-
Just now! Upstream coal invoicing platform involved in criminal “false invoicing”, triggering a series of downstream enterprise tax and criminal risk
Recently, a coal business enterprise in NM has been investigated and dealt with for suspected false invoicing of VAT special invoices. In the course of investigation, the public security authorities found that the case involved a large number of invoiced enterprises and a wide range of geographic distribution, so through the public security economic investigation cloud system to the downstream areas of the crime clues. At present, some of the areas that received the clues have carried out investigation and verification work.1528ViewsNov. 12, 2024, 3:42 p.m. -
The maximum sentence in the case of petrochemical change of invoices fraud is not more than seven years, and parties who have been sentenced to more than ten years may seek to change their sentences.
In recent years, the convictions and sentences of criminal cases of petrochemical invoicing have varied greatly from place to place, and the fates of the parties in different cases have been very different. At present, whether it is the relevant provisions and the latest spirit of the judicial interpretations of the Supreme Court and the Supreme Prosecutor, or the recently disclosed cases of judicial adjudication, they are all confirming that the behavior of petrochemical alteration of invoices should not be treated as the crime of falsely opening VAT special invoices. Parties facing more than ten years or even life imprisonment due to wrongful conviction or heavy sentence should actively seek fair justice through appeals, and the people's courts should also take up the responsibility to take the initiative to carry out special review and supervision of historical cases, correct the mistakes in conviction and sentence, and let each individual case reflect the light of justice.1018ViewsNov. 11, 2024, 10:57 a.m. -
Fraudulent invoicing by platform enterprises for financial rebates may become a future trend
In order to solve the problem of ‘source tickets’, a large number of platform enterprises have appeared in the transport, human resources, medicine, renewable resources, non-ferrous metals and other industries, and these platform enterprises, due to the high tax burden, need to rely on the fiscal refund policy to carry out their operations, and obtain the fiscal refund is usually related to the taxes paid in the course of their operations. However, due to the intangible nature of the services provided by the platform enterprises in the transport, human resources and pharmaceutical industries, the platform enterprises in the renewable resources and non-ferrous metals industries have a long trade chain, and the enterprises do not participate in transport, etc., the business authenticity of these platform enterprises is often questioned by the judicial authorities, which in turn leads to the risk of false invoicing, and it has become a difficult problem in the practice of how to evaluate the financial rebates obtained from the taxes paid by the enterprises due to the false invoicing. How to evaluate the financial rebate obtained from the tax paid by the false invoices has also become a difficult problem in practice. In the past, the judicial authorities usually determined that the enterprises used the financial rebate as a tool for profit-making through false invoicing and only pursued the responsibility for the crime of false invoicing of VAT special-purpose invoices. However, some cases now show a different logic of conviction, and the judicial authorities have started to prosecute and adjudicate on the crimes of fraud and false VAT invoices or illegal sale of VAT invoices, which has steeply increased the criminal risk of the platform enterprises. How should they respond to the criminal charge of fraud? This article intends to explore.1277ViewsNov. 6, 2024, 3:11 p.m. -
Over $110 million in back property tax and late payment fees, property tax-related risks to be emphasized in the era of inventory housing
On October 25, the Ministry of Finance released the fiscal revenue and expenditure situation in the first three quarters of 2024, and the statistics show that the national tax revenue from January to September decreased by 5.3% year-on-year, and the property tax among the land and real estate-related taxes was 311.8 billion yuan, an increase of 19.9% year-on-year, and the land value-added tax (VAT) was 400 billion yuan, a decrease of 7.8% year-on-year. VAT, land value-added tax and other transaction-related taxes and fees are hotspots of long-term concern for the real estate industry, and in the context of significant changes in the supply and demand relationship in the housing market at present, enterprises should also focus on property tax, urban land use tax and other taxes and fees in the real estate holding segment. Recently, a listed company in Inner Mongolia announced that its subsidiaries conducted self-inspection and verification of property tax returns according to the requirements of the local tax bureau, and due to the inconsistent understanding of the tax basis, the subsidiaries were required to make up for a total of 111,059,700 yuan of property tax and late payment fees from December 2018 to June 2024, which was expected to affect the net profit attributable to shareholders of the listed company for the year 2024 of approximately 80.69 million yuan. Based on the main controversial issues of property tax in practice, this article selects three typical cases to analyze the application and understanding of policies and other issues by cases for readers' reference.1154ViewsNov. 5, 2024, 4:57 p.m. -
