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Can high-net-worth shareholders be temporarily exempted from paying personal income tax in mergers and acquisitions?
Aug. 29, 2024, 4:42 p.m.
1344Views
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How can enterprises cope with the tax-related risks when they are required to return the financial incentives and file a criminal case for false opening?
Aug. 29, 2024, 3:33 p.m.
1394Views
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Multi-departmental crackdown on financial counterfeiting, deriving six major tax risks of concern!
Recently, the frequent occurrence of financial counterfeiting cases has attracted great attention from the relevant authorities, with the Supreme Court, the Supreme Prosecutor and many other departments striving to crack down on financial counterfeiting, and the regulation continues to tighten. Usually, financial counterfeiting boosts corporate profits, thus contributing to more tax revenue, so the tax bureau generally does not intervene. However, financial counterfeiting is inevitably accompanied by false invoicing, inflated costs and other circumstances, under the surface of the false prosperity of the enterprise still lurks a great tax risk. This paper analyzes the tax risks behind financial counterfeiting by combining recent cases and regulatory trends of relevant departments for the benefit of readers.Aug. 29, 2024, 2:39 p.m.
6126Views
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Must a taxpayer lose the right to administrative review if he or she pays the tax beyond the deadline specified in the tax instrument?
Paragraph 2 of Article 33 of the Rules for Administrative Review of Taxation stipulates that a taxpayer shall pay the tax within the period prescribed by the tax authorities or provide tax guarantee before applying for administrative review within 60 days. In practice, some tax authorities will not accept the taxpayer's application for reconsideration on the ground that the taxpayer pays the tax late. So the taxpayer late payment of taxes, whether it is inevitable to lose the right to administrative reconsideration? This article combines a brief analysis of the case.Aug. 28, 2024, 3:35 p.m.
1151Views
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How Can Epidemic Prevention Material Procurement Units Properly Cope with Tax Audits?
In the previous issue, we analyzed the overall situation of the epidemic prevention material supply chain and the tax risks faced by various entities in the chain. Among them, epidemic prevention material procurement units face legal risks of tax adjustments and tax evasion due to the upstream enterprises being characterized as falsely issuing special VAT invoices. In practice, there are many cases where the invoice recipient is implicated due to problems with the issuer. If the tax audit cannot be effectively dealt with, it will not only bear huge economic losses, but also face intangible losses such as a downgrade of tax credit and damage to reputation. This article intends to provide suggestions for procurement units to deal with tax audits.Aug. 23, 2024, 5:23 p.m.
1011Views
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Natural person invoicing tax cases are frequent, both the invoicing party and the invoiced party need to be careful
Since this year, tax cases related to invoicing by natural persons have occurred frequently, involving both enterprises of the invoiced party and natural persons of the invoicing party. For the invoicing party, the invoicing party should pay VAT and income tax according to the law, otherwise, it will face the risk of tax evasion or even tax evasion; for the invoiced enterprise which accepts the natural person to provide services, whether it can obtain the invoice issued on behalf of the invoicing party or whether the invoices are legally compliant, etc., will have different impacts on the invoicing party. This article will analyse and sort out the risks faced by the invoicing party and the invoiced party under different circumstances, so as to help enterprises improve tax compliance and safeguard their legitimate rights and interests.Aug. 22, 2024, 11:40 a.m.
1072Views
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The Latest Case Activates the “Sleeping Clause” of the Crime of Defrauding Export Tax Refunds, These Amounts are not Counted
Article 204(2) of the Criminal Law stipulates that the crime of tax evasion is to be dealt with when a person fraudulently obtains the tax he or she has paid. There is a big controversy in the field of practice about what is meant by “taxes paid”, which leads to a huge difference in the understanding between the case-handling authorities and the persons involved in the case when calculating the amount of money involved in the case as well as determining the offense in some of the cases and makes it difficult to stop the dispute. Recently, I observed that Ningbo Procuratorate issued a typical case of fraudulent export tax rebate, in which the procuratorate explicitly applied Article 204(2) of the Criminal Law and pointed out that “the tax paid in the case should be deducted from the amount of the crime of fraudulent export tax rebate”. This case has certain practical significance in defining “paid tax”, but undeniably there are still many problems that need to be further clarified. This article will take the case as an entry point to analyze and elaborate the author's viewpoints in depth for the benefit of the readers.Aug. 12, 2024, 10:20 a.m.
1165Views
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Continuous elimination of unauthorized tax incentives and fiscal refunds, how should enterprises respond?
Editor's Note: Since the beginning of this year, multiple departments such as the Audit Bureau and the National Tax Bureau have clearly requested strict investigation of irregular tax incentives and fiscal refund policies issued by various regions. In response, regions such as Jiangxi, Zhejiang, Shanxi, and Tianjin have launched a series of documents in response to central guidance, and the cleanup work for local tax incentives and fiscal refund policies is in full swing, which has had a significant impact on relevant private enterprises. Based on this, This article will systemically interpret the legal responsibilities of illegal tax incentives and fiscal refunds, further analyze the adverse impacts on relevant enterprises, and propose response recommendations, combined with relevant documents issued by various departments in recent months.July 30, 2024, 11:12 a.m.
2576Views
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Facing the Frequent Tax Risks Associated with Individuals Issuing Invoices on a Commission Basis, How can the Recipient Strengthen Tax Compliance?
According to recently disclosed documents of the Courts, there have been numerous cases across various regions involving individuals who falsely issued VAT invoices on a commission basis. The highest amount involved in these cases reached 3.7 billion yuan, involving 8,437 invoices and affecting over 3,000 recipients. Industries such as construction engineering widely employ the business model of individuals issuing invoices on a commission basis. Due to issues of issuance limits, some companies have engaged in fake invoice issuance through individual on a commission basis. Under the regulatory stance of jointly combating tax-related crimes by eight departments, not only do the issuing individuals face administrative and criminal liabilities, but downstream recipients may also encounter multiple tax risks. This article reviews recent related cases, analyzes the administrative and criminal liabilities that might be triggered by obtaining invoices issued by individual agents, and provides suggestions for the tax compliance construction of recipients and risk response strategies when issuers are determined to have issued fake invoices.July 23, 2024, 2:43 p.m.
1373Views
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Analyzing the three types of business and six types of risks of flexible employment platform, and explaining the key points of platform tax risk isolation
Flexible employment platforms play an important role in promoting employment and protecting people's livelihood. However, the special features of flexible employment platforms' business model and tax policies make the platforms' tax-related risks quite high, and the tax authorities have become more and more stringent in scrutinizing the authenticity of flexible employment services. Under the upgrading of technical means and the tightening of supervision, false invoicing by flexible employment platforms will surely lead to tax risks. However, even if the business is real, the tax authorities may deny the authenticity of the business if the evidence is not properly retained. Against this background, how should flexible employment platforms adhere to the authenticity of their business and cope with the strong regulation of the industry? In this article, we will take this as a clue to understand the tax-related status quo of the flexible labor industry and the solutions to deal with it.July 23, 2024, 2:26 p.m.
2582Views
