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Can new business taxes and late fees be paid in priority to bankruptcy expenses and co-beneficial debts after the court accepts the bankruptcy?
Insolvency expenses and co-beneficial debts arise in the course of insolvency proceedings and are different from insolvency claims arising before the commencement of insolvency proceedings. In practice, tax authorities and insolvency administrators have different views on whether the new tax and its late payment belong to insolvency expenses and co-beneficial debts, and disputes arise frequently. This article takes a judicial case as a guide, combines the relevant provisions and spirit, analyzes the qualification of the claim of new tax and late payment after the bankruptcy acceptance, and aims to provide ideas for the resolution of this kind of dispute for readers' reference.1513Views
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Case: The Invoicee's Right to Deduction is Impaired, and Administrative Litigation is Filed Against the Competent Tax Authorities of the Invoicing Party
In practice, the invoices issued by the upstream enterprises are characterized as false invoices, and the tax authorities will generally send the Notice of Confirmed False Invoicing and related materials to the downstream tax authorities of the invoiced party enterprises, and the tax authorities of the invoiced party enterprises will use this as evidence to determine that the invoices obtained by the invoiced parties are false invoices, and the invoiced party enterprises may face the legal consequences of paying back taxes, late payment fees and fines as a result. This article starts from a case of administrative litigation filed by an invoiced enterprise against the tax processing decision made by the competent tax authority of the invoicing party, and briefly analyzes the remedial measures that can be taken by the invoiced enterprise under different circumstances.1506Views
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Special Tax Treatments Can I still get tax benefits if I have not filed?
Mergers and reorganizations help enterprises integrate resources, achieve rapid development and improve competitiveness, and are of great significance in promoting the transformation and upgrading of economic structure and realizing high-quality economic development. In terms of enterprise income tax policy, the Ministry of Finance and the State Administration of Taxation (SAT) have issued tax incentives for deferred tax on special tax treatment of mergers and reorganizations to reduce the tax burden of enterprises. However, in practice, due to the complexity of mergers and reorganizations, the special tax treatment procedure requirements are more detailed, some enterprises meet the entity elements of special tax treatment, but did not report the series of special tax treatment information to the tax authorities, in this case, whether the enterprise can still enjoy the special tax treatment deferred tax incentives, this paper intends to discuss with a case.1066Views
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Ordinary claims for late payment declared by the tax authorities in bankruptcy proceedings cannot exceed the principal amount of the tax payment
In recent years, the number of bankruptcy cases has continued to rise, and bankruptcy-related tax disputes have become more and more frequent. Whether the ordinary claims for late payment declared by the tax authorities can exceed the principal amount of tax is one of the focuses of the disputes. This involves the connection between the enterprise bankruptcy law and the tax administration law, and also concerns the coordination between the tax administration law and the administrative coercive law. This article takes the People's Court casebook a case included in as an entry point, analyzes the focal point in depth and draws conclusions, aiming to provide for the resolution of tax-related disputes in bankruptcyclear ideas and useful references .1283Views
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Employee stock ownership plans of listed companies are subject to retroactive tax, are stock ownership plans equal to equity incentives?
With the development and improvement of company law and securities law, employee stock ownership plan and equity incentives have become an important tool for employees of listed companies to hold shares. In terms of tax policy, the Ministry of Finance and the State Administration of Taxation (SAT) have followed the pace of the capital market and formulated a more complete policy on equity incentives for listed companies, however, no clear regulations have been issued in respect of the employee shareholding plan, which has led to the listed companies in the implementation of the employee shareholding plan being caught up in the "maze" of how to apply the tax policy and encountering the "reef" of inconsistent understanding of the enforcement of the law. This has led listed companies to fall into the "fog" of how to apply tax policies and encounter the "reef" of different understanding of law enforcement. This article is intended to analyze the differences between equity incentives and employee stock ownership plan from a tax dispute case of employee stock ownership plan for listed companies, and provide suggestions for the implementation of employee stock ownership plan to prevent tax risks.1625Views
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How to deal with the risk of enterprises falling into the supplementary tax due to the vague definition of the primary processing of agricultural products?
Primary processing of agricultural products is an important foundation for modern agriculture to strengthen the industrial chain, optimise the supply chain and enhance the value chain, and promoting the development of primary processing of agricultural products is of great significance to the development of the ‘three rural areas’. In terms of tax policy, the state stipulates that eligible agricultural products processing can enjoy enterprise income tax exemption policy, boosting the primary processing of agricultural products enterprises bigger and stronger. However, at the same time, due to the scope of agricultural products processing tax law is not clear, vague issues, triggering disputes between the two sides of the tax enterprises, agricultural products processing enterprises on the road to development of the roadblock. Recently, a local tax authority determined that the potato fries and potato flour produced and sold by the enterprise do not belong to the scope of tax-free primary processing of agricultural products, and it is proposed to require the enterprise to pay back taxes and late payment fees. This article is intended to start from the case, for the face of such problems in the primary processing of agricultural products enterprises to provide countermeasures.1457Views
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Late tax payments arising after the court accepts the bankruptcy petition should not be recognized as an insolvency claim
Under the situation of continuous adjustment of China's economic structure and increasingly fierce market competition, the business risks and financial pressures of enterprises are increasing, and the number of bankruptcy cases continues to rise. Tax disputes in bankruptcy procedures are becoming more and more prominent, the court accepted the bankruptcy application after the late payment of tax claims recognized as one of the controversial issues. This paper takes typical judicial cases as an entry point, and analyzes the relevant provisions in depth, aiming to provide clear ideas and useful references for solving the problem of determining the claims.1315Views
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Flexible labor tax risks explode at multiple places, the tax liabilities of ticketed companies need to be cut
Over the past three years, a number of tax-related cases in the field of flexible labor have been publicly exposed around the world, involving billions of dollars, and many head platforms in the industry have been frequently involved in the criminal vortex of false invoicing and tax evasion. I learned that recently, a province has more than ten flexible labor platform is suspected of false invoicing, the enterprises involved in the case are highly dependent on the financial return, and the characteristics of gangs are obvious. The case involves more than 8,000 invoiced enterprises, the amount of invoicing involved is up to tens of billions of dollars, and the case is currently under further investigation. Against the background of further cleanup of tax depressions and authorized collection modes, the flexible labor industry is in dire need of upgrading and rectifying its original business, and further exploring new profit growth points to grasp the balance between development and compliance. This article will summarize the original model and new business trends, point out the hidden tax risks, and make suggestions for the development of flexible labor platforms.2146Views