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The false acceptance of live platform invoices and foreign false openings were investigated, inventory of tax-related risks in the live broadcasting industry
In July this year, Fuzhou Municipal Tax Bureau served a Decision on Tax Treatment by way of announcement. The tax authorities determined that the company involved in the case obtained invoices from a company in Beijing to inflate the cost, and then violently invoiced to the outside world within a short period of time, and characterized the invoices issued by the company involved in the case as false invoicing. With the development of the Internet, the network live broadcasting industry has emerged, but some live broadcasting platforms, network anchors, MCN organizations and other subjects have not paid sufficient attention to tax compliance in the operation and development, resulting in a surge of tax-related risks. In view of this, this article takes the case as a starting point to analyze the tax-related risks of all parties in the live broadcast industry and puts forward tax compliance suggestions for readers' reference.Dec. 25, 2023, 9:27 a.m.
2158Views
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Four cases to analyze the tax risk of shareholders' long-term non-payment of loans from companies
On July 11, 2003, the Ministry of Finance and the State Administration of Taxation (SAT) issued the Circular of the Ministry of Finance and the State Administration of Taxation on Regulating the Administration of Individual Investor's Individual Income Tax Collection (Cai Shui [2003] No. 158), which treats the "long-term non-reimbursement of individual shareholders' loans" as a distribution of dividends and bonuses, and collects individual income tax. Although the document has been in force for more than 20 years, there are still big controversies in the implementation, especially in the scope of the borrower, the judgment of the time of occurrence of the tax obligation, the connection with the system of "no profit, no distribution" of the Company Law, and the question of whether to levy tax or refund the tax for the repayment of the borrowed money across the years, etc., the tax authorities around the world have different understandings. This article is intended to analyze the disputes in the application of Circular 158 in the light of four cases and make suggestions for taxpayers to cope with the relevant risks.Dec. 21, 2023, 3:36 p.m.
1866Views
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Two Departments Introduce New Regulations! Significant Revisions to Necessity Review of Detention
The system of necessary detention review is an effective recourse granted by the Criminal Procedure Law to crime suspects and defendants for safeguarding their legal rights. Recently, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the "Provisions on the Review and Assessment of the Necessity of Detention by People's Procuratorates and Public Security Organs" (referred to as the "Provisions"), refining issues existing in the current work of detention necessity review and further implementing the criminal judicial policy of "fewer arrests, cautious prosecution, and prudent detention." This article interprets the changes in these regulations and their impact on tax-related crimes for the reference of readers.Dec. 18, 2023, 6:12 p.m.
1943Views
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Three major doubts about the false issuance of VAT special invoices in the network freight business
As an emerging road transportation model, the network freight platform has been around tax-related risks since its birth. Recently, a province announced a major network freight case that is still in the review stage, involving a total price of more than 20 billion yuan, affecting nearly 30 provinces and municipalities across the country, involving more than 500 ticket recipients. The case is huge and wide-ranging, and if the above accusations are confirmed, the platform faces extremely heavy criminal liability. However, through the analysis of the news and the cases related to the transportation industry handled in the past, the author believes that there are still three doubts in the handling of suspected false invoice-issued cases in the transportation industry, especially in the network freight industry. This article takes the above case as an example, analyzes and discusses it from the perspective of theory and practice, and talks about some of the author's personal superficial views.Dec. 15, 2023, 6:02 p.m.
1579Views
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Do Recycling Enterprises Need to Face-to-Face Sign Agreements with Individual Sellers to Be Recognized as Affiliated? The Dilemma and Future of the Affiliation Operating Model in the Recycling
The recycling business of recyclable resources is prone to the risk of false invoicing. In practice, to strengthen tax management, some tax bureau in certain regions require recycling enterprises to sign affiliation agreements face-to-face with individual sellers affiliated under their name to be recognized as affiliated. This requirement aims to clarify the criteria for determining affiliation relationships and prevent the occurrence of phenomena such as forged affiliations. However, this requirement may exacerbate the contradictions in the operation of affiliated businesses in the recycling industry, leading to further increases in tax risks for recycling enterprises. This article intends to analyze the causes of the affiliated operating model in the recycling industry and introduce two perspectives on the establishment of affiliated relationships in practice. This analysis aims to provide insights into the practical challenges and business risks of the "face-to-face signing" requirement.Dec. 13, 2023, 6 p.m.
1992Views
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Inflated costs and expenses to pay back taxes and penalties of 36 million: a case to see the four major tax risks of real estate and development enterprises
Recently, a local tax bureau in Fujian Province issued a notice to characterize the tax evasion and impose a fine of more than RMB 20 million on a local real estate enterprise for inflating operating costs and sales expenses and underpaying enterprise income tax and land value-added tax. This case is typical and reflects four types of tax risks common to real estate enterprises, i.e., business authenticity risk, cost accounting risk, cost deduction risk and account management risk. This paper intends to combine the illegal facts and characteristics of the enterprises involved in this case to reveal the relevant tax risks of housing and development enterprises.Dec. 13, 2023, 5:49 p.m.
1729Views
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Case Analysis: Tax-Related Risks and Compliance Countermeasures of “Post-Make-Up” invoices of flexible employment platform
In practice, the enterprise in the purchase of goods, accept services completed, at that time can not obtain input invoices, obtain non-compliant invoices and other reasons, and then made up invoices, its tax risks in where? This article is intended to combine an enterprise from the flexible employment platform after the invoice and to be red-flush still be punished case, after the legality of the invoice behavior and red-flush false invoices whether to assume legal responsibility for analysis, for the reader's reference.Dec. 8, 2023, 7:39 p.m.
1852Views
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Should the conversion of $98 million of individual labor compensation income to business income be characterized as tax evasion?
Recently, a Notice of Tax Administrative Penalty Matters has attracted wide attention, in which a natural person converts the nature of income by setting up a sole proprietorship enterprise, and draws up tax evasion and imposes a fine of 15.91 million yuan. In the past, in the field of network entertainment, there have been many cases of fictitious business, converting income from remuneration for labor services to business income, and converting income from domestic individuals to income from overseas enterprises, and the tax-related risk of converting the nature of income is still high. This article intends to analyze the way of realizing tax benefits and tax-related risks by converting the nature of income in the light of the case, and further put forward the compliance points of avoiding tax burden by adopting such a way.Dec. 7, 2023, 9:02 a.m.
3249Views
