"Haining Leather City" Dealers Do Not Invoke Collective Supervision?
"P" not long ago, reporters unannounced visits to Tong Er Bao < a href= "http://www.91se91.com/news/index_f.asp" > Haining Leather City < /a > found that selling goods without invoicing and allowing consumers to pay for their own invoices has become a "clear rule" for most businesses, and fur and fur wholesale market has become a "serious disaster area" for tax offenders.
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< p > Shenyang people Miss Wu and Mama went to Tong Erbao Haining leather city to buy mink coats during the New Year holidays. When they asked for invoices after shopping, they were refused. "They say that this is the wholesale market, there is no invoice. If we must provide the invoice, we must make up the tax."
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Miss P inquired about several other stores, and the shop assistants said no invoices, and the clerk felt that Miss Wu had bought the marten and asked for an invoice. That is the Arabian Nights. "Where can I get the invoice for the wholesale market?" Miss Wu said, "asking for invoices is the right of consumers. Businesses do not give invoices to evade taxes or tax evasion. Obviously, they are not right. Their attitude is so tough, and the relevant departments should really manage it."
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< p > < strong > reporter's secret visit: no invoice has become "Ming rule" < /strong > < /p >.
< p > May 18th around 11, according to Miss Wu's complaint, the reporter came to Tong Erbao Haining leather city to make an unannounced visit in the name of mink purchase.
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< p > reporter noted that Tong Er Bao Haining leather town looked a little deserted, many shops were closed, others posted "sublet" notices on the gate.
"Now is not the season to sell mink, many shops are closed."
A salesperson told reporters.
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< p > in a shop on the 4 floor, the reporter asked for a 14000 yuan mink to ask whether the saleswoman could make an invoice, and the salesperson said yes.
At this time, the male boss sitting in the shop heard the dialogue between the reporter and the shop assistant and immediately said, "we are not invoicing the expense card. It is the receipt for the warranty card. If there is a problem with the mink, you can bring the receipt back."
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"P > see reporters puzzled, he explained again:" we are wholesale clothing market, unlike shopping malls shopping mall invoice, I am manufacturer's goods, wholesale, no invoice.
If you want the invoice, you can see that the mink is 14000 yuan, and then pay 15% of the tax point. "
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< p > reporters then visited several shops of different sizes on the 3 and 1 floors, and merchants said they had no invoices.
A shop assistant said they were in the "trial business" period, and there were no invoices.
Another shop assistant said that when the customers did not pay the price, they would "be generous" to remove the tax money, and they help the customers to pay taxes.
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< p > < strong > consumption risk: no invoice will lead to no claim /strong /strong >
< p > an industry insider told reporters that Tong Er Bao Haining leather city has an unwritten rule: when customers shop, they can not open the invoice, which not only leads to the loss of state revenue, but also poses a hidden danger to consumers' rights protection.
According to the industry, at present, dealers in Tong Er Bao Haining leather city are renting stalls instead of direct shopping centers.
Once the dealer expires due to the expiration of the lease or fails to operate the store, the store will often shirk its responsibility when the consumer finds that the quality of the garment is related to the negotiation.
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< p > {page_break} < /p >
< p > < strong > tax department: the specific situation is not clear < /strong > < /p >.
< p > the reporter interviewed the staff of Tong Er Bao sub Bureau of the National Tax Bureau of Haining city in the light of the behavior that the shops in Tong Er Bao City did not give consumers invoices.
The explanation of the staff is: "they should not receive tax registration, so they did not receive invoices to the tax authorities, so they could not provide invoices for consumers, but they should provide credit cards to consumers. Consumers could ask for credit cards from the business owners.
If business owners ask consumers to pay for their invoices, they should be afraid of losing money.
I don't know exactly. "
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< p > another staff member said: here is a normal tax collection, which is charged by the business area.
As for asking for invoices, it may be the quality of individual businesses.
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< p > "no invoice" is legal? The reporter called the Liaoning tax consultation hotline 12366.
The staff said, < a href= "http://www.91se91.com/news/index_q.asp" > leather merchants < /a > normal business but said "no invoice" or "time limit", these are the tricks of the business to prevaricate consumers.
In addition, the so-called "trial business" is a way of operation of an enterprise. It can never be done without paying taxes or trying to do business without the relevant license.
