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Heavy: Second Review of VAT Law Released, Tax Lawyer Explains 24 Changes in Detail
Nov. 18, 2023, 11:32 p.m.
2401Views
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Frequent gold ticket to ticket cases around the world, a large number of non-ferrous metal enterprises, renewable resources enterprises are implicated
Nov. 18, 2023, 11:23 p.m.
3052Views
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SOHO China owes 1.9 billion yuan of land tax, housing and development enterprises will be liable for what legal responsibility for tax arrears?
Recently, SOHO China released its 2023 interim results announcement, disclosing that: as of the date of the announcement, its subsidiary, Beijing Wangjing Sohou Real Estate Company Limited, owed nearly $2 billion in land value-added tax (LVAT) and late fees, and may be at risk of fines and tax enforcement. For large real estate development enterprises, land value-added tax often occupies a very high proportion of the overall tax burden, is a tax cost that cannot be ignored, if not well in advance of the tax planning, resulting in unpaid land value-added tax, will face serious tax risks. This paper intends to analyze the tax-related risks and countermeasures of real estate development enterprises defaulting on land value-added tax in the context of SOHO China's tax arrears, and put forward suggestions to the majority of taxpayers to resolve tax arrears risks.Nov. 18, 2023, 11:22 p.m.
2252Views
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Why is the cost-sharing methodology used by housing companies in land tax clearance easily overturned by the IRS?
Land value-added tax (LVAT) settlement by housing enterprises requires the collection and allocation of costs and expenses according to certain settlement units or different real estate types. As the tax burden calculated under different apportionment methods may differ significantly, but in the absence of clear conditions and order of application of the cost apportionment methods at the national level, tax policies are scattered and different in different regions, which leads to confusion in understanding the relevant policies and tax-related operations of enterprises. This article is intended to analyze the dispute between tax enterprises on the application of cost-sharing methods in the context of a case.Nov. 18, 2023, 11:09 p.m.
3076Views
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Eight Key Points of the Revision of the New Administrative Review Law and the Impact on Tax Administrative Review
On September 1, 2023, the Fifth Session of the Standing Committee of the Fourteenth National People's Congress voted to adopt the newly amended Administrative Review Law (hereinafter referred to as the "new Administrative Review Law"), which will come into force on January 1, 2024. The amendment of the Administrative Review Law starts from clarifying the principles of administrative review, improves the procedures of application, acceptance, hearing and decision-making, and strengthens the supervisory system of administrative review, which will help to better utilize the role of administrative review in resolving administrative disputes. In the field of taxation, administrative reconsideration is also an important channel for solving tax administrative disputes, and the promulgation and implementation of the new Administrative Reconsideration Law will have an impact on the tax administrative reconsideration as the superior law of the Tax Administrative Reconsideration Rules. This article will interpret the key contents of the new Administrative Reconsideration Law and extend it to the field of tax administrative reconsideration to analyze the changes and application of the relevant provisions.Nov. 18, 2023, 11:02 p.m.
2392Views
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Non-ferrous metal billion yuan false opening case frequently exploded, tax-related risks implicating many industry enterprises
Non-ferrous metals is one of the pillar industries to promote the development of China's national economy, China is a large country with non-ferrous metal resources, and the scale of the industry ranks steadily in the forefront of the world. However, in recent years, frequent non-ferrous metal false invoicing cases, a single case involving tax amount even more than one billion yuan, resulting in a large loss of our tax money. At the same time, the non-ferrous metal industry has long been confined to the lack of input invoices, logistics and transportation costs of bulk commodities and other issues, the industry seeks to save itself at the same time, if you do not pay attention to the prevention of tax risks, it is extremely easy to incur administrative tax inspections, which in turn suffers from administrative penalties or even criminal penalties. In view of this, this paper will start from the main tax matters of the non-ferrous metal industry, analyze the tax-related risk points of the non-ferrous metal industry, and provide suggestions for enterprises to deal with the risk.Nov. 18, 2023, 10:47 p.m.
2730Views
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Why are goods exported for real still penalized? In-depth analysis of the three controversial issues of fraudulent export tax rebates
Fraudulent export tax rebate refers to the administrative offenses stipulated in Article 66 of the Tax Collection and Administration Law. Unlike the determination of tax fraud, which is subject to the constraints of modesty of criminal law, there is a hidden tendency to expand the determination of tax fraud due to the broad discretion of administrative authorities to determine the offense and the low standard of proof. According to the author's observation in practice, the common dispute lies in the fact that although the tax authorities do not have a preponderance of evidence to prove that the goods are falsely exported, they still qualify the tax fraud by the inconsistency of the filing documents, customs declaration and other documents. In view of this, this paper combines the filing of documents, customs declarations, tax fraud results in three issues to be studied in order to clarify the controversy over the elements of tax fraud for the general reader's reference.Nov. 18, 2023, 10:47 p.m.
3832Views
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How is the Benefit Principle correctly applied to land value-added tax (LVT) clearing cost attribution deductions?
In land value-added tax (LVAT) settlement, how costs are pooled and deducted has a bearing on the determination of value-added amount, which directly affects the level of tax liability of taxpayers. Cost deduction is divided into two methods: direct deduction and apportionment deduction, and apportionment deduction includes the method of land area, building area and other methods. What is the relationship between these deduction methods and the principle of benefit? Should the principle of benefit be taken into consideration when choosing deduction methods? On the basis of sorting out the relevant policies on cost pooling deduction methods, this article is going to analyze the application of the benefit principle in land value-added tax settlement, and accordingly explain the necessity of selecting cost pooling deduction methods according to the benefit principle.Nov. 18, 2023, 10:19 p.m.
2918Views
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Convicted of bribing doctors with fraudulent invoices, what can be done about tax compliance under the anti-corruption pressures?
For a long time, the pharmaceutical industry has raised the price of drugs due to potential corruption, which has given rise to a large number of false invoicing and tax evasion. For this reason, the state has repeatedly deepened the reform of the pharmaceutical system, the implementation of the "two vote system" "one vote system", in order to reduce the price of medicines, and to put an end to the bribery and corruption of medicine and other issues. Over the past few years, the state's multi-departmental joint rectification of unethical practices in the field of medicine has been normalized, and to a certain extent, it has cracked down on tax violations. But the phenomenon of bribing doctors by means of false invoicing and other means still exists. Recently, the relevant departments deployed to rectify the problem of corruption in the field of medicine, it can be seen that the pharmaceutical industry will be the state focus on regulating the industry. In view of this, this paper starts from a real case of bribing doctors through false invoicing, combines relevant policies, reveals the tax risk points of the pharmaceutical industry, and provides a tax compliance program for the pharmaceutical industry under the high pressure of anti-corruption.Nov. 16, 2023, 8:57 p.m.
1533Views
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Another Massive Tax Evasion Case Involving Celebrities and Online Streamers Emerges: What are the Tax Evasion Methods and Associated Risks in the Entertainment Industry?
Recently, several celebrities and online streamers have once again found themselves embroiled in the controversy of tax evasion. Many of them have been reported, fined, and some have even faced tax penalties for the second time. People's Daily commented, "Tax evasion is inexcusable, and ignoring the law will lead to dire consequences." Why does tax evasion occur frequently in the online entertainment industry? Why do some individuals still harbor illusions of luck? Where exactly do the tax risks lie in the online entertainment industry? This article will combine with the tax authorities' reports on tax evasion cases involving celebrities and streamers, summarize and analyze common tax evasion methods in the online entertainment industry, with the aim of providing suggestions for the path of tax compliance in the online entertainment industry and its practitioners.Nov. 16, 2023, 8:42 p.m.
1540Views
