If a law firm recovers an invoice invalidation, it is necessary to understand its purpose, and generally the invalidation of the invoice must not be recognized as revenue, otherwise there is no need to go to great length.
So whether you can do this will have to look at it from different angles.
First of all, in terms of accounting treatment, if the customer does not pay, the key to whether the invoice can be recovered to offset the accounting income is whether the recognition conditions of accounting income are met. If the business has met the conditions for revenue recognition, even if the payment cannot be recovered, the revenue cannot be written off, and only the credit impairment loss can be recognized.
That is, if you meet the conditions for revenue recognition, you should also recognize revenue if you don't issue invoices.
Secondly, in terms of VAT, the key to whether the invoice can be recovered as invalid or the red invoice issued to offset the VAT revenue is:Whether the transaction triggered other conditions other than the issuance of invoices in the conditions for the occurrence of VAT tax liabilityThat is, whether the taxable act occurred and the payment was received (including in the process), or although the payment was not received, the payment date determined in the written contract was reached. If no written contract is signed or the written contract does not specify the date of payment, the tax liability shall occur on the day when the transfer of services or intangible assets is completed or on the day when the ownership of the immovable property is changed.
To put it simply, if the VAT taxable behavior has not occurred but the VAT invoice has been issued first, the tax liability shall be incurred first in accordance with the provisions of the VAT Law. However, if the invoice is issued first and the payment is not made, a red invoice can be issued to offset the VAT taxable income. And for the services that have been provided to meet the VAT tax liability, you definitely need to declare and pay taxes.
Here's a case!
Facts of Illegality:
Your unit had a commercial dispute with it due to an objection to the performance of the "Steel Purchase and Sales Contract" by *** Commerce and Trade, in December 2021 and March 2022In the absence of relevant laws and regulations, the 18 special VAT invoices that have been issued to the downstream units and trading companies have been invalidated and red-flushedAmong them, 9 special VAT invoices issued in December 2021 (** code 3200212130, invoice number 30687526-30687534) were invalidated in violation of regulations in the same month, with an amount of 82780258 yuan, the tax amount is 10761434 yuan, the total price and tax 93541692 yuan;
The 9 special VAT invoices issued in September, October and December 2021 (**code 3200211130, invoice number 60614566-60614570, 60614576-60614578, **code 3200212130, invoice number 30687535) issued in September, October and December 2021 were redflushed in violation of regulations, and the amount was 76441141 yuan, the tax amount is 9937349 yuan, the total price and tax 863784$90 .
Jiangsu Luxin***'s above-mentioned illegal matters, false declarations, and under-declaration of taxable income 159221399 yuan, evading the corresponding tax, the act is tax evasion.
Final Punishment:
According to the first paragraph of Article 63 of the Law of the People's Republic of China on the Administration of Tax Collection and Collection (Order No. 049 of 2001 of the President of the People's Republic of China), the false declaration of your unit is tax evasion, and the value-added tax, urban construction tax and enterprise income tax evaded by your unit shall be punished by 1 time 304532A fine of $46.
Third, in terms of enterprise income tax, whether the enterprise income tax income can be offset should also pay attention to whether the business has reached the time point of enterprise income tax revenue recognitionIf the time point of income recognition stipulated in the tax law has been reached and cannot be returned, the enterprise income tax income must be recognized, and the recognized enterprise income tax income cannot be reversed。The Notice of the State Administration of Taxation on Several Issues Concerning the Recognition of Enterprise Income Tax Income (Guo Shui Han [2008] No. 875) stipulates that if an enterprise can reliably estimate the results of the labor service transaction at the end of each tax period, it shall adopt the completion progress (completion percentage) method to recognize the labor service income. If the service has already been provided, the recognized corporate income tax income cannot be deducted. For those that cannot be recovered, the loss can be recognized in accordance with the law for pre-tax deduction.
Therefore, if the customer does not pay, you will rush the invoice, and there are still risks, such as the risk of delayed recognition of income and delayed declaration of VAT income tax.
For the recipient, you should also grasp whether the seller should invoice you or not.
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