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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
2495ViewsNov. 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
2872ViewsNov. 19, 2023, 2:27 a.m.
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Individual invoicing frequent mines, construction, logistics and other industries have become the hardest hit by false invoicing
The recent cases of suspected false invoicing by individuals have been occurring frequently, throwing the potential tax risks behind this behavior into the public eye. Through the combing and analysis of the cases, it can be found that the natural person invoicing cases show the characteristics of industrialization: firstly, more than half of the cases disclosed so far are construction enterprises, mainly because of the serious shortage of input invoices, and the construction enterprises try to use their employees or fiscal platforms to issue invoices on behalf of the construction enterprises; secondly, the flexible labor enterprises have triggered the tax audit due to the large number of individuals involved in the invoicing; moreover, the industries of medicine and freight transport choose to issue invoices through individuals due to the existence of problems such as the difficulty of obtaining input invoices. In addition, pharmaceuticals, freight transportation and other industries choose to issue invoices on behalf of individuals due to the difficulty of obtaining input invoices and other problems. Previously, Hwuason systematically elaborated the concept of personal invoicing and related risk points through the article "Case Study: Analyzing Five Major Tax Risks of Personal Invoicing". In this article, we try to start from the industry where personal invoicing cases occur frequently, talk about the root causes of the cases, and analyze the risks of personal invoicing in combination with cases.3182ViewsNov. 19, 2023, 2:16 a.m. -
A number of well-known pharmaceutical companies were inspected! Drug company tax compliance should be the right medicine under the special rectification
The pharmaceutical industry has a bearing on people's livelihood, and is one of the areas that receive the most attention from regulators. In order to solve the problem of pharmaceutical companies in circulation to extract funds for commercial bribery, drug prices are too high, in 2017, the State Council Medical Reform Office began to implement the "two-invoice system". The "two-invoice system" has compressed the original multiple circulation links of medicines, and to a certain extent, it has cracked down on the phenomenon of price increases at various levels after the drugs leave the factory. However, the reform did not completely solve the chronic problems of the pharmaceutical industry, and the tax-related risks faced by pharmaceutical enterprises have not been eliminated. In recent years, the tax authorities at all levels announced the typical tax cases, there is no lack of pharmaceutical enterprises. This year, the General Administration of Taxation "officially announced" that pharmaceuticals are still the key area of supervision. In view of this, this article combines the current policies and regulations and typical cases to analyze and summarize the tax-related risk points in the pharmaceutical industry, so as to put forward tax compliance recommendations for pharmaceutical enterprises and help their healthy development.3580ViewsNov. 19, 2023, 2:02 a.m. -
No Taxes, No Breaks: What are the circumstances in a business bankruptcy where taxes are owed?
Tax-related issues are inevitable in enterprise bankruptcy proceedings, and it is of great significance for the smooth and efficient operation of the bankruptcy mechanism to appropriately deal with the historical tax arrears of the bankrupts, the nascent taxes and fees during the bankruptcy proceedings, and the post-bankruptcy tax and fee write-off issues. The Announcement of the State Administration of Taxation on Several Matters Concerning Tax Levy and Administration (Announcement No. 48 of 2019 of the State Administration of Taxation, hereinafter referred to as "Circular No. 48") is the main document in the field of tax levy and administration to deal with the tax-related issues in the liquidation procedures of enterprise bankruptcy, and it has responded to some of the convergence issues between the Enterprise Bankruptcy Law and tax levy and administration, but there are still many difficulties in application in practice. However, there are still a lot of difficulties in application in practice. Article 4 of Article 48 stipulates that in the bankruptcy liquidation procedure, the tax authority shall declare to the bankruptcy administrator the taxes owed by the enterprise (including education fees and local education surcharges), late payment fees, penalties, and interest generated by special tax adjustments in the claim filing period, and the author will analyze the common tax-related disputes in the bankruptcy procedure from the content of the four declarations, and the article will discuss the issue of taxes owed in order to provide a basis for the analysis. This article firstly discusses the issue of tax owed for reference.2574ViewsNov. 19, 2023, 1:21 a.m. -
Land value-added tax case: land premium refund should be reduced by the premium paid for the acquisition of land use rights
In practice, some local governments, in order to attract investment, grant the land use right through auction and listing in accordance with the law, and then return the land grant payment in the form of support, incentives, subsidies, etc. However, due to the huge amount of land grant payment, whether to offset the land price has a significant impact on the capital cost of enterprises. However, due to the huge amount of land rebate, whether or not to offset the land price in the land value-added tax settlement has a significant impact on the capital cost of enterprises. At present, the national level has not yet clarified the land value-added tax treatment of land rebates, but some localities have made provisions for the deduction of land rebates from the corresponding land costs. Enterprises that do not deduct the land value from the rebates and include the full amount of the land premiums paid in the land costs are exposed to the risk of recovering the land value-added tax.2634ViewsNov. 19, 2023, 1:06 a.m. -
