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Taxation - China

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FAQs on Issues related to the pre-tax deduction of asset depreciation

Answer
Q:
Can depreciation of machinery and equipment unused be deducted before corporate income tax?
A:
This issue is a tax difference issue, according to the provisions of the tax law, the depreciation of machinery and equipment that has not been put into use cannot be deducted before corporate income tax

Q:
Can the amortization expense of intangible assets accrued to self-generated goodwill be deducted before corporate income tax?
A:
According to the Enterprise Income Tax Law of the People's Republic of China, the amortization expense of self-created goodwill arising from an enterprise cannot be deducted before tax.

Q:
How can the one-time lease fee paid by an enterprise renting fixed assets be deducted before tax?
A:
According to the Provisions of the People's Republic of China on the Implementation of Enterprise Income Tax, the lease fee paid by an enterprise for leasing fixed assets according to the needs of production and operation activities shall be deducted according to the following methods: 1. The lease fee expenses incurred by leasing fixed assets in the form of operating lease shall be evenly deducted according to the lease term; 2. The lease fee expenses incurred by leasing fixed assets by means of financial leasing shall be deducted from the depreciation expenses and deducted in installments according to the provisions of the part that constitutes the value of the fixed assets leased into financial leases. Therefore, in the case of a non-financial lease, the enterprise should deduct the one-time rent paid evenly during the lease period.

Q:
What are the tax laws on the minimum depreciation period for fixed assets?
A: According to the Regulations of the People's Republic of China on the Implementation of Enterprise Income Tax, the minimum period for calculating depreciation of fixed assets is as follows: (1) 20 years for houses and buildings; (2) 10 years for airplanes, trains, ships, machinery, machinery and other production equipment; (3) 5 years for appliances, tools, furniture, etc. related to production and business activities; (4) 4 years for means of transport other than airplanes, trains and ships; and (5) 3 years for electronic equipment. According to Article 64, the minimum period for calculating depreciation of productive biological assets is as follows: (1) 10 years for forest productive biological assets; (2) 3 years for livestock productive biological assets.

Q:
What is the tax law's minimum age for amortization of intangible assets?
A: According to the Regulations of the People's Republic of China on the Implementation of Enterprise Income Tax, the amortization expenses of intangible assets calculated according to the straight-line method are allowed to be deducted. The amortization period of intangible assets shall not be less than 10 years. As an intangible asset invested or transferred, where the relevant laws and regulations or the contract stipulate the service life, it may be amortized in installments in accordance with the provisions or the agreed service life. For software purchased by an enterprise, where it meets the conditions for the recognition of fixed assets or intangible assets, it can be accounted for according to the fixed assets or intangible assets, and its depreciation or amortization period can be appropriately shortened, and the shortest may be 2 years (inclusive).

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