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The National Association for the Promotion of the Joint Crackdown on Tax-related Violations and Crimes will deploy six key areas of crackdown in 2024
On February 27, 2024, the State Administration of Taxation, the Ministry of Public Security, the Supreme People's Court, the Supreme People's Procuratorate, the People's Bank of China, the General Administration of Customs, the State Administration for Market Regulation, and the State Administration of Foreign Exchange held a meeting in Beijing to jointly combat tax-related crimes and crimes by eight departments across the country, summarizing the results of the joint crackdown on tax-related crimes in 2023 and studying and deploying key tasks in 2024。 This article interprets the conference in combination with relevant news, judges the main trends of tax-related supervision in the future, reveals the tax-related risks faced by key enterprises and industries, and puts forward compliance suggestions to prevent tax risks.March 1, 2024, 10:53 a.m.
1633Views
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Seven Tax Risks Brought by the Amendment to the Company Law for High Net Worth Shareholders (Part II)
"Seven Tax Risks Brought by the Amendment to the Company Law for High Net Worth Shareholders (Part I)" elaborated on the main tax risks that high net worth individuals may face in the process of capital reduction, cancellation, non-monetary asset contribution, and equity transfer under the background of the Company Law revision. This article continues the main points of the previous part, systematically analyzing the tax risks that dissenting repurchase of shares, horizontal legal personality denial, nominee holding of shares restoration, and simplified cancellation system may bring to high net worth shareholders, for the benefit of the readers.March 1, 2024, 10:45 a.m.
2121Views
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Analysis of the actual case: in order to enjoy the local financial rebate and the establishment of additional purchase and sale link does not constitute the crime of false opening
Prior to the implementation of the "two-invoice system", it was common for pharmaceutical companies to increase the number of trading links in the purchase and sale chain in order to increase the price of medicines and obtain sales rebates. In addition to pharmaceutical enterprises, many trading enterprises also take the first sale of goods to enterprises enjoying local policies, and then the enterprise's external sales in order to increase the performance of affiliated enterprises or enjoy financial rebates. In practice, many case-handling authorities on these intermediate increase in the purchase and sale of links hold a negative attitude, that may constitute false opening. In view of this, the author combined with a pharmaceutical enterprise to increase the purchase and sale of links accused of false opening of the acquitted case, the authenticity of the business, the return of funds and the determination of tax losses to be analyzed for the benefit of the readers.Feb. 26, 2024, 11:01 a.m.
1922Views
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The Seven Major Tax Risks Brought to High Net Worth Shareholders by the Revision of the Company Law (Part One)
On December 29, 2023, the Company Law underwent its sixth revision and is set to be officially implemented on July 1, 2024. Compared to the current regulations, the new Company Law mainly adjusts aspects such as corporate capital system, corporate organizational structure, distribution of rights and obligations among shareholders, and the establishment and exit mechanism of companies, while also clarifying the relevant responsibilities of shareholders. Against this backdrop, an increasing number of high net worth shareholders are choosing to proactively plan for capital reduction, transfer of equity to external parties, and company deregistration to cope with the potential legal liabilities that may arise after the new Company Law comes into effect. However, these actions entail considerable tax risks. Improper planning and insufficient attention to tax issues can easily lead to tax crises for shareholders. This article aims to analyze the tax risks that high net worth shareholders may face in behaviors such as capital reduction and deregistration, share transfer, non-monetary asset contribution, etc., under the backdrop of the new Company Law, in order to provide useful insights for investors.Feb. 21, 2024, 5:19 p.m.
2645Views
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Tariff Law Proposes to Delete Preliminary Provisions on Tax Clearance, Administrative Reconsideration to Play the Role of Main Channel for Dispute Resolution
On October 20, 2023, the Draft Tariff Law was submitted to the Sixth Session of the Standing Committee of the Fourteenth National People's Congress (NPC) for deliberation, and was made available to the public for comments on December 29, 2023, and the deadline for comments has now ended, and it is expected that it will be reviewed for the second time this year. Among the concerns, Article 65 of the Draft Customs Tariff Law removes the provision on tax clearance in tax collection matters, and only requires the implementation of the "reconsideration first, followed by litigation" order of relief. This change goes further than the 2015 Draft Revision of the Tax Collection and Administration Law (Draft for Public Comments). In view of this, this article analyzes the changes in Article 65 of the Draft Customs Tariff Law as a starting point, interprets its possible impact on the Tax Collection and Administration Law, and combines it with the highlights of the revision of the new Administrative Reconsideration Law, predicting that the number of tax administrative reconsideration cases may increase steeply in 2024, and that it may play a more substantial role in resolving disputes.Feb. 20, 2024, 3:52 p.m.
1536Views
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From the listed company's tax reimbursement of 180,000 late fees of more than 30 million to see not to reimbursement of taxes but additional late fees of four kinds of circumstances
Recently, a listed company released an announcement that the company received a Tax Treatment Decision Letter issued by the Inspection Bureau in 2020, which required the company to make up for the late payment of taxes totaling 35.14 million yuan, of which only 180,000 yuan was involved in taxes. The company received regulatory attention from the SSE for failing to fulfill its information disclosure obligations in a timely manner. This paper intends to further point out and analyze four situations that may result in only adding late fees without paying back taxes, in light of the company's payment of back taxes and late fees.Feb. 20, 2024, 3:41 p.m.
2221Views
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Case analysis: four types of risks of failure to issue invoices according to the specified time
Under the tax administration mode of "controlling tax by invoice", VAT special invoice is of great significance to the market transaction subjects: for the payer, the invoice is the legal certificate for VAT input deduction and the pre-tax deduction certificate for enterprise income tax; for the payee, the invoice is one of the bases for declaring income and calculating output tax amount. For the recipient, issuing invoices is one of the bases for declaring income and calculating sales tax, and the behavior of not issuing invoices in time and in full undermines the national invoice management order, and has the risk of hiding income and tax evasion. This article analyzes the four common risks of not issuing invoices according to the specified time limit in practice in the form of cases for readers' reference.Feb. 19, 2024, 5:05 p.m.
1645Views
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2024 National Tax Work Conference Deploys New Year's Work, Corporate Tax Compliance Should Emphasize These Five Aspects
On January 24-25, the National Tax Work Conference was held in Beijing, which summarized the tax work in 2023 and deployed key work tasks in 2024. In 2023, the tax department has achieved many regulatory reform results, such as the Supreme Court, the General Administration of Municipal Supervision to join the eight departments of the normalization of the work mechanism to combat false and fraudulent tax; the construction of intelligent tax, tax big data applications continue to be promoted and so on. At the same time, the meeting made specific requirements for the tax department in 2024, of which the second part "standing on the overall situation and seeking development, unswervingly playing and expanding and improving the functional role of the tax department" focuses on the direction of the reform and requirements for the tax supervision. This paper analyzes and reveals the changes and challenges of tax-related risks in key industries and fields in 2024, taking into account the trend of tax supervision reform and practice observation in recent years.Feb. 4, 2024, 11:54 a.m.
2075Views
