From September 3, 2021 to September 7, 2021, "The 7th China Tax Lawyers, Tax Agents and Tax Law Graduate Students Summer Academy(2021)" was successfully held in Beijing. The Summer Academy is co-sponsored by China Certified Tax Agents Association and China University of Political Science and Law Fiscal and Tax Law Research Center, organized by Hwuason Law Firm and Huashui Tax Agents Firm, and co-organized by Huashui School. In view of the needs of epidemic prevention and control, this Summer Academy was held in the form of live online teaching. Since the launch of registration on June 18, this Summer Academy has received extensive response from lawyers' associations, tax agents' associations and colleges and universities, and has received enthusiastic registrations from lawyers, tax agents and postgraduate students of tax law in colleges and universities in various places. The organizing committee of the Summer Academy set up an admission evaluation team, and based on the principles of fairness, impartiality, selecting the best, and taking into account the balance, admitted a total of 190 lawyers, tax agents, and postgraduate students in tax law. Focusing on the deepening of tax administration reform in the new period and cutting-edge international tax issues, the Summer Academy has brought a refreshing and splendid feast of tax law knowledge and tax-related professional services to the participants.

The picture shows the opening ceremony of the 7th Summer Academy

The opening ceremony of the seventh Summer Academy was held from 8:30 to 9:00 a.m. on September 3rd. The opening ceremony was presided over by Liu Tianyong, Director of Finance and Taxation Law Professional Committee of All-China Lawyers Association and Director of Hwuason Law Firm. Li Linjun, Vice President of China Association of Registered Taxation Technicians (CARTT), Shi Zhengwen, Vice President of Finance and Taxation Law Research Society of China Law Society, Director of Finance and Taxation Law Research Center of China University of Political Science and Law, and Hou Hongwei, Director of Training Department of China Association of Registered Taxation Technicians (CARTT) were present, and speeches were delivered by Vice President of Li Linjun and Prof. Shi Zhengwen.

Vice President Li Linjun said in his speech that under the current tense situation of epidemic prevention and control, the seventh Summer Academy was hard-won and precious to be held as scheduled. The recent meeting of the Central Finance and Economics Committee and the Central Committee for Comprehensively Deepening Reform pointed out that our country is moving steadily towards the goal of realizing common wealth. The realization of common wealth inevitably involves the issue of income distribution, and taxation, as an important means of income redistribution, will certainly play a pivotal role. This Summer Academy focuses on the hot issues of deepening the current tax administration reform, combines the cutting-edge theories of taxation with the practice of tax law service, and is highly compatible with the current theme of economic and social development. It is hoped that this year's participants can learn something during the five-day course.

Professor Shi Zhengwen pointed out in his speech that at present, China has started a new journey to build a socialist modernization country in an all-round way, and is facing historic changes and profound transformation, China is carrying out the largest tax legislation since the founding of the country, and the central government proposes to set up a modern fiscal, taxation, and financial system, which puts forward higher requirements for fiscal and taxation practitioners in the new era. Under such a background, tax and finance workers should insist on learning, continuously improve their practice ability and quality, respond to the challenges in a new realm and new way, and shoulder the mission and responsibility of better safeguarding the rights and interests of taxpayers, guaranteeing the fair and just implementation of the tax law, and giving full play to the functions of "managing the money, governing the country and serving the people" of the tax and finance industry. The success of the past six Summer Academies has cultivated and delivered a large number of backbone talents of tax-related professional services for the whole country, and some of the participants have become the backbone and leaders of tax-related professional service organizations in different places. The course of this Summer Academy is well-designed with a large number of participants, and the lectures focus on cutting-edge, major and difficult tax issues. We hope that all the participants will grasp the essence of the course, experience the methodology, and devote themselves to the course with the spirit of "no time to lose", so that they can have a fruitful, enjoyable and unforgettable learning time.

Li Linjun, Vice President of China Association of Registered tax agents, gave a lecture.

