Nine Major Tax Misunderstandings For Listed Companies

Before P > IPO, the legacy of tax history needs to be repaid.

Listed companies usually encounter some tax legacy problems, such as the personal income tax disputes involved in the restructuring of shares, the unpaid, less paid or delayed payment of previous tax payments, the exemption and approval of some tax exemption and exemption, and too radical tax planning arrangements, such as keeping Li Yun in overseas Off Shore Company.

< /p >

< p > tax avoidance of restricted sale shares may be recovered.

The relevant departments have issued new regulations to explicitly levy 20% personal income tax on the restricted sale of natural persons.

But some taxpayers use various tax avoidance tricks, such as artificially adjust the sending and pferring date to pfer the high pfer unit to avoid personal income tax, and use the restricted stock to buy ETF fund shares to avoid the pfer of restricted income personal income tax.

The pfer of restricted shares involves a huge amount of tax, which implies a great tax risk.

< /p >

< p > regulation of assets impairment is easy to become a tax inspection target.

For certain needs, "asset impairment preparation" has also become a tool for enterprises to manipulate profits.

In the case of heavy losses, enterprises in order to avoid losses for several consecutive years, often make big losses in the reporting loss year, in order to "light up the battle array".

In the case of small profits, the actual loss of enterprises in order to escape from difficulties, by adjusting profits, making losses become small profits.

A large number of assets impairment losses are easy to be focused on.

< /p >

< p > pfer pricing has no reasonable commercial purpose and has three taxes.

In the course of daily operation, listed companies often carry out capital pactions and internal pactions with their subsidiaries. Some companies are considering normal capital allocation and tax considerations, but some companies do not for such purpose, but rather pfer the benefits that should be obtained to minority shareholders of their subsidiaries.

Local tax departments at all levels have certain discretion in reducing their taxable income or income, but if the pfer pricing adjustment amount is not paid to the adjusted enterprises, this part of the adjustment amount will be recognized as a red interest payment, and it can not be exempted from withholding income tax.

In addition, when the enterprise is in a tax relief period, the pfer pricing adjustment may lead to the early termination of the reduction period.

< /p >

< p > prepayment of related enterprises < a href= "http://www.91se91.com/news/index_c.asp" > buying and selling business < /a > hiding the suspicion of tax evasion.

If a listed company pays through prepaid accounts with related enterprises, it may be for the purpose of financing that the prepayment should be used to conceal the truth of the mutual borrowing funds and then evade the enterprise income tax arising from the payment of interest income from loans.

In this regard, the tax authorities have the right to check their lending income according to the borrowing rate of the bank at the same time, and impose business tax according to the Provisional Regulations of the applicable business tax according to the tax items of the financial industry.

In addition, the interest generated by the loans paid to the upstream enterprises has nothing to do with their production and operation. The tax authorities will also adjust the taxable income of the downstream collection enterprises, and ask for the payment of the tax.

< /p >

< p > tax policy changes result in the recovery of taxes.

< a href= "http://www.91se91.com/news/index_c.asp > > tax policy < /a > changes refer to the uncertainty of the statute of state tax law.

As mentioned in the prospectus of Hai Puri, it has enjoyed preferential policies for enterprise income tax in Shenzhen from 2000 to 2007. However, the preferential policy does not have any national laws, administrative regulations or relevant regulations of the State Council, so there is a possibility of additional taxes and fees being withdrawn.

< /p >

< p > inflated income will pay taxes and fines.

A false increase in sales revenue of listed companies is one of the main means of making false performance.

The main means of making false are: fictitious customers, virtual sales, virtual sales based on real customers, making sales revenue with special relationship with certain companies, making improper sales segmentation, adjusting sales revenue, confirming sales revenue in full with the conditional delivery products, and recognizing the income in the presence of major uncertainties in asset control.

< /p >

< p > > a href= "http://www.91se91.com/news/index_c.asp" > pre tax deduction < /a > no invoice to increase taxable income.

If a listed company has signed a contract with a cultural pmission company for a sum of $10 million, no invoice will be included in the cost.

The company should pay attention to: 1., the pre tax deduction must be confirmed by legal ticketing credentials.

2., facing the risk of tax payment.

Since the cost of the white rod can not be deducted before tax, the taxable income shall be increased and the enterprise income tax shall be paid.

3. is facing the risk of tax administrative penalty because it fails to obtain invoices in accordance with regulations.

< /p >

< p > accounts receivable shall be deducted from the pre tax deduction and the enterprise income tax shall be paid.

The bad debts incurred by an enterprise can only be deducted from the year when the loss occurs. It must not be advanced or postponed, and it must be declared to the relevant tax authorities within 15 days after the end of the year.

In case of non calculation or other objective reasons, the loss of bad debts that the enterprise has not declared in time may not be deducted from the overdue period.

The current accounts between affiliated enterprises shall not be identified as bad debts.

However, the accounts receivable between the affiliated enterprises are bankrupt by the court, and the liabilities of the bankrupt enterprises are not enough to be liquidated after being bankrupted by the court. After being examined by the tax authorities, the creditors' enterprises should be allowed to deduct the losses of the bad debts before tax.

< /p >