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Supreme Court Jurisprudence: Taxes and fees not related to change of ownership in judicial auctions need not be borne by the buyer!
2184Views
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Interpreting the law by case: practical points for interpreting judicial review of normative documents
2175Views
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Cessation of execution of non-monetary asset investment agreements and unjustified non-refund of overpaid taxes
China's personal tax policy on investment in non-monetary assets has gone through an evolutionary process from "no levy" to "one-time payment" to "payment by installments", and the focus of the policy has also changed from "lack of taxable cash" to "preventing national tax loss" to "guiding private investment". The focus of the policy has also transitioned from "lack of personal taxable cash" to "preventing national tax loss" to "guiding private investment". As the economic activities of individual investors investing in equity, real estate, technical inventions and other forms of non-monetary assets become more and more widespread, coupled with the long process of fulfilling the investment agreement, there are numerous tax disputes on the point of time and standard for recognizing the transfer income. Especially under the current non-monetary assets investment tax policy, individual investors face three major tax risks that need to be prevented.2550Views
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A major upgrade of the natural person tax supervision system, three groups of personal tax compliance should not be delayed
According to the Opinions on Further Deepening the Reform of Tax Collection and Administration issued by the Central Office and the State Office, it is the goal of China's tax supervision development and reform to realize the change from "tax management by votes" to "tax management by numbers" classification and precise supervision. It is necessary to comprehensively improve the way of tax payment and optimize the personal tax service. The Five-Year Work Program for Deepening the Reform of the National Tax System (2018-2022) (Taxation General Fa [2018] No. 199) also proposes to improve the tax supervision system for natural persons. Recently, many tax authorities have started to upgrade the tax control system for natural persons, and in the context of the imminent completion of "Golden Tax Phase IV", this article briefly analyzes how natural persons can do a good job of tax compliance and avoid tax risks for readers' reference.2519Views
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Can the court and the tax office withhold the refundable tax amount when the export tax refund account has been pledged?
Export tax rebate is an important aspect of optimizing the management of foreign trade. With the promotion of information sharing system and mechanism among tax, banking, customs and foreign exchange management departments as well as the establishment of tax big data, the tax department has become more powerful in supervising the trade behavior of export tax rebate. However, as some export enterprises have short-term financial difficulties and pledge their export tax refund account trusteeship for loans, can the court seize the special account and withhold tax refunds to enforce the relevant judgment when the enterprise has economic disputes with other subjects? When the enterprise owes tax due to economic activities, what is the priority of the bank's right to be compensated and the priority of the tax in the first place? These issues need to be clarified in order to balance the interests of all stakeholders.2815Views
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Foreign Trade Threshold Relaxation Helps SMEs, Tax Refund Compliance Becomes an Industry Imperative
In recent years, China's export trade volume continues to grow, with the annual export of goods reaching as high as 23.97 trillion yuan in 2022, an increase of 10.5%; export tax refunds totaling 186.78 billion yuan were handled throughout the year. However, prior to this year, engaging in foreign trade was subject to the filing of foreign trade operators, so some small and medium-sized enterprises (SMEs) and individual households were unable to carry out export business. To encourage the development of the foreign trade industry, the Standing Committee of the National People's Congress (NPC) abolished this filing at the end of 2022, further relaxing the threshold for participation in foreign trade. In addition, the State Administration of Taxation (SAT) issued several announcements during 2022 to continuously accelerate export tax refunds. The potential risk of fraudulent export tax refunds is a cause for concern as a result of the two factors, namely the number of market participants becoming larger and the relaxation of tax refund audits. In addition, due to the complexity of export business and tax refund, the business of entrusting agents to export and handling tax refund has a good prospect, which expands a broad market for the foreign trade comprehensive service platform (hereinafter referred to as "foreign comprehensive service"). In view of this, this article introduces the compliance points and tax incentives for MSMEs to carry out foreign trade exports in light of the current regulations, and at the same time, explains how to prevent the risk of tax rebates for foreign comprehensive service platforms.2372Views
