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The advent of the "Golden Tax Phase IV" era has put forward higher requirements for corporate shareholders to carry out legal and compliance restructuring, and shareholders must understand the company's tax-related risks in advance and take corresponding countermeasures.
1. Key control of "non-tax business".
We see that the end point of "tax governance by numbers" in the "fourth phase of the golden tax" is no longer based on invoices. Even if the "Golden Tax Phase III" also relies on the background support of big data, but after all, it is still based on bills, and some companies can still avoid legal regulation to a certain extent with the help of clever and concealed "false invoicing" means, but the "Golden Tax Phase IV" tax supervision system can jointly check the financial data and tax payment of the seller enterprise through the upstream chain of the invoice, and then compare the invoice amount with the cost amount through big data technology analysis, so as to find abnormal data such as false invoicing and duplicate accounting.
Therefore, the company must strengthen internal control and establish compliant rules and regulations. Shareholders must formulate relevant systems to strictly restrain the departments and personnel responsible for invoicing, and never allow the occurrence or even spread of the situation of ignoring the risks related to invoicing for the sake of immediate interests. Only when all departments reach a consensus and work together can we better stay away from risks.
Secondly, the company cannot avoid taxes by maliciously reducing the tax burden of the enterprise, or use illegal means to obtain special VAT invoices that are inconsistent with its own economic business. Enterprises must achieve the purpose of reasonable tax avoidance through legal tax planning.
Finally, the company must obtain legal and formal invoices and prevent non-compliant invoices from being recorded.
2. The act of "concealing income" will be declared bankrupt.
In reality, many companies will conceal their income by collecting money through personal accounts, WeChat and other third-party payment platforms because the client allows the other party not to provide invoices. This is a typical off-the-books operation, and the risk of off-the-books operation is huge, this phenomenon is common in e-commerce enterprises, but with the implementation of the "fourth phase of the Golden Tax", the personal card flow of shareholders, legal persons and other executives related to the company will become the focus of supervision. At present, many e-commerce companies are being punished with huge penalties for concealing income.
In addition, some shareholders will adopt the "yin-yang contract" and "related party transaction" models to maliciously plan to evade individual income tax, which requires them to bear a higher tax burden due to the large amount involved. The use of "yin-yang contracts" to disguise the true transaction amount can hide part of the income and thus avoid paying taxes.
The "Golden Tax Phase IV" system can compare and analyze the financial indicators of enterprises in the same industry through the financial and operating indicators such as the company's income and costs, and warn of abnormal situations, and at the same time audit and check through the corporate bank account, the bank account of the relevant personnel of the enterprise, the relevant account book data of upstream and downstream enterprises, and the income, cost and profit of the same industry. Therefore, shareholders should pay special attention not to try to conceal income by means of non-compliance, and must control the actual tax rate at a reasonable level through reasonable business planning.
3. It is not advisable to transfer public accounts to private accounts.
Some shareholders of the company transfer the company's official account to their personal accounts in the name of "reserve funds", and even do not return them after the deadline. Or the enterprise can achieve the purpose of tax avoidance by establishing multiple companies, distributing bonuses to executives and shareholders in a decentralized manner, or directly using off-the-books income to pay bonuses. Although the ownership of the company belongs to the shareholders, the profits of the company must be distributed to the shareholders of the enterprise and the natural person shareholders after paying the corresponding corporate income tax or individual income tax.
After the launch of the "Golden Tax Phase IV", the analysis and monitoring function and information sharing system have added the monitoring of shareholders' bank accounts and insurance accounts, and it is no longer possible to avoid taxes by dispersing bonuses or using shareholders' personal cards to collect money.
This requires enterprises to be standardized and accurate in the process of handling accounts. Public accounts must be distinguished, public accounts can only be used for enterprise operations, and legal risks can be relatively controllable through normal declaration and tax payment. If the collection and payment of public and private accounts is truly unavoidable, the enterprise should hire professional legal counsel to consult and assess the relevant risks, with a view to making effective responses. If it is a tax risk, you can also hire a tax professional team to adjust and plan the structure, and make a legal and compliant tax-saving plan.
