The Study On Tax Planning Of Enterprise Income Tax Under The New Enterprise Income Tax Law

The tax planning is a design and operation process ,which is carried by the taxpayer, voluntarily or through intermediary proxy organization help. And the tax planning's goal is to realize the enterprise value maximization or the shareholder wealth maximization. It may aim at all categories of taxes, but the tax payment preparation's way, the method and the income are different as a result of the different categories of taxes' nature. The enterprise income tax is a tax which aims at produce obtained, management obtained and other obtained. Its taxpayers are companies and enterprises. The accounting standards are the basis of counting the tax. When accountant processes and the tax code conflicts, the tax code is regarded as the standard. The enterprise income tax's scope is very widespread. If the tax planning is done well, the taxpayer will obtain considerable benefit. Therefore, more and more enterprises start to take the tax planning of enterprise income tax.From January 1, 2008, the new enterprise income tax law started to become effective. The new tax law and the original tax law have very big difference in the taxpayer, the tax rate and the tax preference. This provides space to the enterprise income tax planning. The new enterprise income tax law changes the condition and the environment of the tax planning. Enterprises should adopt new methods to adapt this change. This paper conducts research and analysis to the tax planning of enterprise income tax.This paper has been divided into five parts. The first part outlines the tax planning of enterprise income tax. First it expounds the concept of tax planning. Then it shows that the tax planning has experienced three phases in our country: firstly, the stage of the tax planning separating with the tax evasion; secondly, the stage of the tax planning separating with the tax avoidance; thirdly, the stage of the tax planning getting systematization. Then it's the analysis to the difference between the tax planning, the tax evasion and the tax avoidance. At last of this part, the significance of the tax planning of enterprise income tax has been discussed. The tax planning of enterprise income tax is useful for both the enterprise and our country.The second part makes an introduction to the new tax law from the following five aspects: firstly, in taxpayer's definition, the resident enterprise and the non-resident enterprise have been differentiated; the same tax rate is suitable for both the foreign enterprise and the domestic enterprise; secondly, in the deduction project, the new tax law has made corresponding adjustment to the wages, the research and development expense, the advertizing cost and so on; thirdly, in the aspect of the tax preference , the new tax law has adopted five ways to carry on the conformity to the original taxes preferential policy; fourthly, the new tax law has stipulated the corresponding transitional measure to"the old enterprise"and the specific region in the aspect of the tax preference; fifthly, the new tax law has made new stipulation to prevent the tax avoidance.The third part elaborates the strategy and the method about the tax planning of enterprise income tax from the following five aspects: firstly, to carry on the tax planning according to the enterprise configuration of organization, it mainly involves the choice of to set up the subsidiary company or the subsidiary company; secondly, to carry on the tax planning according to the tax preference; thirdly, to carry on the tax planning according to the deduction projects, it makes a discussion about the deduction of wages, the donation, the advertizing cost, the research and development expense and so on; fourthly, to carry on the tax planning according to the different method in accounting, it mainly involves the confirmation of the sales revenue, the valuation of the goods in stock and the depreciation of the fixed asset; fifthly, to carry on the tax planning according to the transitional measure of the tax preference.The fourth part discusses the tax avoidance from the following three aspects: firstly, the situation of the tax avoidance in our country; secondly, the measure to prevent the tax avoidance, the new tax law divides the enterprise into the resident enterprise and the non-resident enterprise to serve the purpose; thirdly, the enterprise should strengthen the tax management to reduce the tax risk.The fifth part summarized several questions about the tax planning from the following three aspects: firstly, the enterprise should pay attention to the differences between the tax law and the accounting system; secondly, the analysis about the cost and the income is very important for the judgment of whether the tax planning has achieved the anticipated target; thirdly, the enterprise should adjust the method and the strategy to adapt the changes of the tax law, when it is necessary.Under the new tax law, it's still feasible to use the different accounting method in tax planning. But simultaneously some method in tax planning has malfunctioned, that's why enterprises begin to seek for new breakthrough points. Specifically speaking, the new tax law's implementation makes the enterprise reduce the tax planning which is based on the tax preference. But the enterprise may incease the tax planning which is based on the deduction projects, because its space has expanded. In addition, the new tax law has increased the stipulation of the tax avoidance. The enterprise should strengthen the tax management and make the transaction conform to the independent transaction principle.In brief, the tax planning of enterprise income tax has great significance to the finance management. And it's important for the competition between the enterprises. The enterprise should adjust the strategies according to the economic conditions which change unceasingly, to achieve the goal of the enterprise value maximization.