According to the regulations, all "trial business" merchants without certification will be treated according to tax evasion and tax evasion without paying taxes.
According to China's relevant tax laws and regulations, it is clearly stipulated that once a consumer consumes more than 10 yuan, no matter whether the consumer asks for an invoice, he must make an invoice. If a consumer consumes less than 10 yuan, he may not invoice, but if the consumer asks for an invoice, he must not refuse it.
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Before P press release, Tong Er Bao Haining leather city has entered the state of full decoration.
The leather city is temporarily closed, but the question mark has not been straightened out.
This newspaper will continue to pay attention.
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< p > < strong > [dialogue lawyer] < /strong > /p >
< p > < strong > refuse to invoice illegal "/strong > < /p >"
< p > on the difficulty of developing tickets, the reporter consulted Gao Yang, a lawyer of Liaoning Hua Jun law firm.
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< p > reporter: is it illegal for an individual business operator to get tax registration after obtaining a business license? < /p >
P: Gaoyang: the individual industrial and commercial households engaged in production and operation shall, within 30 days from the date of receiving the business license, hold the relevant documents and declare to the tax authorities for tax registration.
If a taxpayer has any late tax registration practice, it shall be dealt with according to the sixtieth provision of the tax collection and administration law, and shall be ordered to rectify within a specified time by the tax authorities. If the taxpayer fails to make corrections, the business administration organ shall revoke its business license by the administrative department for Industry and commerce.
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< p > reporter: is it lawful to refuse to provide invoices to consumers after shopping? Is it legal? < /p >
< p > Gaoyang: most consumers encounter such embarrassing things after buying goods or receiving services. When they ask the operators for formal invoices, the operators will ask consumers to pay taxes.
When asked why the operator wanted to collect the "Invoicing fee", the operator replied, "at present, the tax department implements the" tax system "for the individual operators. They pay taxes and fees once a month, and they pay more taxes if they make more invoices, so consumers ask for invoices to collect the Invoicing fees.
The explanation seems to be very good, but this practice is prohibited by our laws and regulations.
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< p > China's "Consumer Rights Protection Act" twenty-first clearly stipulates: "operators to provide goods or services, should be issued in accordance with relevant state regulations or business practices to consumers issued purchase vouchers or service documents; consumers ask for purchase vouchers or service documents, operators must issue."
China's "Regulations on dealing with infringement of consumer rights and interests" fourth article states: "consumers accept the goods or services provided by the operator, ask the operator for invoices, receipts, purchase cards, service cards, warranty certificates and other purchase vouchers or service documents, the business operators must issue, and shall not add any fees.
If a consumer asks for an invoice, the operator shall not replace it with receipt, purchase card, service card or warranty certificate.
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< p > it can be seen that invoicing is the statutory obligation of the operator, which is an illegal act without invoicing. At the same time, the invoice is also an important voucher for consumer rights protection. When consumers encounter quality problems after buying goods, they must provide relevant sales vouchers, that is, invoices.
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< p > reporter: if a business asks consumers to spend their own money on invoices, what should consumers do? < /p >
< p > Gao Yang: taxes and fees are fees paid by businesses as taxpayers according to their total business volume and should not be borne by consumers.
< a href= "http://www.91se91.com/news/index_cj.asp > > invoice > /a > is a kind of original proof that records business activities, and is an important basis for tax inspection.
Consumers' demand for invoices from businesses after consumption has two main functions: the state can fundamentally plug tax evasion loopholes and increase revenue; for consumers, when rights and interests are damaged, they can serve as strong evidence for safeguarding rights, especially for products such as future maintenance services, and consumers should obtain and retain good invoices.
In accordance with the relevant regulations of the state, the operator must voluntarily provide the invoices for consumers regardless of whether they are discounted or not.
Obtaining and providing regular invoices is the statutory right of consumers and the legal obligation of operators.
Consumers can easily fall into the trap of no "Three Guarantees" if they are not cheap enough to make invoices.
For example, some businesses engage in "pre tax price" without invoicing. This behavior violates the relevant provisions of the invoice management regulations and is suspected of evading taxes. It is a tax evasion act deliberately concealing the true sales amount. Consumers should report to the tax authorities when they encounter similar situations, and safeguard their legitimate rights and interests with the law.
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