又经营增值税率为13%的农用生产资料等。

二是不同税种，不同税率。

该种类型通常是指企业在其经营活动中，既经营增值税项目，又涉及营业税项目。

四、合理列支各项费用。

企业可以在不违反税法和财务制度的前提下，通过对各项费用充分合理的列支，对各项可能发生的损失进行充分估计，缩小税基，减少应纳税所得额。

对于国家允许在费用中列支的项目，如分别按计税工资总额的2%、14%、1.5%提取的职工工会经费、职工福利费、职工教育经费，应尽可能地提足提全。

对于一些可能发生的损失，如坏账损失等，企业应充分预计，在税法允许的范围内尽可能按上限提足准备金。

这既符合国家税法和财务制度的规定，又能收到节税的效果。

五、降低应纳税额。

影响应纳税额的因素有两个，即计税基数和税率，计税基数越小，税率越低，应纳税额也越小。

进行税务筹划可从这两个因素入手，找到合法的办法来降低应纳税额。

例如，某企业2005年12月30日测算的应纳税
所得额为10.02万元，则企业应纳所得税25050元（100200×25%）。

如果该企业进行了税务筹划，支付税务咨询费200元，则该企业应纳税所得额100000元（100200-200），应纳所得税27000元（100000×27%），通过比较可以发现，进行税务筹划支付费用仅为200元，却节税6066元（33066-27000）。

六、权衡整体税负的轻重。

例如，很多筹划方案中都有增值税一般纳税人与小规模纳税人选择的筹划。

如某企业是一个年不含税销售额90万元左右的生产企业，企业每年购进的材料不含增值税的价格大致在70万元左右。

该公司会计核算体系健全，有条件认定为一般纳税人。

如果是一般纳税人，公司产品的增值税适用税率是17%，应纳增值税3.4万元（90×17%-70×17%）；如果是小规模纳税人，税率为6%，应纳增值税5.4万元（90×6%）＞3.4万元。

因此，仅从增值税角度考虑应选择一般纳税人。

但实际上，虽然小规模纳税人多纳增值税2万元，但其进项税额11.9万元（70×17%），虽然不能抵扣却可以计入成本，从而增加成本11.9万元，所得税减少2.975万元（11.9×25%），大于多纳的增值税2万元。

因此，企业在选择税务筹划方案时，不能仅把目光盯在某一时期纳税较少的方案上，而要考虑企业的发展目标，选择有利于增加企业整体收益的方案。

七、充分利用税收优惠政策。

对于纳税人来讲，利用税收优惠政策进行纳税筹划的重点在于如何合理运用税收政策法规的规定，适用较低或较优惠的税率，妥善规划生产经营活动，使其实际税负最低，以达到节税的效果。

例如，根据我国税法规定，对国务院批准的高新技术产业开发区内的高新技术企业，自投产年度起免征所得税2年。

对企业利用废水、废气、废渣等废弃物为主要原料进行生产的，可在5年内减征或免征所得税。

此外，对用于支持农业以及教科卫事业发展的投资，国家也有不同的税收优惠政策。

企业经营者应参照政策规定，综合比较投资环境、投资收益、投资风险等因素，决定投资区域、投资方向以及投资项目，合理进行税务筹划，以减少企业税负。

需要说明的是，纳税人运用上述方法进行节税，一方面，要符合企业生产经营特点，统筹规划，综合考虑，不能顾此失彼；另一方面，要经常学习，了解国家税制改革动向及优惠政策措施的修订和调整，准确把握税收法规政策界限，深入研究税法的相关规定，防止因节税而引发其他问题。