The exchange of tax intelligence between China and the United States helps China recover 10 million yuan in taxes, and tax compliance in asset allocation in the United States cannot be ignored
Recently, through a special tax information exchange between China and the United States, China's tax authority investigated a case of a company evading corporate income tax by fabricating overseas equity transactions and falsely reporting equity investment losses. The tax authorities have recovered more than 10 million yuan of corporate income tax that the enterprise evaded, and imposed a fine of 0.5 times the amount of underpaid tax on the enterprise. In recent years, the act of evading taxes through overseas asset allocation has not only received attention from international tax management cooperation, but also been a focus of inspection by China's tax authorities. This article combines a tax bureau disclosure case to share the current situation of tax information exchange practices between China and the United States, and combines the dynamic of tax inspections on high net worth individuals in China's taxation sy1775ViewsNov. 4, 2024, 4:15 p.m. -
How can tax-related criminal risks be effectively prevented and controlled under the system of convergence between execution and punishment?
The Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese Modernisation, adopted at the Third Plenary Session of the Twentieth Central Committee of the CPC, stresses the need to improve the system of two-way convergence between administrative and criminal penalties. The system of two-way convergence of administrative and criminal penalties (hereinafter referred to as "convergence of execution and punishment") includes both forward and reverse convergence. The linkage between administrative and criminal penalties is particularly important in the tax-related field. Crimes against tax collection and management are typical administrative offences, which require administrative qualification before discussing criminal offences and misdemeanours. Therefore, it is of great significance to fight for a favourable characterisation in administrative procedures such as tax audit to prevent the risk of criminal liability. In this paper, from the analysis of the connotation of the system of linkage between the execution and punishment, we analyse the significance of administrative risk prevention and control of taxation in the prevention of criminal risk for the reference of the readers.1433ViewsOct. 28, 2024, 1:08 p.m. -
Where is the boundary of legal affiliation or illegal false invoicing for individuals borrowing the name of a business to conduct business?
Recently, Hubei Provincial Tax Bureau issued a penalty announcement, the basic case of the announcement of the case is that Zhang Mou sold a batch of leather to enterprise A. However, because Zhang Mou did not apply for tax registration, he could not issue invoices, therefore, Zhang Mou negotiated with the legal representative of enterprise A, so that Zhang Mou entrusted his friend's enterprises B and C to issue VAT invoices to enterprise A. During the period from January 2020 to August 2023, the Enterprise A accepted a total of 235 invoices from B and C, with a total price and tax of more than 25.23 million yuan and a tax amount of more than 2.9 million yuan, all of which were deducted by Enterprise A after receiving the invoices. All of the above 235 invoices were recognized as false invoices by the competent tax authorities of enterprises B and C. Enterprise A, as the recipient of the invoices, was recognized as tax evasion, and was required to make up for the underpayment of tax totaling more than RMB 3,040,000, and was imposed a penalty of 50% of the underpayment of tax, which amounted to more than RMB 4,560,000 in total.1199ViewsOct. 23, 2024, 5:08 p.m. -
How does tax forensic appraisal appraise tax losses in false billing cases according to the judicial interpretations?
Tax forensics, which sounds like the "Sherlock Holmes" of the tax world, is actually a rigorous and specialized field. It involves tax experts examining, identifying and judging tax issues in court proceedings and providing authoritative appraisal opinions. An objective, fair and scientific judicial appraisal report is like a key to solving tax disputes, which is very important for safeguarding the fairness and justice of criminal law, tax law and the legitimate rights and interests of the parties concerned.1149ViewsOct. 22, 2024, 1:37 p.m.