经国务院批准，自2016年5月1日起，全国范围内全面推开营业税改征增值税试点，建筑业、房地产业等全部营业税纳税人纳入试点范围，由缴纳营业税改为缴纳增值税。 近年来，建筑企业一直都是PPP项目中的主力军，参与甚至主导了PPP项目的设计、投融资、建设、运营、维护等各个环节。建筑企业作为社会投资人通常既是PPP项目公司的股东，又是PPP项目的施工/工程总承包商。由于PPP项目环节众多，涉税行为复杂，建筑企业参与PPP项目的税务测算和筹划一直是备受关注的重点。 营改增以后，新的税收政策对建筑企业参与PPP项目有哪些影响、如何进行税务测算和筹划等问题显得更加重要。 营改增就是以前缴纳营业税的应税项目现在改成缴纳增值税，具体到建筑业来说，就是建筑业营业税纳税人将由缴纳营业税（3%税率）改为缴纳增值税（11%税率）。 理论上，营改增后，在增值税抵扣链条完整、可抵扣进项税额足够大的情况下，建筑企业参与PPP项目税负成本可以降低。 但是在实践中，由于建筑企业传统粗放的财务管理、经营模式，PPP项目销项税额与进项税额匹配度等问题，营改增后，建筑企业参与PPP项目的税负缴纳和抵扣并非理论上的那么简单。 营改增的影响2016年5月1日是营业税改征增值税的分水岭。由于营改增后建筑业的增值税率相较于营业税率有较大变化，两者的征管要求也不相同，营改增对于分水岭前后的PPP项目影响巨大。 笔者操作的几个PPP项目都遇到这样的问题。政府方在编制PPP项目概预算文件以及投资人参与项目投标的时间发生在5月1日之前，进行测算所依据的都是3%的营业税税率，但项目的具体落地实施发生在5月1日以后，将使用增值税税率，这意味着如果没有足够的可抵扣进项税额，项目公司/投资人的税负可能增加。例如：PPP项目中，项目公司通常承担征地拆迁的费用，由于政府方只能开具行政事业收据无法开具增值税发票，因而无法产生进项税抵扣；建筑企业的劳务分包商、砂石材料供应商通常是小规模纳税人，无法开具增值税发票，因而无法产生进项税抵扣。营改增后，按照新的11%税率，如果不能妥善的转嫁或处理，项目公司/投资人的税负无形中增加。 除了正在实施的PPP项目，营改增对于未来实施的PPP项目也影响巨大。营业税是价内税，通常税额包含在工程造价中，而增值税是价外税。根据住建部《关于做好建筑业营改增建设工程计价依据调整准备工作的通知》的规定，营改增后，工程造价=税前工程造价+应缴纳增值税。税前工程造价为人工费、材料费、施工机具使用费、企业管理费、利润和规费之和，各费用项目均以不包含增值税可抵扣进项税额的价格计算。因此，哪些是可抵扣的进项税额，如何进行抵扣，对于建筑企业就至关重要。另外，在PPP项目中，项目公司在漫长的建设期通常存在大量的进项税额，缺乏销项税额，而在运营期存在大量的销项税额，缺乏进项税额，进项税额和销项税额的确认计提以及发生时间、主体的相互匹配等问题也影响着PPP项目的税负抵扣和缴纳。 思考与建议在PPP项目实践中，为了规避营改增对PPP项目可能造成的税负增加，根据与政府方、税务部门谈判磋商的经验，笔者通常建议客户在PPP协议或补充协议中约定，在PPP项目合作期间，若因税收政策变化（如营改增）导致项目公司或社会投资人或总承包单位税负与项目概预算文件批复之时的税负相比增加的，则增加的税款由双方确认后计入项目投资成本。无法计入项目投资成本的，由政府方承担。 但增值税相对于营业税计征更加复杂，征管也更加严格，上述简单几句话并不能完全覆盖营改增可能带来的风险。为避免营改增可能产生的不利影响，笔者也建议建筑企业在参与PPP项目时，全面透彻了解营改增的政策要求和对项目每一环节的影响，及时进行精细化的税务筹划和财务指标测算，统筹考虑项目的成本和收益，并加强内部控制和管理。 VAT FOR PPP PROJECTS: IMPACT ON CONSTRUCTION COMPANIESAs approved by the State Council, comprehensive roll-out of the pilot programme to replace business tax with value added tax (VAT) has been implemented since 1 May 2016. The construction industry, real estate industry and all other business taxpayers are included in the pilot programme and must pay VAT instead of business tax. In recent years, construction enterprises have always been the main force of public-private partnership (PPP) projects, and participated in or even led the design, investment and financing, construction, operation, maintenance and other aspects of PPPs. Construction enterprises, as social investors, are generally the shareholders of the PPP project companies, as well as the general contractors of the construction/engineering of the PPP projects. Since there are many processes and aspects in PPP projects, and their tax-related behaviours are complicated, tax calculation and planning of PPP projects involving construction enterprises has always been a focus of attention. After the replacement of business tax with VAT, the impact of the new tax policy on construction enterprises joining in PPP projects, and its tax calculation and planning etc., is becoming more important. Replacing business tax with VAT means VAT must be paid now for taxable items that were levied with business tax before. Specifically, business taxpayers in the construction industry must pay a VAT rate of 11% instead of a business tax rate of 3%. Theoretically, the replacement of business tax with VAT may lessen the tax burden on construction enterprises participating in PPP projects, if there is a complete chain of VAT deductible and sufficient deduction of input tax. However, in practice, due to the traditional extensive financial management and operation model of construction enterprises, matching problems between output tax and input tax of PPP projects and other issues, tax payments and deductions for construction enterprises to participate in PPP projects are not as simple as they are in theory. Impact of replacement of business tax with VAT1 May 2016 is a watershed date for converting business tax to VAT. In the construction industry, the VAT rate changed greatly after replacing the business tax, and levy management requirements of them both are not the same, so replacement of the business tax with VAT has had a tremendous