Can I get my back taxes?
In the process of operation, the company will more or less encounter the situation of paying back taxes, so can the back taxes be returned?Below, let me tell you a small case:
In September 2019, Qinghai Lake Automobile Trade Company purchased a batch of Guangqi Honda cars from Shanghai Hongqiao ** Company, Qinghai Lake Automobile Trade Company and Shanghai Hongqiao ** Company have signed a formal purchase and sale contract, and settled the payment for the batch of cars in accordance with the agreement, Shanghai Hongqiao ** Company issued a corresponding VAT special invoice to Qinghai Lake Automobile Trade Company, and Qinghai Lake Automobile Trade Company deducted this batch of input tax invoices, due to "eleventh ** week" It is the peak season of car sales, and Qinghai Lake Automobile Trade Company has purchased all Honda cars in this batch.
In July 2023, Qinghai Lake Automobile Trading Company received a letter of assistance from the local tax authority, which verified the business authenticity of the batch of Guangqi Honda cars purchased by Qinghai Lake Automobile Trading Company from Shanghai Hongqiao ** Company in September 2019. The next day, the company will purchase the original contract of the batch of cars, the original copy of the purchase invoice and the original deduction copy, the bank payment receipt of the batch of cars, the vehicle warehousing order, the freight payment voucher, the dispatch order of the transport fleet, the driver's license and the driver's bank receipt for the sale of the batch of vehicles, and the invoice sold to the individual. All bookkeeping-related vouchers and other original vouchers were sorted out according to the frame number of each vehicle, and all the original vouchers were provided to the local tax authorities on the third day.
Two days later, the local tax authorities issued a formal tax-related document to Qinghai Lake Automobile Trade Company, requiring Qinghai Lake Automobile Trade Company to transfer all the input tax deducted from the batch of Guangqi Honda cars purchased from Shanghai Hongqiao ** Company in September 2019 before the tax declaration date on the 15th of this month. The reason is: according to Announcement No. 38 of the State Administration of Taxation in 2019, Article 4 of the Announcement on the Management of Abnormal VAT Deduction Vouchers and Other Related Matters stipulates that the special VAT invoices issued by taxpayers are suspected of being falsely issued and failing to pay consumption tax in accordance with the provisions of the big data analysis, which are included in the scope of abnormal vouchers. Item 3 Article 1 stipulates that if the special VAT invoice obtained by a general VAT taxpayer is included in the scope of abnormal vouchers, and the input VAT has been declared for deduction, unless otherwise specified, the input VAT shall be transferred out. Paragraph 3 Article 5 stipulates that if a taxpayer has any objection to the abnormal voucher identified by the tax authority, he may submit an application for verification to the in-charge tax authority. After verification by the tax authorities, taxpayers can continue to declare and deduct if they meet the current relevant regulations on VAT input tax deduction.
Later, after the implementation of Qinghai Lake Automobile Trade Company, the legal representative of Shanghai Hongqiao ** Company has been criminally detained for fraud and tax evasion, and the bank account and account books have been seized.
At this point in the story, do you think that Qinghai Lake Auto Trade Company can still apply for a refund from the local tax authorities for this part of the tax that has been transferred out of the input tax?