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Qinghai Shanghai and other places of the platform economy frequent mine, tax enterprise service platform how to isolate the false open criminal liability
The epidemic has promoted the development of the digital economy, and new types of business such as Internet taxation, flexible labor, network freight, cloud crowdsourcing, etc. are rapidly developing on the wind of favorable national policies. However, capital disordered expansion buried hidden dangers, digital economy, platform economy compliance still has a fairly long way to go, especially tax compliance should be paid attention to. And in this process from disorder to standardization, some unscrupulous elements use the digital economy, platform economy coat to engage in illegal and criminal behavior and the whole industry has a negative impact, and some platforms in the operation process of non-compliance behavior is also gradually exposed. This article will analyze the prevention and resolution of tax risks under the digital economy and platform economy by taking recent cases as an entry point for the readers.2635Views
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The invoice obtained by illegal "planning" is considered to be false invoicing, how should the enterprise respond to the lack of inputs?
Because most of the cases of false VAT invoices are accompanied by the phenomenon of fund return, the tax authorities pay special attention to the flow of funds when dealing with this type of cases, but does it necessarily belong to false invoicing as long as there is the apparent behavior of fund return? If it is really difficult for enterprises to obtain input invoices, how should they respond? In the situation of the tax authorities to crack down on the case of false invoicing, how should enterprises carry out risk prevention?2756Views
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VAT levied or not levied on a company's investment in an intangible asset at value
VAT levied or not levied on a company's investment in an intangible asset at value4757Views
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Case Analysis of the Four Major Tax-related Criminal Risks and Defense Strategies of Export Tax Refunds for Foreign Trade Enterprises
There are various ways to cheat export tax rebates, but it is difficult to disguise and change the nature of tax cheating, and once the amount of cheating export tax rebates reaches the legal prosecution standard, which is in line with the criminal composition stipulated in Article 204 of the Criminal Law, criminal liability will be investigated in accordance with the crime of cheating export tax rebates. At the same time, in order to achieve the purpose of cheating the state tax rebate, the tax fraud case may also involve the situation of forging the flow of funds and invoices, and thus may be suspected of the crime of false VAT invoices and other crimes. Therefore, the tax-related risks faced in the case of fraudulent export tax rebates are extremely high, and taxpayers should familiarize themselves with the potential risks common to the export tax rebate business and adopt effective defense strategies to safeguard their legitimate rights and interests.3745Views
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Public Prosecution charged the company with tax evasion of more than 30 million dollars, the court ruled not guilty
Article 201 of the Criminal Law of China provides for the provision of the reasons for tax evasion, i.e., after the tax authorities have issued the notice of recovery according to the law, the person shall not be held criminally liable for making up for the tax due, paying the late payment penalty, and has already been subject to the administrative penalty. However, in judicial practice, how to apply the tax evasion blocking provisions for individual cases is still controversial, this paper intends to analyze the application of the tax evasion blocking provisions through a typical case.2900Views
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Heavy tax burden and low profit in the steel industry, the industry is facing many tax problems in its operation
In recent years, the heavy tax burden in the manufacturing industry has become a common problem faced by many enterprises, and the iron and steel industry, as an important basic industry of the national economy, is also similarly faced with a high tax burden pressure. Since April 1, 2019, the central government has opened a tax reduction initiative, and the value-added tax of the manufacturing industry has been reduced from 16% to 13%. So what is the current tax burden situation of China's steel industry? What tax-related problems do steel enterprises face in the development process? This article will analyze these issues. In recent years, the international political and economic situation is complex and severe, and the downward pressure on the domestic economy has increased. The country continues to implement a proactive fiscal policy and prudent monetary policy, maintaining the general tone of seeking progress while maintaining stability. Counter-cyclical regulation has been adopted, and a series of "stable growth" policies have been introduced and are being implemented with increasing vigour. The fundamentals of the long-term economic improvement has not changed; promote consumption, tax cuts and fee reductions, "make up for short boards" and other policy effects gradually appeared, is conducive to stimulate demand and reduce costs. Steel industry continues to promote in-depth structural reform of the supply side, vigorously energy saving and emission reduction, the operation of the overall stability, but also facing a significant decline in efficiency, tax pressure and environmental protection pressure to increase the difficulties.3053Views
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Three Major Defense Strategies for Energy Enterprises Changing Vouchers for Suspected False Opening - An Example of a Tax Evasion Crime
In recent years, the petrochemical enterprises to change the invoice suspected of false billing criminal cases continue to break out across the country, the judicial processing and refereeing results around the world are different, and the practical world is very controversial. The core of the dispute is whether changing the invoice name of "heavy oil", "crude oil", "residual oil" and other types of component oils to "fuel oil" and then using it to offset consumption tax constitutes a violation of the law. After the invoice name of "heavy oil", "crude oil", "residual oil" and other types of component oils was changed to "fuel oil", the act of using the invoice name for false offsetting of consumption tax constituted a tax evasion crime or a false VAT invoice crime. The core of solving this controversial issue is to clarify the essential difference between the crime of false invoicing and the crime of tax evasion. The author starts from a case of a petrochemical enterprise in Hainan Province that changed its invoices.3810Views
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12 cases of fraudulent invoices were sentenced to probation and detention for illegal purchase of VAT invoices
In practice, due to the difficulty in obtaining input invoices for bulk commodities, some enterprises chose to obtain VAT invoices by opening or purchasing on behalf of others in order to make up for the shortfall of inputs, and a large number of criminal cases broke out as a result. The author searched such tax-related cases and found that there were similarities in the business mode and behavior involved in such cases, but the final court judgment was "different judgments for the same case", in which most of the judgments were that it constituted the crime of falsely issuing VAT invoices, and some of the judgments were that it constituted the crime of illegally purchasing VAT invoices, while the crime of falsely issuing VAT invoices was that it constituted the crime of illegally purchasing VAT invoices. Most of the judgments are considered to constitute the crime of false invoicing of VAT, and some of them are considered to constitute the crime of illegal purchase of VAT invoices, while the maximum penalty for the crime of false invoicing of VAT is life imprisonment and the maximum penalty for the crime of illegal purchase of VAT invoices is five years' imprisonment, which is a big difference between the two. The author searches for the public cases, sorts out the views of the courts and combines them with the objective problems in practice, in order to give the enterprises certain reference suggestions for the benefit of the readers.2926Views