From 9:00 a.m. to 12:00 p.m. on September 3, Li Linjun, vice president of China Association of Registered Taxation Technicians, gave a lecture on the topic of "In-depth Interpretation of Opinions on Further Deepening the Reform of Taxation Levy and Administration". He sorted out the history of tax collection and management reform, and introduced China's tax collection and management of "tax management by people", "tax management by votes", "tax management by information" and "tax management by numbers". The four stages of "tax management by people", "tax management by tickets", "tax management by information" and "tax management by numbers" are introduced. He also introduced the Opinions on Further Deepening the Reform of Tax Collection and Administration by the Central and State Offices, pointing out that intelligent taxation with high integrated functions, high security performance and high application efficiency is the foundation of the reform, and that precise law enforcement, fine service, precise supervision and sincere common governance are the task-oriented of the reform. President Li also made an in-depth analysis of the Circular of the State Administration of Taxation on In-depth Study and Implementation of the Opinions on Further Deepening the Reform of Taxation Levy and Administration, and summarized the main contents of the Circular as more effective data empowerment, more precise tax enforcement, finer tax and fee service, more accurate tax supervision, more sincere tax co-governance, and more powerful organizational guarantee. From a macro perspective, he also pointed out that the direction of digital development in the 14th Five-Year Plan, the development of digital economy and the development of platform economy are important backgrounds for deepening tax collection and administration reform. Finally, he summarized the impact of the deepening tax administration reform on enterprises, the tax practitioner industry, relevant laws and regulations, and highlighted how the tax practitioner industry can achieve digital transformation.

The picture shows that Mr. Duan Tao, a partner of King & Wood Mallesons, gave a lecture.

From 1:30pm to 4:30pm on September 3, Ms. Duan Tao, a partner of King & Wood Mallesons, gave a lecture on the topic of "Tax Practices in M&A and Restructuring Transactions". In the lecture, she explained the general and special tax treatment policies for domestic and cross-border equity acquisitions, asset acquisitions, mergers, demergers, debt restructurings, non-monetary asset investments, and equity/asset transfers, and discussed the difficult issue of whether natural person shareholders are subject to tax in the special tax treatment in the light of practical experience.  Duan Tao also explained the tax policies on value-added tax, deed tax, land value-added tax, withholding tax and other tax policies on M&A reorganization, discussed the difficult tax issues in M&A reorganization with cases, and put forward two typical tax-saving means of distributing dividends before transferring the equity, and reducing the capital first and then increasing the capital. Finally, she introduced the latest progress of BEPS action plan, reminded the anti-avoidance risks in M&A reorganization, and explained in-depth the anti-avoidance rules and coping strategies such as transfer pricing, indirect property transfer, tax residency status determination, CFC, CRS, and so on, together with cases.

Prof. Feng Xiaobin of the Chinese Society of Finance gave a lecture.

From 8:30 a.m. to 11:30 a.m. on September 4, Prof. Feng Xiaobin, Deputy Secretary General of the Chinese Society of Finance, gave a special lecture on the topic of "Discussion on Hot Issues of Current Tax Reform". Prof. Feng made an in-depth interpretation of the hottest issues in the current tax reform from four aspects, namely, tax reduction and fee reduction, taxation of digital economy, carbon tax collection and management, and international tax order. Prof. Feng made a deep analysis of the essence, focus, effect, problems and future development of tax and fee reduction, pointing out that China's tax and fee reduction has gone through the process of structural reform to universal reform and back to structural reform, and has realized a spiral upward. She pointed out that digital transformation is an unstoppable trend facing human society in the future, and the challenges brought by economic digitalization to taxation have prompted countries around the world to concertedly promote international tax reforms to adapt to the development of the digital economy, and that the equal emphasis on both international and domestic, efficiency and fairness, establishing first and then breaking, and connecting with the established tax reforms are the reform directions of constructing a tax system for the digital economy. In the lecture, Prof. Feng introduced that China's carbon trading market is amazing in scale and huge in total, and a carbon tax system should be introduced in due course to promote carbon equity; the design path of the future carbon tax system is to amend the environmental protection tax law, increase the number of carbon tax items, reasonably stipulate the starting point and exemptions, implement the ad valorem levy, and take carbon equivalent as the unit of levy, and set the revenue from carbon tax as the local financial income, and the central government will not participate in the share. Prof. Feng has a broad vision and thorough interpretation, sharing authoritative and insightful views for understanding the current tax policy and future reform.

Mr. Yuan Senggeng, former professor of the Party School of the State Administration of Taxation of the Communist Party of China, gave a lecture.