A case as a warning: common risks of false opening and tax evasion in software enterprises under special rectification
The software industry is one of the industries that China has vigorously pursued the development of, and through the implementation of tax incentives to promote the industry to maintain high quality and stable development. However, in recent years, the cases of software enterprises' false invoicing, fraudulent export tax rebates and tax evasion have erupted one after another, which triggered the concern of all sectors of the society about the tax-related problems of the industry. The technological attributes of software products have put a veil of mystery over them, making it more difficult for tax authorities to carry out audits. Therefore, this year, the State Administration of Taxation will include software enterprises in the focus of the fight, and joint investigations by multiple departments. In view of this, this paper reveals the irregular business model of software enterprises through three hot cases in the software industry, and analyzes the compliance construction of software enterprises, in order to provide suggestions for promoting the healthy development of the software industry.2490ViewsNov. 19, 2023, 12:41 a.m. -
Whether the transfer of self-constructed and self-used real estate by housing development enterprises can calculate land value-added tax according to the liquidation rules
According to the land value-added tax (VAT) regulations, different tax rules apply to the sale of newly-built houses and the transfer of old houses; the sale of newly-built houses is subject to land value-added tax clearance, while the transfer of old houses is not subject to clearance, and there are differences between the two rules in terms of deduction items, filing procedures, and filing time. In large-scale real estate projects, it is often difficult to sell all the completed commercial houses at one time, and some of them need to be transferred to self-holding first, and the phenomenon of "using before selling" or "renting before selling" is becoming more and more common, and what kind of taxation rules are applicable to such self-built and self-used houses before transferring? The tax rules applicable to such self-constructed and self-utilized houses and then transferred houses have a direct impact on the land value-added tax payment obligations of real estate enterprises.2667ViewsNov. 19, 2023, 12:24 a.m. -
What are the tax risks associated with the liquidation and write-off of a company when the registered capital contribution period is reduced to 5 years?
In December 2022, the thirty-eighth meeting of the Standing Committee of the thirteenth National People's Congress (NPC) conducted a second review of the draft revision of the Company Law. Based on the deliberations of the Standing Committee and the views of various parties, the Third Review Draft submitted for consideration at this meeting proposes a number of amendments, one of which is to improve the registration system for the contribution of registered capital, requiring that "the amount of capital contributed by shareholders of a limited liability company shall be paid in full within five years from the date of the company's establishment." This provision has had a subversive impact on the previous rules for the establishment of a limited liability company under the contribution system, and has an important role in urging shareholders to fulfill their responsibility to make contributions and further protect the interests of creditors. However, how to determine the period of contribution of shareholders of the established limited liability company? If the accelerated expiration of the contribution of its inability to pay the capital and what to do? The most once-and-for-all way is to liquidate the company cancellation, to avoid the full payment of contributions due to failure to outbreak of shareholder liability risk, which will also involve a variety of tax issues, this paper is intended to focus on the resolution of the shareholders' meeting to dissolve the cancellation of the company's tax risk analysis of this situation.1911ViewsNov. 19, 2023, 12:08 a.m. -
The use of investment promotion policy false invoicing 3.7 billion, fiscal platform false invoicing risk should be how to effectively isolate?
The State Administration of Taxation has continuously strengthened the supervision of tax intermediaries by using tax big data precision audit, and at the same time introduced the central government to clean up the local illegal tax rebate policy, to create a good and fair competition market environment, and to "reduce enterprise costs" as the main business of the Internet tax platform, the living space has been seriously compressed, and the use of "investment promotion" and other tax incentives and false invoicing and other means to earn profits will go to a "dead end". The use of "investment promotion" and other tax incentives and false invoicing and other means to earn profits will go to a "dead end". Tax platform, some rely on tax platform to reduce the tax burden of enterprises will be difficult to continue, and there is a huge risk of false invoicing. The author will analyze relevant cases and policies to reveal the tax risks of the business related to Internet tax platform and make suggestions for readers' reference.2849ViewsNov. 19, 2023, 12:05 a.m.