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Anti-Corruption Escalation Affects Many Pharmaceutical Listed Companies, Tax Compliance Becomes a Key Link to Cope with Multiple Legal Risks
Nov. 19, 2023, 1:04 p.m.
2679Views
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A number of enterprises were canceled high-tech qualification, facing serious tax-related risks
Nov. 19, 2023, 12:53 p.m.
6898Views
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Can the enterprise real estate development costs and expenses be deducted in the land value-added tax clearance without obtaining invoices?
In tax enforcement and judicial practice, the deduction of land value-added tax costs and expenses focuses on the two key points of "deduction vouchers" and "actual occurrence". Compared with the authenticity, legality and relevance requirements of "substance over form" for pre-tax deduction of enterprise income tax, the caliber of deduction of land value-added tax costs and expenses is narrow. In this paper, we will compare the requirements, scope and consequences of deduction of land value-added tax costs and expenses with those of deduction before enterprise income tax from the perspective of deduction vouchers, and reveal the risk of land value-added tax settlement and its solution if no deduction vouchers have been obtained or the deduction vouchers are not in compliance with the current system conditions.Nov. 19, 2023, 12:30 p.m.
2117Views
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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
Since the pharmaceutical industry anti-corruption work, a number of pharmaceutical listed company real controller because of suspected corruption by the supervisory commission detention, the securities and exchange commission on a number of pharmaceutical enterprises false statement problem to carry out investigation. Under the shock, the A-share pharmaceutical-related sectors led the fall or even stopped, a number of pharmaceutical companies to be listed due to high sales costs and the lack of reasonableness, ipo pressed the pause button or termination button. The stock exchange, the beijing stock exchange also have issued "issuance and listing audit dynamics" requires intermediaries to focus on the verification of sales costs. In view of this, this paper will take the current medical industry anti-corruption work on the capital market from the perspective of the impact, summarize the pharmaceutical enterprises listed on the ipo audit of marketing expenses and tax compliance points and put forward countermeasures to help pharmaceutical enterprises healthy business development.Nov. 19, 2023, 12:21 p.m.
2306Views
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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
Tax administrative penalties, processing and other administrative actions have an extremely significant adverse impact on taxpayers, and in the administrative procedures, although taxpayers can make representations and defense, but after all, it is only the submission of written materials, and the hearing department lacks a direct channel of communication with taxpayers. However, once a tax decision is made, it is bound to have a serious impact on taxpayers. At present, according to the "Implementation Measures for Hearing Procedures for Tax Administrative Penalties (for Trial Implementation)", only larger tax penalties can apply for a hearing, in addition to other penalties such as confiscation of unlawful income, cessation of the right to export tax refunds and other penalties, as well as major tax processing decisions, there is no provision for a hearing. After the promulgation of the newly revised Administrative Penalty Law, there has been an increasing number of disputes related to hearings. This article combines two cases in which the court supported the taxpayer's application for a hearing as an example, analyzes the problems of tax hearings, and puts forward three suggestions for the reader's reference.Nov. 19, 2023, 12:11 p.m.
2260Views
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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.Nov. 19, 2023, 11:50 a.m.
2513Views
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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.Nov. 19, 2023, 11:42 a.m.
2172Views
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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.Nov. 19, 2023, 11:33 a.m.
2115Views
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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.Nov. 19, 2023, 3:07 a.m.
2815Views
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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.Nov. 19, 2023, 2:55 a.m.
2783Views
