Notice of the Ministry of Finance and the State Administration of Taxation on Issues Concerning Policies on Enterprise Income Tax in the Implementation of Enterprise Accounting Standards

财政部、国家税务总局关于执行《企业会计准则》有关企业所得税政策问题的通知

Promulgating Institution: Ministry of Finance; State Administration of Taxation

Document Number: Cai Shui [2007] No.80

Promulgating Date: 07/07/2007

Effective Date: 01/01/2007

Revision History: This document has been declared repealed pursuant to the Decision of the Ministry of Finance on Announcing the Catalog of Regulations and Normative Documents on Finance to be Repealed or Ineffective (Batch Ⅺ) promulgated on February 21, 2011.

颁布机关: 财政部; 国家税务总局

文   号: 财税[2007]80号

颁布时间: 07/07/2007

实施时间: 01/01/2007

修订记录: 根据2011年2月21日发布的《财政部关于公布废止和失效的财政规章和规范性文件目录（第十一批）的决定》，此文件被宣布废止。

Finance departments (bureaus), State taxation bureaus, and local taxation bureaus of all the provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the State plan, the Bureau of Finance of the Xinjiang Production and Construction Corps, and the financial supervisor's offices of the Ministry of Finance in all the provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the State plan:

For the purpose of facilitating the implementation by enterprises of the Enterprise Accounting Standards issued by the Ministry of Finance in 2006 (hereinafter referred to as the "New Accounting Standards") and coordinating the policy differences between accounting and taxation, the issues concerning the implementation of policies on enterprise income tax under the New Accounting Standards are hereby specified as follows:

  各省、自治区、直辖市、计划单列市财政厅(局),国家税务局,地方税务局,新疆生产建设兵团财务局,财政部驻各省、自治区、直辖市、计划单列市财政监察专员办事处:

  为便于企业执行2006年财政部发布的企业会计准则(以下称新会计准则),协调会计与税收之间的政策差异,现就执行新会计准则的企业所得税政策问题明确如下:

1. Such interest income from the held-to-maturity investment and loans of the enterprises as is calculated by the real interest rate method in accordance with the provisions of the New Accounting Standards may be counted into the taxable income of the current period. Under the conditions of the current applicable provisions on taxation, as for such interest expenses related to financial debts as are established by the real interest rate method, the part thereof not exceeding the loan interest rate of the bank over the same period may be deducted from the taxable income of the current period and the excess part may not be deducted.

    一、企业对持有至到期投资、贷款等按照新会计准则规定采用实际利率法确认的利息收入,可计入当期应纳税所得额。对于采用实际利率法确认的与金融负债相关的利息费用,应按照现行税收有关规定的条件,未超过同期银行贷款利率的部分,可在计算当期应纳税所得额时扣除,超过的部分不得扣除。

2. The income tax refunded after collection that the enterprises have actually received for special purposes in accordance with the provisions of relevant documents issued by competent financial and taxation authorities under the State Council shall, in accordance with the provisions of the accounting standards, be counted into the total profit of the same period as the income tax refunded and shall not be included in the taxable income.

    二、企业按照国务院财政、税务主管部门有关文件规定,实际收到具有专门用途的先征后返所得税税款,按照会计准则规定应计入取得当期的利润总额,暂不计入取得当期的应纳税所得额。

3. As for such financial assets, financial debts and investment-oriented real estate held by the enterprises measured by fair value, the change of the fair value during the holding period shall not be counted into the taxable income, and in the event of actual disposal or settlement, the balance between the income from the disposal and its historical cost shall be counted into the taxable income during the period of disposal or settlement.

    三、企业以公允价值计量的金融资产、金融负债以及投资性房地产等,持有期间公允价值的变动不计入应纳税所得额,在实际处置或结算时,处置取得的价款扣除其历史成本后的差额应计入处置或结算期间的应纳税所得额。

4. Such loan expenses incurred by the enterprise as satisfy the provisions of the accounting standards shall be capitalized and counted into the relevant asset cost. The cost expenses calculated in accordance with the provisions of the tax law, such as depreciation, may be deducted on a pre-tax basis. 

    四、企业发生的借款费用,符合会计准则规定的资本化条件的,应当资本化,计入相关资产成本,按税法规定计算的折旧等成本费用可在税前扣除。

This Notice shall come into force on January 1, 2007. In the event of any inconsistency between the provisions of the former policies and those of this Notice, the provisions herein shall prevail.

  本通知自2007年1月1日起执行,以前的政策规定与本通知规定不一致的,按本通知规定执行。

The State Administration of Taxation 

July7, 2007

国家税务总局 

二〇〇七年七月七日