From 2:00 to 5:00 p.m. on September 4, Mr. Yuan Sengeng, a senior partner of the Guangzhou office of Pacific Century Law Firm and former professor at the Cadre School of the State Administration of Taxation, gave a lecture on the topic of "In-depth Analysis of Recent Typical Tax Cases". Mr. Yuan shared his thoughts and skills on tax-related dispute resolution with typical practice cases and his rich experience in handling tax-related dispute cases over the years. He suggested that tax-related disputes may be triggered by the deviation of understanding due to the complexity of tax law and defects of legislation, and may also be generated by the improper behavior of tax authorities, and that lawyers should deal with them appropriately through full communication, legal analysis, case citation, expert argumentation, etc., and taxpayers should express their views to safeguard their legitimate rights and interests through presentation and defense, hearings, reconsideration, litigation and even complaints. Combined with several cases, he discussed in depth the general idea of tax-related dispute resolution and the successful tips of tax-related dispute negotiation. He believes that in tax-related dispute resolution, taxpayers' own tax law compliance is the prerequisite, legal remedies are the main way, and explanation and communication are the common way. In the lecture, Mr. Yuan focused on analyzing the handling of abnormal voucher disputes and gave tips on the common misunderstandings when taxpayers seek for remedies of their rights.

From 8:30-11:30 a.m. on September 5, Cai Chang, Director of the Tax Planning and Legal Research Center of Central University of Finance and Economics, gave a special lecture on the topic of "Case Study on Tax Planning". He firstly discussed how to understand tax planning in reality, clarified the concept of tax planning, and proposed that the core issue of tax planning is to solve the attribution of property rights, which should reflect the principles of tax law and private law autonomy. In his opinion, tax planning in practice can be divided into sub-tax, sub-process, comprehensive and mosaic planning, and mosaic planning is the most advanced planning method that fully embeds tax planning into the business model. He compared tax planning, tax avoidance and tax evasion with traffic signals, emphasized the need for scientific understanding of tax planning and cautious treatment of tax avoidance in the middle ground. Combined with practical cases, he taught the three design ideas of tax planning: process idea, contract idea and transformation idea, and explained in detail the six methods and application scenarios of tax planning, including the avoidance platform method that can be applied to termination compensation, the price splitting method of mixed sales, the transfer pricing method of profit transfer, the whole-to-zero method of year-end bonuses, the business transformation method of technology and patent transfers, and the asset restructuring method of large-scale transactions. He also proposed the "business transformation method of technology patent transfer, asset restructuring method of large-scale transactions, etc. Finally, he put forward the idea of "business, finance, law and tax" integration, emphasizing the deep integration of business, finance, law and tax, and the four-in-one, in order to do a good job of corporate tax compliance and tax saving.

Pictured is Li Hua, Tax Director of Microsoft Greater China, giving a lecture

From 1:30 to 4:30 pm on September 5, Li Hua, Senior Tax Director of Microsoft Greater China, gave a special lecture on the topic of "Tax Management Practices in Digital Economy". She introduced the new pattern of tax management in the era of digital economy, analyzed in detail how enterprises can realize financial digital transformation, interpreted the financial and tax value chain transformation of digital enterprises, put forward the key nodes of modern financial transformation, and emphasized that financial transformation improves the efficiency of financial organization. She analyzed the organization and division of labor of the financial sharing center, pointed out that core finance can release the value of data, and explained the application areas of modern finance. She also introduced the digital transformation of tax management of large enterprises, discussed the challenges brought by the third phase of the Golden Tax, and took Microsoft as an example to explain Microsoft's global tax digital transformation model, the Thousand Households Program, and the Microsoft China invoice self-service back-office management system. Finally, she lectured on international tax administration in digital economy, reviewing and looking forward to the research on digital economy tax issues, analyzing and discussing the latest G20 national statements, "two-pillar tax reform" and other cutting-edge international tax issues.

Gu Jianmin, Deputy Director of Business Standard Committee of CTRA, gave a lecture on "Difficult Practice of Enterprise Income Tax Settlement".