Fourth, put an end to inflated costs.
"Inflated costs" simply means that the cost is inflated without obtaining a compliant note. There are many corporate shareholders who are unable to obtain compliant bills for expenditure or have high corporate profits, so they directly inflate costs in order to reduce the "book profit", thereby reducing the corresponding proportion of income tax, and enjoying the preferential income tax policy for small and micro enterprises in violation of regulations.
Under the supervision of the "fourth phase of the golden tax", the invoice data of these enterprises can be seen at a glance in the supervision system of the tax bureau, especially the "all-electric invoice" that is about to be fully popularized, which requires enterprises to reasonably plan their own business areas, obtain compliant invoices, and spend before tax, so that the profits and tax rates of enterprises meet expectations.
Therefore, in the past, it was easy to trigger the warning of the "Golden Tax Phase IV" system by falsely issuing invoices without actual transaction content, falsely listing wages and salaries, etc., and thus causing verification by the tax authorities.
Fifth, preferential policies should not be abused.
In different periods, the state often sets aside certain preferential policies for "relatively weak" enterprises, such as the VAT exemption policy for small-scale taxpayers, the preferential income tax policy for small and micro enterprises, the additional deduction policy for R&D expenses, the VAT refund for software enterprises, and the policy of two exemptions and three halves of income tax. And many shareholders of companies with higher incomes take advantage of tax revenues'Offers'policy, the establishment of subsidiaries or affiliated companies, the income and profits to the tax depression, but the real business is still the responsibility of the head office.
Since the announcement of the Ministry of Finance and the State Administration of Taxation on the collection and administration of individual income tax on income from equity investment and operation (Announcement No. 41 of 2021 of the Ministry of Finance and the State Administration of Taxation), the review of the operating income of equity investment partnerships has become more stringent. Sole proprietorship enterprises and partnership enterprises that hold equity investments, such as equity and property shares of partnerships, shall be subject to individual income tax by means of audit and collection.
After the fourth phase of the Golden Tax is launched, the information verification system supported by big data and the sharing system with the ministry can analyze whether the "depression" has real performance and whether it is related to other companies outside the depression. Once the system is put into use, tax incentives are no longer a tax haven, and enterprises should plan reasonably according to their own business to meet the relevant conditions for enjoying preferential policies, so as to achieve a reasonable level of tax burden control and enhance the competitiveness of enterprises.
Sixth, put an end to the large-scale zero declaration of individual income tax.
At present, the threshold of China's individual income tax is 5,000 yuan, and many shareholders in order to increase the management cost of the enterprise, find a lot of heads to fill the number, declare wages through the individual income tax system, and do not pay the corresponding social security, all wages are paid in cash, and there is no valid wage payment certificate.
Long-term declaration in accordance with the minimum standard, and then reduce the social security payment base in the form of off-the-books wages, will lead to the off-the-books wages cannot be deducted in the enterprise income tax, increase the tax cost of the enterprise, force the enterprise to conceal income, and cause greater tax legal risks.
7. It is crucial to strengthen the supervision of legal payment of social security.
At present, the boundaries of the employment model of some enterprises are blurred, and there are cases where employees are not registered, changed and cancelled in a timely mannerEmployees are not paid social security during the probationary periodThe wage and salary base of enterprise social insurance is inaccurate.
In the electronic declaration of individual income tax, the data of the electronic tax bureau of natural persons is comprehensive in the information age, the golden tax data is compared with the data of enterprises and individuals, and once there is a problem with the social insurance payment of the enterprise, the system will determine the screening object according to the suspicious data.
With the rapid advancement of the fourth phase of the golden tax, as well as with the continuous deepening and penetration of tax big data, the supervision will only become more and more stringent, and all shareholders must make it clear that the standardization of social security is an inevitable trend, and promoting enterprises to take the initiative to reasonably standardize social security payment is a key step in the governance of enterprises.