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Web freight policy extended for 2 years! Have tax-related risks been resolved since the reform?
On December 31, 2021 the Ministry of Transport and the State Administration of Taxation (SAT) issued an announcement that, in order to further implement the State Council's decision-making and deployment of promoting the standardized and healthy development of the platform economy, the Interim Measures for the Management of Road Cargo Transportation Operations of Network Platforms, which had expired, would be extended for another two years. From truckless transportation to network freight, this new transportation business has been more than six years of exploration, development and reform, but some irregularities still have not been eradicated, network freight platforms, logistics intermediary platforms, major cases are exposed from time to time, in which the risk of tax-related invoices is still serious. This article will analyze with readers the dilemmas and problems faced by the network freight industry.Nov. 26, 2023, 10:35 p.m.
2451Views
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Fraudulent invoicing does not create a tax liability and is not subject to tax? Unraveling the Roots of Fraudulent Tax Losses
How to recognize the loss of national tax in false invoicing cases is always a controversial topic. Recently, Changsha Municipal Taxation Bureau announced six tax audit cases, and determined that six companies have falsely issued VAT invoices to the outside world, because there is no real production and operation business, and in essence, no VAT taxable behavior occurs, therefore, no corresponding VAT tax obligation arises, and the falsely issued VAT invoices are not subject to VAT. In this paper, we will analyze the root cause of national tax loss in the false invoicing cases.Nov. 26, 2023, 10:13 p.m.
1578Views
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If you bring the head, hoof and tail, you don't count the pig's white strips? Approved deduction of input tax on agricultural products involves hidden tax risks
Since 2012, the pilot work of approved deduction of input tax credits for agricultural products has been carried out in a number of industries nationwide, and is currently at the stage of authorizing provinces to select the scope of products to be piloted on their own. In practice, it is found that localities have the right to independently delineate the scope of agricultural products to which the policy of approved deduction of input tax amount can be applied, but these provisions are rather sketchy, and there will be deviation in the interpretation and cognition between tax authorities and taxpayers within a province as to whether a product belongs to the scope of approved deduction, which leads to great uncertainty in the application of approved deduction by taxpayers, and may result in the application of approved deduction being The tax authorities may deny the application of the approved deduction, which may result in the payment of back taxes, late payment fees or even the risk of tax evasion.Nov. 26, 2023, 10:02 p.m.
2138Views
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Whether land value-added tax should be levied on idle land resumed by the government from two cases
A real estate development enterprise obtains the land use right to develop and construct a real estate project, which may not be able to start or may be stalled for a number of reasons, and then the government will take back the land. According to the Urban Real Estate Management Law, urban land resumption can be categorized into compensated and uncompensated. As to whether enterprises need to pay land value-added tax when the government resumes the land with compensation and the land compensation is higher than the cost of land acquisition and development, the results of the current cases are different. This article will analyze whether land value-added tax should be levied under different circumstances when land is resumed by the government.Nov. 26, 2023, 9:56 p.m.
2207Views
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Failure to file tax return for transfer of nominee shares, hidden shareholder ruled to be guilty of tax evasion
Equity holding, also known as entrusted shareholding, anonymous investment or pseudonym, refers to the actual contributor and others agreed to the name of the other person on behalf of the actual contributor to fulfill the rights and obligations of shareholders, a kind of equity or share disposal. Shareholding is a relatively common mode of shareholding in the capital market, but if the "shares held on behalf of" is transferred, the actual shareholders, the nominal shareholders of the "shares held on behalf of" part of the tax payable without tax, the tax obligation and avoidance of payment of taxes. The issue of whether the criminal liability should be borne by the actual shareholders or the nominal shareholders is controversial. In this article, we will start from the case to explore the normative differences among the civil and commercial law, tax law and criminal law in the field of nominee shareholding, and suggest the relevant tax-related risks under the mode of nominee shareholding and provide suggestions to cope with them.Nov. 26, 2023, 9:49 p.m.
1865Views
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If the tax payable is zero after the land value-added tax is settled, can late payment charges be imposed on the unpaid tax in the previous period
Recently, China Tax Lawyer received a tax consultation in which a real estate development enterprise expected to settle the land value-added tax (LVAT) at zero after the completion and acceptance of the project, so it applied to the local government for a temporary non-declaration of payment of pre-payment of land value-added tax (LVAT), and was granted permission to do so. Later, with the reform of consolidation of tax authorities, the consolidated tax authority denied the previous determination that the taxpayer had not declared the prepayment and demanded the taxpayer to pay late fees for the non-payment of prepayment. The question is whether the taxpayer is still required to pay the late payment fee when the land value added tax is already zero. And can the behavior of the pre-reform tax authority constitute a reasonable reliance interest of the taxpayer?Nov. 26, 2023, 9:40 p.m.
1548Views
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470 million yuan of golden ticket case exposed: false opening, tax cheating the whole chain fell to ring the alarm bells
Although some of the gold in our country is used in the field of production, but into the private collection is more, and due to the small demand for personal invoices, especially VAT invoices, resulting in the seller does not open the invoices of the situation is more common, which has brought about the problem of the "gold ticket" false opening. This problem was more frequent in 2014 and 15, and in the first half of 2015, the State Administration of Taxation (SAT) and the Ministry of Public Security (MPS) jointly issued the "Notice on the Special Action to Combat the Illegal and Criminal Actions of Fraudulently Issuing VAT Special Purpose Invoices by Using Gold Transactions" as well as a list of the relevant suspected enterprises, and cracked down a number of cases of fraudulent issuance of gold invoices, which effectively curbed the illegal and criminal activities. To this day, gold ticket fraudulent tax fraud still occurs from time to time, repeated. A few days ago, CCTV.com, Xinhua.com and other media released a news report on a typical gold ticket fraudulent tax cases, it is worthwhile for the majority of enterprises to take warning.Nov. 26, 2023, 9:06 p.m.
1774Views
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Checks on business income from equity investments highlight double taxation of partnership share transfers
On December 30, 2021, the Ministry of Finance (MOF) and the State Administration of Taxation (SAT) issued the Announcement on the Administration of Collection of Individual Income Taxes on Income from Equity Investments and Operations (MOF SAT Announcement 2021 No. 41). In the past, although authorized levies for partnerships were treated as a tax preference in many places, they were essentially a form of levy management and the system was designed, to some extent, to address the inherent problems in the tax system. After the prohibition of authorized levies, the problems caused by the flaws in the tax system have gradually come to the fore, among which the problem of double taxation on the transfer of partnership shares is particularly obvious.Nov. 26, 2023, 8:54 p.m.
1932Views