From 8:30 a.m. to 10:30 a.m. on September 6, Gu Jianmin, deputy director of Business Standards and Development Committee of China Association of Registered Taxation Technicians (CARTT), gave a special lecture on the topic of "Difficult Practices of Enterprise Income Tax Settlement". Gu Jianmin firstly introduced the relevant contents of tax-related professional service norms of the tax agent industry, and interpreted the business norms system of the tax agent industry, classification of tax-related business, and risk control of practice, etc. Secondly, he combined his rich experience in the field with his own experience in the field of professional services. Secondly, combined with his rich experience in tax-related services, he summarized the problems encountered in the business of enterprise income tax remittance with high frequency and difficulties in grasping, and analyzed and explained them in categories: for the difficult practices in the income category, he focused on the non-interest-bearing loans of related enterprises, the profits distributed from partnerships, the income from trial production of construction in progress during the preparatory period of an enterprise, and the tax treatment of the immediate tax rebate of a software enterprise. For the difficult practice of deduction, he focused on the accounting and tax treatment of start-up costs during the preparation period, the management of pre-tax deduction vouchers, and the analysis of the caliber of research and development costs; for the difficult practice of making up for losses, he answered the question of whether there is any extension of time for making up for losses in the income tax of hi-tech enterprises; for the difficult practice of tax incentives, he answered the question of whether all kinds of tax incentives can be enjoyed at the same time and whether there is any difference between the tax incentives of the same type and the tax incentives of the same type. For the difficult practice of tax preferences, he explained whether the tax preferences can be enjoyed at the same time and the problem of data retention. Finally, he explained the important links of the operation practice of enterprise income tax remittance and hinted the related risks.

Ms. Bai Yun, Senior Tax Manager of KPMG, gave a lecture on "Tax Risk Management Practices for Chinese Enterprises Going Global".

On September 6, Bai Yun, Senior Tax Manager of KPMG China, gave a lecture on "Tax Risk Management Practices for Chinese Enterprises Going Global" from 1:30pm to 4:30pm. Bai Yun divided the life cycle of Chinese enterprises going global into three stages: acquisition/investment, holding and exit, and analyzed in detail the tax risk points and planning methods that enterprises may face in each stage. For the acquisition/investment stage, Bai Yun emphasized the tax due diligence and the tax concerns of investment and financing structure construction, and prompted the key risks and solutions through actual cases, especially introducing the tax policies of Hainan Free Trade Port and the ideas of outbound investment tax planning. For the holding stage, she focused on three issues, namely, overseas tax management, optimization and restructuring of existing investment and financing structure and tax-related dispute resolution, and introduced the status quo and management methods of enterprise tax management, the risks of restructuring of investment and financing structure, and the ways of resolving tax-related disputes in conjunction with relevant cases. As for the exit stage, she believes that tax advisors should not be absent at this stage, and should make tax arrangements as early as possible when structuring the seller's transaction, taking the divestiture and sale of equity/assets, the tax impacts of different tiers of exit, the restructuring of the pre-sale structure and optimization of the divestiture and the handling of the existing related-party loans as the main tax concerns, considering the tax policies that should be applied, and identifying and properly dealing with the tax risks involved. We will consider the tax policies that should be applied, identify the tax risk points and handle them appropriately.

Prof. Shi Zhengwen of China University of Political Science and Law gives a lecture.

From 8:30 a.m. to 11:30 a.m. on September 7, Prof. Shi Zhengwen, Vice President of the Research Society of Finance and Taxation Law of China Law Society and Director of the Research Center of Finance and Taxation Law of China University of Political Science and Law, gave a special lecture on the topic of "Civil Code and Tax Law". Firstly, he analyzed the legislative spirit of the Civil Code, pointed out that the Civil Code has the distinctive features of leading the innovation of system structure, manifesting the spirit of humanistic care, reflecting the needs of the development of the times, and responding to the real problems in China, and lectured on the system content of the Civil Code. Then, he interpreted the basic relationship between civil law and tax law, and proposed that tax law adjusts the tax collection and payment relationship between public and private subjects, which is essentially a creditor-debt relationship, and should adhere to the theory of tax-debt relationship. By comparing the basic principles and legal status of civil law and tax law, and combining the "Guangzhou Defa Case" and the "Fujian Chen Jianwei Case", he concluded that: in factual determination, the tax law respects and relies on the civil law, but when there is a deviation between the legal form of a civil act and its economic substance, it is necessary to follow the principle of substantive taxation. However, when the legal form of a civil act deviates from its economic substance, it is necessary to re-determine the civil law facts in accordance with the principle of substantive taxation, in order to determine the tax law facts covered by the elements of taxation. Then, he analyzed the impact of the civil code on tax law, and put forward the views that the civil subject system and the tax subject system should be coordinated with each other; the tax law should conditionally recognize the tax subject status of the fetus; the provisions of the civil code on legal agency should be referred to, and the establishment of a statutory tax agency system should be studied; and the tax obligation should be retrospectively extinguished and refunded for the case that the contract is invalid. Finally, he discussed the issue of codification of tax law, and analyzed and looked forward to the legislative necessity and great significance of the general provisions of the tax law, the mode of codification of the tax law, the positioning and legislative structure of the general provisions of the tax law, and the legislative structure of the tax code.