impact on PPP projects since 1 May. Several PPP projects operated by the authors have encountered problems. The government had prepared the budget for PPP projects, and investors had participated in the bidding before 1 May, and the budget was based on a business tax rate of 3%. But the implementation of the projects took place after 1 May and the VAT rate must be applied, which means if there is not enough deductible input tax, the tax burden on the project companies or investors may increase. In PPP projects, project companies usually bear the costs of land acquisitions and resettlement, and the government can only issue administrative receipts instead of VAT invoices, therefore input tax deduction can’t be generated; labour subcontractors and gravel suppliers of construction enterprises are usually small-scale taxpayers who are unable to issue VAT invoices, therefore input tax deduction can’t be generated. After replacement of business tax with VAT, if the new 11% tax rate can’t be transferred or handled properly, the tax burden on project companies or investors must increase. Apart from ongoing PPP projects, replacement of business tax with VAT will also have a tremendous impact on PPP projects in the future. Business tax is a kind of tax included in price and is usually included in the construction costs, while VAT is a kind of tax excluded in price. According to a notice from the Ministry of Housing and Urban-Rural Development on “Making Good Preparations for the Replacement of Business Tax with VAT in Construction Industry and the Adjustment of Construction Projects Pricing Basis”, construction costs must be the sum of pretax construction costs and VAT payable after replacement of business tax with VAT. Pre-tax construction costs are equal to the sum of labour costs, material costs, running costs of construction equipment, enterprise management fees, profits and stipulated fees, all of which are calculated at prices excluding VAT deductible input tax. Therefore, what the input tax deductible is, and how to deduct it, are crucial for construction companies. Furthermore, in PPP projects, project companies always have large amounts of input tax and a lack of output tax during the lengthy construction period, while during the operational period, they may have large amounts of output tax and a lack of input tax. Therefore, provisions for input and output taxes and mutual matching of time, subject etc., also affect the tax deduction and payment of PPP projects. Reflections and suggestionsDuring the implementation of PPP projects, in order to avoid a possible tax burden arising from the replacement of business tax with VAT, the authors suggest that clients specify in the PPP agreement or supplementary agreement that during a co-operation period of PPP projects, where the tax burden on project companies or social investors or general contractors is increased compared with the same at the time of getting project budget approval due to tax policy changes (such as replacement of business tax with VAT), the increased tax must be credited into project investment costs upon confirmation of both parties. Any increased tax that can’t be credited to project investment costs must be borne by the government. However, compared with business tax, calculation and collection of VAT is more complex, and collection and management is more stringent. Therefore, the risks arising from replacing business tax with VAT cannot be fully covered by the above-mentioned. For the purpose of avoiding possible adverse effects, the authors also suggest that construction enterprises must have a comprehensive and thorough understanding of policy requirements for the replacement of business tax with VAT, and its impact on every aspect of PPP projects. They must also conduct accurate and timely tax planning and financial forecasts, and take into full account the costs and benefits of PPP projects, while strengthening internal controls and management.
