-
Case Observation: The issuer is sentenced to life imprisonment for involvement in the crime of issuing false invoices, while the recipient is sentenced to probation for illegal purchasing!
3535ViewsNov. 20, 2023, 9:42 p.m. -
Supreme Court Releases Positive Signals on Criminal Compliance, Look Forward to 2023 for Corporate Compliance Trends in Tax-Related Crimes
1851ViewsNov. 20, 2023, 9:31 p.m.
-
Frequent cases of suspected false invoicing by tax-related intermediaries, a comprehensive analysis of tax risks in the tax services industry
The joint crackdown mechanism of six departments, namely the State Administration of Taxation, the Ministry of Public Security, the Supreme People's Procuratorate, the General Administration of Customs, the People's Bank of China, and the State Administration of Foreign Exchange, has been playing a great role in investigating and dealing with gang-type, trans-regional, and illegal and criminal acts of false invoicing. Recently, the State Administration of Taxation exposed seven tax-related cases. Among them, a joint tax police operation to investigate and deal with the case of false VAT invoices successfully smashed two criminal dens of false invoicing. In the case, two tax-related intermediaries were sentenced to 3 to 11 years' imprisonment for setting up or helping related shell enterprises to issue VAT invoices with a total of 1.232 billion yuan in value and tax by providing financial book-keeping services and fabricating financial data and information, without any real business taking place. As providers of tax-related professional services, tax-related intermediaries are facing increasingly stringent supervision and tax risk responsibility, and should operate in good faith, practice in accordance with the law and cautiously guard against tax-related risks.2112ViewsNov. 20, 2023, 9:23 p.m. -
Tax-related Risks Analysis and Preventive Suggestions on Procurement, Production and Marketing Links 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.2547ViewsNov. 20, 2023, 9:18 p.m. -
Can a transferee's withholding tax be refunded in the event of a contractual fraud in connection with an equity acquisition?
Tax law, as a secondary evaluation, must be based on civil legal relations, so changes in civil legal relations will also lead to changes in tax legal relations. However, tax law as a separate field law, the formation of tax obligations and its changes have their own legal tax elements to regulate, and through the principle of substantive taxation can be penetrated into the appearance of the civil law, so the relationship between the tax law and the civil law is not "also follow the trend", but with considerable independence. Under the collision of the two legal norms, many disputes will arise, the most typical problem is whether the civil legal relationship is invalid or revoked, whether it can apply for tax refund. Recently, an equity transfer agreement suspected of contract fraud, withholding agents to apply for tax refund case, this paper combined with the current tax law, the issue of the preliminary discussion of feasible path for the reader's reference.2093ViewsNov. 20, 2023, 9:15 p.m. -
Whether the tax authorities can still pursue administrative liability after a petrochemical enterprise is held criminally liable for overbilling
Recently, Zhejiang Provincial Tax Bureau issued a batch of tax processing decisions. Among them, the case of a gang controlling a shell company to falsely issue VAT invoices deserves attention. The case belongs to the invoicing mode of "distribution circulation", and the enterprise involved in the case has falsely issued nearly 700 million, and after the Jinhua Intermediate Court made a judgment on the false invoicing behavior, the First Inspection Bureau of Zhoushan City Taxation Bureau of the State Administration of Taxation made a tax processing decision on the false invoicing behavior, and ordered the enterprise involved in the case to make accounting adjustments within a certain period of time. This paper intends to analyze the procedural legitimacy of this case in the interface between tax administrative law enforcement and criminal justice on the basis of sorting out the facts of the case.2388ViewsNov. 20, 2023, 9:07 p.m. -
The Risk and Dispute Solution of Tax Planning of Individual Shareholder's Equity Change before Company Going Public
In order to raise capital and further expand its development through listing in the capital market, a proposed listed company needs to adjust its shareholding structure in accordance with the listing program, and especially for limited liability companies, it also needs to carry out share restructuring. With the full promotion of the registration system across the market and among all types of public share issuance, the listing conditions have become more diversified and inclusive, but issuers still need to ensure that they are in compliance with the issuance conditions, the listing conditions and the relevant disclosure requirements, and to respond to the regulator's inquiries around the qualifications of the main body, the history, the competition in the same industry, the related transactions, and the tax risks. In particular, the tax risk of changes in the shareholdings of individual shareholders is partly rooted in the way they hold their shares before the listing of the company. In order to avoid being unable to go public due to the existence of serious tax administrative penalties or tax-related criminal risks, companies need to be prudent in designing and constructing their shareholding structure.2780ViewsNov. 20, 2023, 9:03 p.m. -
Many anchors were fined for tax evasion, how to prevent tax-related risks for anchors and live broadcasting platforms?