Wang Qiang, Partner of Hwuason Law Firm, gave a lecture.

From 1:30 to 2:40 p.m. on September 7, Mr. Wang Qiang, partner of Hwuason Law Firm, gave a special lecture on the topic of "Practices of Representation in Difficult Cases of Fraudulent VAT Invoices of Bulk Trade Enterprises". Mr. Wang Qiang firstly introduced the evolution of the risk of false invoicing of enterprises under the change of investigation and handling situation from double strikes to three counterfeits, pointing out that the risk of false invoicing of invoicing parties will be intensified at present and in the future, and the platform enterprises and bulk trade enterprises will become the hardest hit areas in the outbreak of false invoicing cases. He shared his agency experience and defense strategy by explaining in detail three real cases of a refined oil trading enterprise suspected of false invoicing, Liao Moumou and other false invoicing cases, Liu Mou and other false invoicing cases, and proposed that in the case of suspected false invoicing of the invoicing party, when the two major defense strategies, namely, "business is real" and "there is no loss of deduction", fail to work, the invoicing party will not be able to obtain any tax deduction. "When the two major defense strategies fail, it is necessary to focus on the subjective aspects of the invoicing party. For the enterprise that subjectively issues invoices in good faith, although objectively there is no corresponding real transaction and the offsetting behavior of the invoiced party does cause tax loss, if the invoicing party is maliciously manipulated by the invoiced party to obtain invoices through the return of funds and separation of invoices from goods, the legal responsibility of the invoicing party and the invoiced party should be strictly differentiated and the legal responsibility of the invoicing party should not be reduced. Legal responsibility, the invoicing party should not be characterized and dealt with as a false invoicing offense. Wang Qiang believes that the tax judicial department in the investigation and handling of cases of false invoicing should abandon the "criminal" thinking and objective attribution of responsibility, and accurately examine the subjective state of the perpetrator, and the authorities should also check the gaps and make up for omissions in the system level, refine the subjective fault of false invoicing and the specific norms of criminal intent, and clarify the standards and rules of proof, so as to avoid the fundamental "invoicing is a risk". The abnormal phenomenon of "invoicing is risk" is avoided fundamentally, so that taxpayers can invoice, dare to invoice, and consciously prevent the risk of invoicing.

The picture shows that Zhang Qian, a lawyer of Hwuason Law Firm, gave a lecture.

From 2:45-3:50pm on September 7, Zhang Qian, a lawyer of Hwuason Law Firm, gave a lecture on "New Trend of Regulation of Individual Income Tax on Equity Transfer and Analysis of Latest Cases". Firstly, she introduced the new trend of regulation of individual income tax on equity transfer, pointing out that the "Opinions on Further Deepening the Reform of Tax Levy and Administration" and other documents emphasized the tax regulation of high-income groups. Localities have successively formulated implementation programs to deepen tax collection and management reform, and many places require individuals to transfer equity to file tax returns before registering the change of equity, reflecting the tightening of local individual tax policies on equity transfer. All these situations reflect the severe situation of personal tax regulation on equity transfer for high-income groups. Then, she sorted out the policies and regulations on individual income tax on equity transfer, explained the treatment of deferred tax and foreign tax credit, and interpreted the tax-related risk points of individual income tax on equity transfer. Then, she analyzed a typical case as an example, and discussed in depth the boundary between equity transfer and "real debt in name only", the calculation of taxable income, and the controversial issues such as whether the withholding agent of individual income tax can impose late payment fees for the withholding tax that should be withheld or not. Finally, she made suggestions on the prevention of tax-related risks in equity transfer, which include avoiding overly complicated transaction models, making good use of tax incentives, making clear agreements on tax sharing and supervising taxpayers to fulfill their contractual obligations, and hiring professional tax consultants and tax lawyers to prevent tax-related risks.