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Spiritual work platform: a few happy and a few sad, tax compliance has become the lifeline of spiritual industry business
Shunmou Office Information Service Co., Ltd. as a listed company to carry out flexible labor platform business, June 5, 2023, the Shenzhen Stock Exchange issued a notice that because of its 2022 annual net profit of -116,276,500 yuan, the financial accounting report was issued a qualified audit report, etc., in line with the circumstances of the delisting, began to delisting delisting. The reason for this is that, under the name of Shun Mou Office to carry out flexible labor business of six wholly-owned grandson companies there are tax-related issues, and ultimately formed a chain reaction, the tax issue has become the road ahead of the "stumbling block". In contrast, Tianjin "a certain account" in 2022 to achieve nearly 100 billion revenue, the development momentum is strong. It can be said that a few people are happy and a few people are sad. In view of this, this article will analyze the business model of the tax risk of flexible labor platforms from the perspective of the tax problems of Shunmou Office, reveal the common tax risk points, and put forward tax compliance suggestions for the sustainable development of flexible labor platforms in the future for readers' reference.3489Views
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345 Million ETC Invoice Fraud Case Solved, Tax Risks Reach Hundreds of Enterprises Nationwide
For transportation and logistics enterprises, invoices for road, bridge and gate tolls are important VAT input credits and cost deductions. However, for individual drivers who undertake and carry out transportation business all over the country, they don't need input invoices. As a result, the phenomena of "missing invoices for transportation fees" and "surplus invoices for road tolls" have appeared at the same time in the actual carrier side of the road transportation industry, which has become an emerging feature of false invoicing in the road transportation industry. In this way, the phenomenon of "missing transportation fee invoice" and "surplus road toll invoice" appears at the same time in the actual carrier side of the road transportation industry, which becomes the emerging feature of false invoicing in the road transportation industry. This paper analyzes this phenomenon in tax law through the latest cases in practice for the reference of enterprises.2329Views
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The use of the border market to smuggle and fraudulently obtain export tax refunds of 17.7 million dollars! How can border exporters enhance compliance?
Border People's Mutual Market Trade refers to the exchange of commodities in the border areas, at open points or designated bazaars approved by the government, where border people can exchange commodities within the scope of not exceeding the specified amount or quantity. In order to promote the economic development of border trade ports, China has formulated a policy of tax exemption for border people's mutual trade, and exempted the commodities that meet a certain amount and quantity from taxes and fees in the importing process. In recent years, some lawless elements have set their eyes on the tax exemption policy of Border Mutual Trade, and have been repeatedly committing crimes through the circular export means of export tax rebate - smuggling and importing - export tax rebate again, forming a closed loop of false export and import, and cheating export tax rebate, which has resulted in the loss of national tax money. The loss of national tax. In view of this, this paper will start from the practical case of a company's fraudulent export tax rebate through the circular export of the tax exemption policy of the Border and People's Mutual Markets, combing the tax exemption policy of the Border and People's Mutual Markets in detail, combining with the recent trend of the state's strict investigation into the use of the "circular export" and other means of fraudulent export tax rebates, and providing suggestions for the tax compliance of the export enterprises.2271Views
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2020 crackdown on drug companies and CSOs collusion cash, the determination of "false opening" should be concerned about several issues
the marketing means of "gold" sales is a common practice of many pharmaceutical companies, but with the deepening of the band purchasing, two-invoice system and other institutional reforms, the pharmaceutical industry compliance requirements are becoming higher and higher, and the management of commercial bribery is becoming more and more stringent, through the CSO cash way of commercial bribery, illegal marketing has become the focus of the finance and taxation department to regulate. The focus of supervision of the department. This article combines the background and mode of investigation and prosecution of CSO consulting service companies by tax/judicial authorities in various regions, and discusses the issues that should be concerned about the investigation and prosecution of the suspected crime of false opening.3399Views