In recent years, with the increasing scale of the Internet economy, the public's demand for audio-visual entertainment has become increasingly rich, giving rise to a huge network entertainment industry. Relying on various live broadcasting platforms, a large number of considerable network anchors realize their personal value on the Internet, and also gain considerable wealth through the audience's reward and live broadcasting with goods. However, some webcasters lack the awareness of tax compliance, fail to fulfill their tax obligations on time and in full, and even adopt various means to avoid or even evade taxes, coupled with the lack of tax supervision when the network entertainment industry has just emerged, resulting in the loss of national taxes, and this kind of problem has already aroused the concern of the State Administration of Taxation and the related departments such as the net information department and the industry and commerce department, and has already exposed many cases of tax evasion by webcasters. Such problems have attracted the attention of the State Administration of Taxation and related departments such as the Internet information department and the industry and commerce department, and a number of cases of tax evasion by anchors have been exposed. Recently, several cases of tax evasion by anchors have broken out one after another around the world. This article analyzes the core issues and "conversion of income nature" in the cases of tax evasion by anchors and points out the tax-related risks and their responses.3263ViewsNov. 20, 2023, 8:55 p.m. -
Land value-added tax case: real estate company securing debt performance in the name of house purchase and sale was pursued for land tax increase
In order to cope with the shortage of cash flow to postpone the fulfillment of debts, or to successfully raise funds, real estate development enterprises may choose to use the commercial properties they have developed to enter into a sale and purchase contract with creditors, and adopt the method of granting guarantees to guarantee the fulfillment of debts. Although the transfer guarantee is not intended to be a transfer of real estate, if a change in property ownership occurs during the transfer guarantee process, there is a risk that the tax authorities will recognize it as a transfer of real estate and levy a land value-added tax (LVAT) on it.3110ViewsNov. 20, 2023, 8:53 p.m. -
Case Analysis: Five Common Tax Risks of Equity Transfer for High-Income People
High-income people's equity transactions are characterized by large amount of subject matter and complex commercial arrangements, etc. Under the background of "double random, one open" normalized tax supervision, their equity transfer has become the focus of tax audit. In the complex business background, the existing tax policy has a certain lag, the practice of equity transfer tax-related disputes are endless, in the background of strict regulation of high-income people's equity transactions there are a lot of tax-related risks, this paper to the practice of equity transfer of the five common types of tax-related risks as an entry point for discussion, for reference.
In March 2021, the General Office of the Central Committee of the Communist Party of China (CPC) and the General Office of the State Council issued the Opinions on Further Deepening the Reform of Tax Levy and Administration, which explicitly pointed out to strengthen the tax service and supervision of high-income and high-net-worth individuals in accordance with the law. The Inspection Bureau of the State Administration of Taxation subsequently issued a document stating that it would strengthen the supervision of high-income earners in key areas such as equity transfers. The Measures for Administration of Individual Income Tax on Income from Equity Transfer (for Trial Implementation) (SAT Announcement No. 67 of 2014, hereinafter referred to as "Announcement No. 67") is the main policy basis for the tax-related treatment of individual equity transfers at present, and provides regulations on individual equity transfers in terms of income from equity transfers, recognition of the original value of the equity shares, and management of tax declarations, etc. Announcement No. 67 is the main policy basis for the tax-related treatment of individual equity transfers. Circular 67 is a general provision on the transfer of equity interests by natural persons, but under the complex commercial arrangements in practice, the application of income tax on equity transfers in some cases is highly controversial, which may expose high-income earners to administrative or criminal risks.2799ViewsNov. 20, 2023, 8:45 p.m.