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A number of heads of listed pharmaceutical companies have been placed on probation, and sales expense tax violations have become an obstacle to pharmaceutical companies' ipo
2124ViewsNov. 19, 2023, 12:21 p.m. -
Case: Tax authorities made a major tax processing decision to stop the right to export tax refunds without a hearing, and the court affirmed its illegality
1958ViewsNov. 19, 2023, 12:11 p.m.
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Obtaining oil invoices is characterized as false invoicing, how to solve the pain point of insufficient input tax burden of transportation enterprises?
Recently, the Fujian Provincial Tax Bureau of the State Administration of Taxation announced the delivery of the Decision on Tax Treatment of two shipping companies, which determined that there were a large number of falsely invoiced invoices for non-products of refined oils as NVOCCs, which was not in line with the normal NVOCC business model, and thus characterized the invoices of oils obtained by them as falsely invoiced and demanded that the said companies pay back the tax of RMB 16,169,000 yuan and RMB 16,188,000 yuan, respectively, and added a The pattern of the two cases is basically the same. The pattern of the two cases is basically the same, and this article is going to analyze the tax-related risks of the oil invoices obtained by the transportation enterprises as inputs and costs and their coping strategies in the light of one of the cases.2262ViewsNov. 19, 2023, 11:50 a.m. -
Pharmaceutical anti-corruption: should the use of funds through false invoicing for bribery be punished as one or several offenses?
The core objective of this centralized action in the pharmaceutical industry is to combat corruption and bribery in medical service institutions, and a number of hospital directors and doctors have been investigated and punished for accepting bribes. Due to the fact that bribery and bribery are joint crimes, the Commission for Discipline Inspection and Supervision of the Supreme Prosecutor, the Supreme Court and other relevant departments have issued the "Opinions on Further Promoting the Investigation of Bribery and Bribery Together", emphasizing that "bribery and bribery are investigated together", and that bribe-taking is seriously punished. The recently published Amendment (XII) to the Criminal Law (Draft) also proposes to increase the penalties for active bribery. In the pharmaceutical industry, bribery funds are usually obtained through false invoices, investigate and deal with bribery is bound to implicate the false invoicing behavior, then the question is, whether the false invoicing and bribery constitutes a guilt by association, from a heavy penalty; or to the punishment of a number of crimes. The author combined with the current relevant provisions and judicial practice, from the criminal law theory to be analyzed for the reader's reference.1970ViewsNov. 19, 2023, 11:42 a.m. -
Is the tax on the set-off of a debt after a failed judicial auction "tax inclusive" or "tax on each"?
China's laws, regulations and judicial interpretations have not made clear provisions on the judicial auction after the abortive auction against the debt in kind link tax issues, the applicant accepts the debt in kind, its legal status is equivalent to the buyer. In accordance with the provisions of the tax law, all kinds of taxes have legal taxpayers, but in practice, the executor usually insolvency, no incentive to cooperate with the collection of taxes and fees, taking into account the problem of tax collection, part of the court usually ruled by the applicant to bear the relevant taxes and fees, or inheritance of auction notices in the tax provisions for processing. In this paper, the tax in judicial auction as an entry point, analyze the judicial auction after the abortive auction in kind against the debt link tax situation and rationality, for readers' reference.1918ViewsNov. 19, 2023, 11:33 a.m. -
Case in point: High-income earners' offshore tax planning triggers IRS adjustments to pay huge amounts of back taxes
Cross-border tax planning with its complexity, covertness and efficiency has always been the place of preference for high-income people, and the tax avoidance problem it triggers has always been the focus of attention of competent tax authorities in various countries. In China, with the promulgation of the new Individual Tax Law and the implementation of the CRS system and the BEPS Convention, the cross-border tax avoidance problem is being gradually solved, and the former tax planning may trigger the anti-avoidance adjustment of tax authorities. This article focuses on the three more common planning methods of high-income people, namely, indirect equity transfer, retaining profits overseas without distributing them, and changing the status of residents. Combined with the current domestic regulatory background of anti-avoidance of taxes for high-income people, it reveals the tax risks of the relevant people through the cases that have been disclosed so far. If you take history as a mirror, you can know the rise and fall; if you take people as a mirror, you can understand the gains and losses.2521ViewsNov. 19, 2023, 3:07 a.m. -
Tax lawyers explain: whether coal-based stabilized light hydrocarbons should be subject to consumption tax according to naphtha?
