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Can the tax authorities recover the unliquidated tax on changing the company into a partnership?
3579ViewsNov. 20, 2023, 8:27 p.m. -
Case: the issuing party was sentenced to life imprisonment for the crime of false invoicing, and the received party was sentenced to probation for illegal purchase
2274ViewsNov. 20, 2023, 8:23 p.m.
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In a nutshell: What are the tax risks for HNWIs as a result of tighter tax regulations?
In recent years, the regulation of personal income tax has continued to generate heated discussions, and has gradually developed into a troika of VAT, corporate tax and personal tax. Among them, the personal income tax of high net worth individuals has become a key concern of the state. HNWIs are under heavy tax pressure and have sufficient resources to assist them in tax planning, but in a time of tightening regulations, such "planning" may lead to huge tax risks. The purpose of this article is to shed light on the tax risks that HNWIs may be exposed to, for the benefit of the readers.3665ViewsNov. 20, 2023, 8:06 p.m. -
How to deal with the problem of historical tax arrears in different stages of enterprise bankruptcy?
"Everything has a beginning and an end" and the functioning of a business is no exception. Bankruptcy is a way for enterprises to liquidate and withdraw from the market. The legal bankruptcy procedures for enterprises to deal with their debts and liabilities in a compliant manner will help them to play the role of the market in the allocation of resources and better adjust their industrial structure. Taxation issues are a major difficulty in bankruptcy proceedings, which, if not dealt with effectively, will affect the conduct of bankruptcy proceedings and jeopardize the interests of creditors. As there is no clear provision in the existing high-level laws and regulations, the tax-related problems in bankruptcy have been dealt with differently in practice for a long time, and there is a big controversy. This paper intends to discuss the handling of tax arrears found by the tax authorities at different stages of enterprise bankruptcy as an entry point for reference.3800ViewsNov. 20, 2023, 5:55 p.m. -
Micro, small and medium-sized enterprises (MSMEs) should beware of five categories and sixteen tax risks today!
SMEs are waiting for recovery, tax compliance should not be ignored
After three years of epidemic, China's economy has shown a faster recovery trend since this year. According to the data recently released by Wang Jun, Director General of the General Administration of Taxation, the sales revenue of enterprises in the first quarter of this year has increased by 4.7% year-on-year, of which the purchase amount in March has increased by 14.1% year-on-year, and the sale of enterprises has also had a higher growth. It can be said that a large number of small, medium and micro enterprises are in the process of recovery in the "post epidemic" era and will usher in a phase of rapid development as the economy picks up, with an increase in the number of businesses, increased performance, and sufficient corporate capital flow. ......3373ViewsNov. 20, 2023, 5:42 p.m. -
A number of enterprises were canceled high-tech qualification, facing serious tax-related risks
In order to encourage mass entrepreneurship and innovation, and promote economic upgrading and development, enterprises in line with the provisions of the Administrative Measures for the Recognition of High-tech Enterprises are able to enjoy the enterprise income tax rate of 15% type of concessions, and at the same time, enjoy the extension of the number of years of loss carry-forward and other tax incentives. In recent years, a number of high-tech enterprise certification bodies to strengthen the supervision and management of high-tech enterprise qualification, has issued a number of cancellation of high-tech enterprise qualification announcements, enterprises face the risk of paying back taxes and late fees or even tax evasion. In this paper, from the identification requirements of high-tech enterprises, we list the common cases of high-tech qualification being canceled in practice, in order to suggest the risk for readers' reference.7085ViewsNov. 19, 2023, 12:53 p.m. -
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.2176ViewsNov. 19, 2023, 11:33 a.m. -
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.2897ViewsNov. 19, 2023, 3:07 a.m. -
Another anchor is evading taxes through a spiritual work platform, so why has spiritual work become a tool for tax-related offenses?
With the development of the new business economy, flexible employment as a brand new employment model has attracted much attention in the market. It has been reported that the number of flexibly employed people has reached more than 200 million in 2021, and the overall market size of China's flexible labor has reached 1.1 trillion in 2022 and 1.34 trillion in 2023. Flexible labor platforms are favored by local governments and enterprises as a platform that connects enterprises with freelancers, transforming the traditional employment relationship between enterprises and laborers into a cooperative relationship between enterprises and laborers, and serving both the functions of reducing enterprise costs and promoting employment. More than 1,000 flexible labor platforms in provinces such as Tianjin, Hunan, Jiangsu, Liaoning, and Jiangxi have obtained the qualification of commissioned collection. However, some of the flexible labor platforms have been suspected of tax evasion and false invoicing, and have been disqualified from collecting tax on behalf of enterprises, and are facing administrative and criminal risks. In this article, we will focus on the tax-related risks of flexible labor platforms with practical cases to help platform enterprises achieve tax compliance.2514ViewsNov. 19, 2023, 2:47 a.m. -
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
Article 63 of the Tax Collection and Administration Law provides for four situations that are recognized as tax evasion, including forgery, alteration, concealment, unauthorized destruction of account books and bookkeeping vouchers, overstating expenditures or omitting or understating revenues in the account books, and refusing to make a declaration or making a false tax declaration after being notified to do so by the tax authorities. Whether constitutes tax evasion is often related to the tax recovery period. In practice, due to the lack of clarity of laws and regulations, "failure to make a tax declaration" is tax evasion controversy, this article from a judicial decision, from the elements of tax evasion, the application of the recovery period and other perspectives to analyze this issue.2866ViewsNov. 19, 2023, 2:36 a.m.