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Tariff Law Proposes to Delete Preliminary Provisions on Tax Clearance, Administrative Reconsideration to Play the Role of Main Channel for Dispute Resolution
Feb. 20, 2024, 3:52 p.m.
2191Views
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From the listed company's tax reimbursement of 180,000 late fees of more than 30 million to see not to reimbursement of taxes but additional late fees of four kinds of circumstances
Feb. 20, 2024, 3:41 p.m.
2978Views
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Case analysis: four types of risks of failure to issue invoices according to the specified time
Under the tax administration mode of "controlling tax by invoice", VAT special invoice is of great significance to the market transaction subjects: for the payer, the invoice is the legal certificate for VAT input deduction and the pre-tax deduction certificate for enterprise income tax; for the payee, the invoice is one of the bases for declaring income and calculating output tax amount. For the recipient, issuing invoices is one of the bases for declaring income and calculating sales tax, and the behavior of not issuing invoices in time and in full undermines the national invoice management order, and has the risk of hiding income and tax evasion. This article analyzes the four common risks of not issuing invoices according to the specified time limit in practice in the form of cases for readers' reference.Feb. 19, 2024, 5:05 p.m.
2508Views
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2024 National Tax Work Conference Deploys New Year's Work, Corporate Tax Compliance Should Emphasize These Five Aspects
On January 24-25, the National Tax Work Conference was held in Beijing, which summarized the tax work in 2023 and deployed key work tasks in 2024. In 2023, the tax department has achieved many regulatory reform results, such as the Supreme Court, the General Administration of Municipal Supervision to join the eight departments of the normalization of the work mechanism to combat false and fraudulent tax; the construction of intelligent tax, tax big data applications continue to be promoted and so on. At the same time, the meeting made specific requirements for the tax department in 2024, of which the second part "standing on the overall situation and seeking development, unswervingly playing and expanding and improving the functional role of the tax department" focuses on the direction of the reform and requirements for the tax supervision. This paper analyzes and reveals the changes and challenges of tax-related risks in key industries and fields in 2024, taking into account the trend of tax supervision reform and practice observation in recent years.Feb. 4, 2024, 11:54 a.m.
2782Views
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Tax Lawyer Explained: New Implementing Rules of Invoice Management Measures Released, Five Major Revisions Worth Noting
On July 20, 2023, the State Council announced the newly revised Measures for the Administration of Invoices, and the Implementing Rules for the Measures for the Administration of Invoices, as a supporting regulation, was in urgent need of revision.On January 15, 2024, the State Administration of Taxation (SAT) announced the Decision on Revising the Implementing Rules for the Measures for the Administration of Invoices of the People's Republic of China (SAT Decree No. 56), which, in order to connect with the current laws and regulations In order to connect with the existing laws and regulations, it clarifies matters of concern to taxpayers, such as electronic invoice management, false invoicing, and the use of other vouchers in lieu of invoices. This article analyzes the provisions of the new Implementation Rules in order to clarify the rights and obligations of both parties, the invoicer and the third-party service organization, and better protect the legitimate rights and interests of taxpayers.Jan. 31, 2024, 4:55 p.m.
3281Views
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The 2024 Annual Work Conferences of Procuratorates and Courts deployed to deepen the reform of compliance of enterprises involved in cases, and the road to compliance in tax-related cases should be ta
On January 14, 2024, the National Conference of Chief Procurator was held in Beijing, which comprehensively summarized the procuratorial work in 2023 and deployed the main tasks for 2024. The meeting emphasized that in the new year, the procuratorial work should focus on the construction of a law-based business environment, adhere to the equal protection of all types of business entities in accordance with the law, deepen the reform of compliance of enterprises involved in cases, and deploy and carry out the special action of "Procuratorate Protects Enterprises".Jan. 22, 2024, 10:18 a.m.
3137Views
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The State Council and the State Administration of Taxation 2024 first joint press conference disclosed four important information on the work of combating tax-related crime
On January 18, 2024, the Information Office of the State Council held a press conference on high-quality development of tax services in Beijing. Rao Lixin, deputy director of the State Administration of Taxation (SAT), and leaders of relevant departments attended. At the conference, the SAT disclosed the overall results of its work on combating tax-related violations in FY2023, and for the first time made public the regularized mechanism of eight departments across the country for combating tax-related crimes. The author analyzes and reveals the changes and challenges of tax-related risks in key industry sectors in 2024 by combining the four important information on the work of combating tax-related crimes in FY2023 disclosed at the conference.Jan. 20, 2024, 10:09 a.m.
2822Views
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2024 National Audit Work Conference: strictly audit the “tax depression” and “illegal tax rebates” chaos in investment attracting
On January 11, 2024, National Audit Work Conference was held in Beijing, summarizing the audit work in 2023, then researching and deploying the key audit work in 2024. The conference required all levels of audit departments across the country to do a hard job in 6 aspects in 2024. Among the conference, it was firstly proposed that "(audit departments) need deeply revealed that some local governments, in the process of attracting investment, illegally introduced mini-policies, created tax depression and other problems; need seriously audit and deal with illegal tax rebates chaos.” As the main policy grasp of attracting investment, fiscal rewards and tax rebates have faced challenges in terms of rationality and legality in recent years. Some industries and new business models that rely heavily on fiscal rewards and tax rebates policies will be greatly affected. This article combines with the cases of illegal tax rebates disclosed by the audit and tax departments, revealing the tax risks in industries such as renewable resources, online freight transportation platform, online flexible employment platform, and investment attracting park.Jan. 17, 2024, 8:43 p.m.
4019Views
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Case Analysis: Should the tax paid be refunded after the taxable act has been revoked?
Article 51 of the Tax Administration Law stipulates that taxes paid by taxpayers in excess of the taxable amount shall be refunded immediately upon discovery by the tax authorities, and the Interpretation of the Tax Administration Law summarizes the circumstances of this article as "various reasons, such as incorrect understanding of the tax law, calculation error, wrong application of the tax rate, increase of the tax amount, or improper financial and technical processing". That is to say, the Tax Administration Law and its interpretation only provides for the refund of "tax paid by the taxpayer in excess of the taxable amount", which only covers the situation of overpayment of tax caused by the lack of legal basis from the beginning, and does not provide for the refund of overpayment of tax arising from the revocation of taxable acts and other circumstances. In practice, there are many disputes on whether the paid tax should be refunded after the taxable act is revoked. In this paper, the author will cite two cases to analyze the refund of paid tax after the taxable act is revoked for readers' reference.Dec. 25, 2023, 8:59 p.m.
3725Views
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The false acceptance of live platform invoices and foreign false openings were investigated, inventory of tax-related risks in the live broadcasting industry
In July this year, Fuzhou Municipal Tax Bureau served a Decision on Tax Treatment by way of announcement. The tax authorities determined that the company involved in the case obtained invoices from a company in Beijing to inflate the cost, and then violently invoiced to the outside world within a short period of time, and characterized the invoices issued by the company involved in the case as false invoicing. With the development of the Internet, the network live broadcasting industry has emerged, but some live broadcasting platforms, network anchors, MCN organizations and other subjects have not paid sufficient attention to tax compliance in the operation and development, resulting in a surge of tax-related risks. In view of this, this article takes the case as a starting point to analyze the tax-related risks of all parties in the live broadcast industry and puts forward tax compliance suggestions for readers' reference.Dec. 25, 2023, 9:27 a.m.
3288Views
