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A company in Fujian tea export tax fraud 26 million, why agricultural products are repeatedly involved in fraudulent export tax rebates?
Feb. 4, 2024, 11:43 a.m.
2022Views
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Tax Lawyer Explained: New Implementing Rules of Invoice Management Measures Released, Five Major Revisions Worth Noting
Jan. 31, 2024, 4:55 p.m.
2382Views
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The 2024 Annual Work Conferences of Procuratorates and Courts deployed to deepen the reform of compliance of enterprises involved in cases, and the road to compliance in tax-related cases should be ta
On January 14, 2024, the National Conference of Chief Procurator was held in Beijing, which comprehensively summarized the procuratorial work in 2023 and deployed the main tasks for 2024. The meeting emphasized that in the new year, the procuratorial work should focus on the construction of a law-based business environment, adhere to the equal protection of all types of business entities in accordance with the law, deepen the reform of compliance of enterprises involved in cases, and deploy and carry out the special action of "Procuratorate Protects Enterprises".Jan. 22, 2024, 10:18 a.m.
2445Views
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The State Council and the State Administration of Taxation 2024 first joint press conference disclosed four important information on the work of combating tax-related crime
On January 18, 2024, the Information Office of the State Council held a press conference on high-quality development of tax services in Beijing. Rao Lixin, deputy director of the State Administration of Taxation (SAT), and leaders of relevant departments attended. At the conference, the SAT disclosed the overall results of its work on combating tax-related violations in FY2023, and for the first time made public the regularized mechanism of eight departments across the country for combating tax-related crimes. The author analyzes and reveals the changes and challenges of tax-related risks in key industry sectors in 2024 by combining the four important information on the work of combating tax-related crimes in FY2023 disclosed at the conference.Jan. 20, 2024, 10:09 a.m.
2188Views
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2024 National Audit Work Conference: strictly audit the “tax depression” and “illegal tax rebates” chaos in investment attracting
On January 11, 2024, National Audit Work Conference was held in Beijing, summarizing the audit work in 2023, then researching and deploying the key audit work in 2024. The conference required all levels of audit departments across the country to do a hard job in 6 aspects in 2024. Among the conference, it was firstly proposed that "(audit departments) need deeply revealed that some local governments, in the process of attracting investment, illegally introduced mini-policies, created tax depression and other problems; need seriously audit and deal with illegal tax rebates chaos.” As the main policy grasp of attracting investment, fiscal rewards and tax rebates have faced challenges in terms of rationality and legality in recent years. Some industries and new business models that rely heavily on fiscal rewards and tax rebates policies will be greatly affected. This article combines with the cases of illegal tax rebates disclosed by the audit and tax departments, revealing the tax risks in industries such as renewable resources, online freight transportation platform, online flexible employment platform, and investment attracting park.Jan. 17, 2024, 8:43 p.m.
3103Views
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Foreign exchange clues led to a huge tax fraud case, the seven ministries and commissions should do a good job of tax refund compliance in the context of the normalization of the crackdown on tax frau
Recently, the Supreme Prosecutor and the State Administration of Foreign Exchange (SAFE) jointly released typical cases of punishing crimes involving foreign exchange. Among them, two cases were related to cheating export tax rebates through illegal trading of foreign exchange. In practice, the case-handling authorities in the fight against underground money changers in foreign exchange transactions found tax fraud clues, and then realize the whole chain to combat crime. Illegal trading of foreign exchange as a key link in the fraudulent export tax rebates for the domestic and foreign capital cycle provides support, disrupting the economic order, but does not necessarily deduce that the provision of foreign exchange to help constitute the crime of tax fraud. In view of this, this paper analyzes why the foreign exchange information abnormality has become the trigger for the outbreak of tax fraud cases from the two tax fraud cases announced, and puts forward the key points of defense for the readers' reference.Jan. 3, 2024, 5:35 p.m.
1844Views
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How to recognize the original value of equity when a natural person acquires equity through different ways?
Recently, a proposed listed company was questioned by the Shenzhen Stock Exchange (SZSE) due to the non-payment of individual income tax on the transfer of equity by its executives.2021 On April 29, 2012, the article "Tax Risk Oriented, Precise Implementation of Tax Supervision" made it clear that it is necessary to focus on the investigation of the tax-related violations in the field of transfer of equity by high-income earners. Since then, improper recognition of income and cost by natural persons in the process of equity transfer is very likely to cause tax risks. This article intends to combine a case to clarify how to recognize the original value of equity acquired by natural person shareholders through capital increase, assignment and capitalization.Dec. 27, 2023, 5:33 p.m.
3216Views
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Case Analysis: Should the tax paid be refunded after the taxable act has been revoked?
Article 51 of the Tax Administration Law stipulates that taxes paid by taxpayers in excess of the taxable amount shall be refunded immediately upon discovery by the tax authorities, and the Interpretation of the Tax Administration Law summarizes the circumstances of this article as "various reasons, such as incorrect understanding of the tax law, calculation error, wrong application of the tax rate, increase of the tax amount, or improper financial and technical processing". That is to say, the Tax Administration Law and its interpretation only provides for the refund of "tax paid by the taxpayer in excess of the taxable amount", which only covers the situation of overpayment of tax caused by the lack of legal basis from the beginning, and does not provide for the refund of overpayment of tax arising from the revocation of taxable acts and other circumstances. In practice, there are many disputes on whether the paid tax should be refunded after the taxable act is revoked. In this paper, the author will cite two cases to analyze the refund of paid tax after the taxable act is revoked for readers' reference.Dec. 25, 2023, 8:59 p.m.
2716Views
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The false acceptance of live platform invoices and foreign false openings were investigated, inventory of tax-related risks in the live broadcasting industry
In July this year, Fuzhou Municipal Tax Bureau served a Decision on Tax Treatment by way of announcement. The tax authorities determined that the company involved in the case obtained invoices from a company in Beijing to inflate the cost, and then violently invoiced to the outside world within a short period of time, and characterized the invoices issued by the company involved in the case as false invoicing. With the development of the Internet, the network live broadcasting industry has emerged, but some live broadcasting platforms, network anchors, MCN organizations and other subjects have not paid sufficient attention to tax compliance in the operation and development, resulting in a surge of tax-related risks. In view of this, this article takes the case as a starting point to analyze the tax-related risks of all parties in the live broadcast industry and puts forward tax compliance suggestions for readers' reference.Dec. 25, 2023, 9:27 a.m.
2362Views
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Four cases to analyze the tax risk of shareholders' long-term non-payment of loans from companies
On July 11, 2003, the Ministry of Finance and the State Administration of Taxation (SAT) issued the Circular of the Ministry of Finance and the State Administration of Taxation on Regulating the Administration of Individual Investor's Individual Income Tax Collection (Cai Shui [2003] No. 158), which treats the "long-term non-reimbursement of individual shareholders' loans" as a distribution of dividends and bonuses, and collects individual income tax. Although the document has been in force for more than 20 years, there are still big controversies in the implementation, especially in the scope of the borrower, the judgment of the time of occurrence of the tax obligation, the connection with the system of "no profit, no distribution" of the Company Law, and the question of whether to levy tax or refund the tax for the repayment of the borrowed money across the years, etc., the tax authorities around the world have different understandings. This article is intended to analyze the disputes in the application of Circular 158 in the light of four cases and make suggestions for taxpayers to cope with the relevant risks.Dec. 21, 2023, 3:36 p.m.
2019Views
