Circular on the Policy of Pre-tax Deduction of Advertising and Publicity Expenditures
关于广告费和业务宣传费支出税前扣除政策的通知
Advertising expenditures of cosmetic, pharmaceutical and beverage enterprises may be deducted against 30% of their sales revenues.
(Issued by the Ministry of Finance and the State Administration of Taxation on May 30 2012 and effective from January 1 2011 to December 31 2015.)
（财政部、国家税务总局于二零一二年五月三十日发布，自二零一一年一月一日起至二零一五年十二月三十一日止执行。）
财税 [2012] 48号
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：
根据《中华人民共和国企业所得税法实施条例》(国务院令第512号)第四十四条规定，现就有关广告费和业务宣传费支出税前除政策通知如下：
1. 对化妆品制造与销售、医药制造和饮料制造(不含酒类制造，下同)企业发生的广告费和业务宣传费支出，不超过当年销售(营业)收入30%的部分，准予扣除；超过部分，准予在以后纳税年度结转扣除。
2. 对签订广告费和业务宣传费分摊协议(以下简称分摊协议)的关联企业，其中一方发生的不超过当年销售(营业)收入税前扣除限额比例内的广告费和业务宣传费支出可以在本企业扣除，也可以将其中的部分或全部按照分摊协议归集至另一方扣除。另一方在计算本企业广告费和业务宣传费支出企业所得税税前扣除限额时，可将按照上述办法归集至本企业的广告费和业务宣传费不计算在内。
3. 烟草企业的烟草广告费和业务宣传费支出，一律不得在计算应纳税所得额时扣除。
4. 本通知自2011年1月1日起至2015年12月31日止执行。
Cai Shui [2012] No.48
Finance departments (bureaux), offices of the State Administration of Taxation and local taxation bureaux of the provinces, autonomous regions, municipalities directly under the central government and cities with independent development plans and the Finance Bureau of the Xinjiang Production and Construction Corps:
Pursuant to Article 44 of the Implementing Regulations for the PRC Enterprise Income Tax Law (Order of the State Council No.512), we hereby notify you as follows concerning the relevant policy of pre-tax deduction of advertising and publicity expenditures:
1. Enterprises that manufacture and sell cosmetics, and those that manufacture pharmaceuticals or manufacture beverages (here and hereinafter excluding the manufacture of alcoholic beverages) shall be permitted to deduct that portion of their advertising and publicity expenditures that does not exceed 30% of their sales (operating) revenues of the year in question; they shall be permitted to carry forward any amount above that 30% and deduct it in future tax years.
2. Where affiliates have executed an advertising and publicity expense sharing agreement (a Sharing Agreement), the advertising and publicity expenses not exceeding the pre-tax deduction limit percentage of sales (operating) revenue for the year in question incurred by one of the parties may be deducted by the enterprise in question or, alternatively, part or all thereof may be allotted to the other party pursuant to the Sharing Agreement and deducted by such party. When calculating its enterprise income tax pre-tax deduction limit for advertising and publicity expenditures, the other party is permitted not to count the advertising and publicity expenditures allotted to it by the aforementioned method as part thereof.
3. None of the tobacco advertising and publicity expenditures of a tobacco enterprise may be deducted at the time such an enterprise calculates its taxable income.
4. This Circular shall be implemented from January 1 2011 to December 31 2015.
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