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Six Key Points of Success in Defending a Scrap Material Enterprise in a Fictitious Invoicing Case by a Tax Attorney
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Scrap Material Recycling Enterprises Facing Criminal Charges for False Invoicing - Key Points for Appeal to Potentially Secure a Reversal
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A certain scrap material enterprise, which has been using self-issued vouchers for accounting for many years, has been ordered by the tax authorities to replace them with invoices and pay a substantia
From the perspective of policy context, there has not been significant change in the operating model of the scrap material industry, and the consistent practice of granting value-added tax (VAT) preferences reflects the country's policy orientation towards resource recycling. However, since the cancellation of the policy of VAT prepayment and refund for the scrap material industry in 2000, and the further cancellation of the VAT exemption for the sale of scrap materials by recycling units in 2008, scrap material recycling enterprises have faced the dilemma of lacking input invoices and bearing a heavy burden of VAT, with difficulty obtaining pre-tax deduction vouchers for corporate income tax.Since 2017, there have been successive outbreaks of fraudulent cases involving scrap material recycling enterprises in various regions of the country. The cases involve numerous upstream and downstream companies, and the amounts involved are enormous. Once the crime of issuing fraudulent VAT special invoices is established, the companies and individuals involved will face serious criminal liability. As a result, in order to avoid the potential risk of issuing fraudulent invoices, many scrap material recycling enterprises have chosen to forgo obtaining input invoices and fully pay the VAT on the sales link, opting instead to use self-made vouchers for cost deduction.Recently, tax authorities in some regions have begun to investigate the tax situation of scrap material recycling enterprises, with particular attention to the issue of pre-tax deduction vouchers for corporate income tax. In this issue, the author combines multiple relevant consultations to analyze the issue of pre-tax deduction vouchers for scrap material recycling enterprises, with the aim of providing recommendations for the scrap material recycling business.3094Views
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Tax-related Risk Analysis and Preventive Suggestions on Purchasing, Production and Sales of Electric Power Enterprises
Electric power companies may face the dilemma that suppliers are not qualified to issue VAT special invoices in the procurement process, and cannot deduct VAT inputs and EIT costs; in the production and marketing process, "surplus tickets" and sales on behalf of the power company are prone to involve the risk of false invoicing. From the perspective of enterprises, how to identify these risks and take corresponding countermeasures to curb the problem of false invoicing by combining with the requirements of tax compliance has become the focus of enterprises' attention. This paper makes a systematic description of the risks of false invoicing in the electric power industry and puts forward corresponding preventive suggestions.3483Views
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A number of enterprises in violation of tax savings by the audit, the Internet financial and tax pla
In last week's article, I made an inventory of the eight major triggers for the outbreak of tax-related risks on Internet tax platforms. However, the so-called "fuse" belongs to the "external causes", the real hidden tax-related risks, or the current five types of business models of the Internet taxation platform. As we know, the Internet tax platform relies on the network, the business scope for all parts of the country, the number of customers, if the business compliance is not in place, the risk of tax evasion and false opening is more likely to erupt. Therefore, this paper analyzes the five risky business models of Internet taxation platforms and puts forward corresponding response ideas for the benefit of readers.3059Views
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Can interest expenses be truthfully deducted when a real estate company fails to obtain an invoice for a loan from a financial institution?
The initial cost of real estate project development is high, and a large amount of capital investment is required for pre-development. Many enterprises' own funds are difficult to meet the demand for engineering construction, and due to the strict approval of loans by financial institutions, in order to ensure that the project is carried out normally, the enterprises are forced to broaden the source of funds through other financing channels. However, according to the rules of the current tax law, when handling the land value-added tax settlement, the interest expenses incurred are subject to different deduction methods depending on the circumstances. Taxpayers should effectively grasp the scope and conditions of interest expense deduction to ensure maximum enjoyment of deduction.3762Views
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"dual contract" equity transfer, the power company characterized tax evasion was punished, the person in charge of the crime of tax evasion
The electric power industry is the most important key energy industry in the development of the national economy, a basic industry related to the national economy and people's livelihood, and a priority development focus in the economic development strategies of countries around the world. The tax declaration involved in the process of equity transfer of electric power company is the focus of tax authorities in recent years. Tax bureaus around the world have issued documents one after another requesting that equity transfers be subject to tax verification. Failure to declare or concealment of income will be recognized as tax evasion and face fines or criminal penalties. When transferring equity in a power company, a reasonable transaction price and investment cost need to be determined, or else adjustments or challenges from tax authorities may arise. These will affect the actual earnings and cash flow of the power company. The author intends to analyze the tax-related issues that may be involved by combining actual cases and the characteristics of equity transfer in the power industry.3647Views
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Tax Administrative Case Inventory and Big Data Observations in 2022
In 2022, China's tax policy "reduction" is the leading word, which provides strong support for reducing the burden of market players, revitalizing enterprise cash flow and boosting the speed of economic development. The new combination of tax support policies from multiple perspectives, all-round care of key industries and people: large-scale tax rebate policy to ease the pressure of the shortage of funds for real enterprises; transportation, science and technology, courier and other industries to reduce the burden of specific industries; the introduction of a new special deduction for personal tax and personal pension tax policy to care for the birth of a child, old age, and other key issues... ...In order to ensure that tax policies are put into practice, tax supervision in 2022 has been further strengthened with the help of multi-departmental collaboration and tax big data, rectifying the network entertainment industry, strengthening investment supervision, and cracking down on fraudulent tax credits and tax refunds, etc., which effectively deterred the unscrupulous elements. This article takes stock of the tax-related cases and data of the State Administration of Taxation and local tax authorities in 2022 to get a glimpse of the sources and causes of tax risks in 2022, so as to provide suggestions for enterprises to strengthen tax compliance in 2023.4978Views
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Internet tax platform repeatedly issued tax-related cases, the risk of the outbreak of eight major triggers have to be prevented
The development of Internet technology has explored new development directions for traditional industries, but the hidden risks also come with it. Traditional tax consulting, planning and bookkeeping services have been able to transcend geographical restrictions and face a broader market in the context of the digital economy. On this basis, Internet tax platforms have emerged, which aim to reduce the tax burden of enterprises and individuals, but the corresponding means stray into the gray area of legal and illegal. With the cleanup of local tax policies in recent years, the activity space of Internet taxation platforms has been greatly compressed, and the corresponding tax-related risks are constantly high. By summarizing the reasons for the risk outbreak of Internet taxation platforms in recent years, this paper aims to point out the risks for the platforms in order to strengthen the work of self-examination and compliance.3087Views
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Spotlight: Six highlights of China's tax reform in 2022
Tax issues are related to the immediate interests of taxpayers, and tax reform implies the redistribution and adjustment of interests. From the perspective of comprehensive data, this year's tax reform is reflected in a series of dividend policies through the gradual implementation of the principle of tax law, the promulgation of tax cuts and fee reductions to benefit enterprises and the public, further optimization of various taxes, and the collaborative development of various regions, etc. Through these policies, the burden of market entities has been reduced, and confidence in enterprise investment and development has been strengthened, and the dividends of the reform have injected new kinetic energy into the market entities and economic development.2837Views