Against the background of the extreme imbalance between China's energy reserves and energy consumption structure, coal-to-oil technology is of great significance in reversing China's abnormally high degree of external dependence on oil and gas resources, promoting the efficient and clean utilization of resources, and guaranteeing national energy security. However, as the end products of coal-to-oil technology are refined oils such as gasoline and diesel, although the current tax law does not include coal-based liquid products in the consumption tax items, the 2022 National Special Rectification Action for the Refined Oil Industry will also include the projects of coal indirect liquefaction process technology in the scope of verification, resulting in the coal-based stabilized light hydrocarbons as an intermediate product is also faced with the risk of excise tax audits.2547ViewsNov. 19, 2023, 2:55 a.m. -
Another anchor is evading taxes through a spiritual work platform, so why has spiritual work become a tool for tax-related offenses?
With the development of the new business economy, flexible employment as a brand new employment model has attracted much attention in the market. It has been reported that the number of flexibly employed people has reached more than 200 million in 2021, and the overall market size of China's flexible labor has reached 1.1 trillion in 2022 and 1.34 trillion in 2023. Flexible labor platforms are favored by local governments and enterprises as a platform that connects enterprises with freelancers, transforming the traditional employment relationship between enterprises and laborers into a cooperative relationship between enterprises and laborers, and serving both the functions of reducing enterprise costs and promoting employment. More than 1,000 flexible labor platforms in provinces such as Tianjin, Hunan, Jiangsu, Liaoning, and Jiangxi have obtained the qualification of commissioned collection. However, some of the flexible labor platforms have been suspected of tax evasion and false invoicing, and have been disqualified from collecting tax on behalf of enterprises, and are facing administrative and criminal risks. In this article, we will focus on the tax-related risks of flexible labor platforms with practical cases to help platform enterprises achieve tax compliance.2285ViewsNov. 19, 2023, 2:47 a.m. -
Court case: the tax bureau could not prove that the taxpayer constituted tax evasion, and the enterprise failed to file a tax return with a recovery period of 3-5 years
Article 63 of the Tax Collection and Administration Law provides for four situations that are recognized as tax evasion, including forgery, alteration, concealment, unauthorized destruction of account books and bookkeeping vouchers, overstating expenditures or omitting or understating revenues in the account books, and refusing to make a declaration or making a false tax declaration after being notified to do so by the tax authorities. Whether constitutes tax evasion is often related to the tax recovery period. In practice, due to the lack of clarity of laws and regulations, "failure to make a tax declaration" is tax evasion controversy, this article from a judicial decision, from the elements of tax evasion, the application of the recovery period and other perspectives to analyze this issue.2417ViewsNov. 19, 2023, 2:36 a.m. -
Risk warning: production of stabilized light hydrocarbons, iso-octane, naphthenic hydrocarbons and other chemical products by the recovery of consumption tax
Since the revision of the Provisional Regulations on Consumption Tax in 2008, the scope of consumption tax levy and exemption for chemical products produced with crude oil and coal as raw materials has been controversial.After the online launch of the refined oil invoice module in 2018, the state has continued to strengthen the collection and management of consumption tax on the whole chain of the petrochemical industry. In particular, since August last year, the issue of levying consumption tax on chemical products such as crude oil products and coal-based oils as naphtha has been more prominent in Shaanxi, Shanxi, Inner Mongolia and Xinjiang, which has had a huge impact on the chemical industry in these places.2796ViewsNov. 19, 2023, 2:27 a.m.