The picture shows the closing ceremony of the 7th Summer Academy

At 4:00 p.m. on September 7, the course of "The Seventh Summer Academy for Chinese Tax Lawyers, tax agents and Graduate Students of Tax Law (2021)" was successfully concluded, followed by a short closing ceremony, presided over by Liu Tianyong, Director of the Professional Committee of Finance and Tax Law of the National Lawyers Association, and attended by Professor Shi Zhengwen, Director of the Center of Finance and Tax Law of the China University of Political Science and Law, and Wei Zhibiao, CEO of Huazhan Tax Education. Prof. Shi Zhengwen, Director of the Research Center of Finance and Taxation Law of China University of Political Science and Law, and Wei Zhibiao, CEO of Huatax Education, attended the ceremony.

On behalf of the organizer of this Summer Academy, Director Liu Tianyong expressed his heartfelt congratulations to all the participants who had attended and successfully completed this Summer Academy, and expressed his heartfelt thanks to all the experts and scholars who had given lectures carefully during the training period. He said that since the Summer Academy was held for seven sessions, it has been adhering to the philosophy of advocating cross-border integration, focusing on professional enhancement and serving the rule of law in taxation, and focusing on cultivating the backbone of professional services in tax law in China. It is hoped that the participants can grasp the opportunity of the times, make full use of what they have learned, and play an active role in optimizing the relationship between taxpayers and taxpayers, promoting tax compliance and the rule of law in taxation. In the future, Huatax will, as in the past, carry out more and more high-quality activities, and contribute to the maintenance of the rights and interests of law-abiding taxpayers and the construction of the national tax rule of law together with many students.

In his speech, Prof. Shi Zhengwen, under the title of "Being a Tax Agent to Live up to the New Era", put forward his earnest hope and message to all the trainees. He encouraged the students to not forget the original intention, adhere to the ideals in the new era, practise the spirit of "managing money, ruling the country and serving the people", and strive to move forward on the road of promoting the fiscal reform, the construction of the rule of law and the progress of the society; he exhorted the students to continue to learn and grow their talents, keep pace with the times, seize the opportunities for development, and lead the new development of the tax agency business; and he urged the students to be virtuous and law-abiding, and to be a tax agent in the new era. He urged the students to cultivate both morality and law, respect morality and goodness, establish the pattern of "tax is bigger than the sky", keep the sentiment of serving taxpayers as the basis, and be the guardian of taxpayers' rights and interests; he reminded the students to be down-to-earth, be courageous to take up the responsibility, face the frustration, not be afraid of the danger and obstacle, and forge the excellent ability of doing their duty to take up the responsibility to open up a new world of career development continuously. Finally, Prof. Shi wished the participants of the Summer Academy a bright future and a wonderful life worthy of the times.

"The Summer Academy for Chinese Tax Lawyers, tax agents and Graduate Students in Tax Law has been successfully held for seven times since 2014, with increasing social attention, participation and influence, and has developed into a shining business card for the training of China's new type of tax-related professional service talents. During these seven years, the in-depth exchanges and cooperation between the two professions of lawyers and tax agents have promoted the transformation, upgrading and vigorous development of China's tax-related professional services, and a large number of outstanding young lawyers and tax agents have grown up rapidly and gradually become the mainstay of the construction of the rule of law in taxation in various places. The success of this Summer Academy will have a far-reaching impact on the development of China's tax lawyers and tax agents, and will also play a positive role in the study of the national tax legal system and the resolution of practical disputes. In the future, the Summer Academy will continue to take the responsibility of improving the level of tax-related professional services of the state and the society, and contribute to promoting the healthy and rapid development of China's tax lawyers' profession, promoting the transformation and upgrading of the tax attorneys' profession, and realizing the modernization of the national taxation in the new era.