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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.
1627Views
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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.
2333Views
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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.
1719Views
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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.
2137Views
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Tax Lawyer Explained: New Implementing Rules of Invoice Management Measures Released, Five Major Revisions Worth Noting
On July 20, 2023, the State Council announced the newly revised Measures for the Administration of Invoices, and the Implementing Rules for the Measures for the Administration of Invoices, as a supporting regulation, was in urgent need of revision.On January 15, 2024, the State Administration of Taxation (SAT) announced the Decision on Revising the Implementing Rules for the Measures for the Administration of Invoices of the People's Republic of China (SAT Decree No. 56), which, in order to connect with the current laws and regulations In order to connect with the existing laws and regulations, it clarifies matters of concern to taxpayers, such as electronic invoice management, false invoicing, and the use of other vouchers in lieu of invoices. This article analyzes the provisions of the new Implementation Rules in order to clarify the rights and obligations of both parties, the invoicer and the third-party service organization, and better protect the legitimate rights and interests of taxpayers.Jan. 31, 2024, 4:55 p.m.
2471Views
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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.
2517Views
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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.
2254Views
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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.
3197Views
