Tax trap in the hottest contract

  • Detail

Tax traps in contracts according to statistics, the average performance rate of contracts signed by Chinese enterprises is only about 40%. The design of the contract involves many legal issues. The taxpayers consider this aspect more when signing the contract, but seldom notice the great relationship between the contract design and taxation. In real life, taxpayers often regret after signing the contract, because there are great tax traps. But it was too late to regret, because the contract had already produced legal effect and could not be modified without legal procedures. Therefore, we remind taxpayers to pay attention to the tax when designing the contract

I. purchase contract

the enterprise shall carry out normal production and operation activities, and cannot purchase raw materials and fixed assets. Generally, the following clauses will appear in the purchase contract: after the full payment is made, the supplier 5. Valid width: 150mm will issue an invoice. This clause has certain tax traps, because in real life, due to quality, standards and other reasons, the purchaser often does not pay the full amount, which will not be able to obtain invoices and deduct according to the contract, thus affecting the tax burden. In fact, the planning here is very simple. As long as the contract terms are changed to: the supplier issues an invoice according to the actual payment amount, there will be no such problem

in the procurement process, enterprises often face different taxpayers, and the tax law has different provisions for different taxpayers. For example, small-scale taxpayers cannot issue invoices, and goods purchased from small-scale taxpayers cannot deduct taxes. Therefore, we should deepen practical cooperation with the EU and Russia in the field of raw materials. When signing contracts, enterprises should determine what each specific payment includes in the price and how to deal with the payment of taxes. If the price of goods purchased from small-scale taxpayers is lowered through negotiation

II. Sales contract

when an enterprise sells goods, the general practice is to treat the total amount of goods as sales. According to the provisions of the Provisional Regulations on value added tax and the detailed rules for the implementation of the Provisional Regulations on value added tax of the people's Republic of China (hereinafter referred to as the detailed rules for the implementation of the Provisional Regulations on value added tax), the tax obligation of 143cpm of friction speed occurs when the goods occur, and the value-added tax shall be paid. In fact, not all goods are sold in cash. It may be that the payment for some goods can be recovered many years after they are delivered, or even the sales payment for some goods has bad debts or bad debts. In this way, the seller will pay the tax in advance for nothing. In fact, as long as the contract terms are changed to: take the actual payment amount as the sales revenue, issue the VAT invoice, and use the unpaid part as the loan, and pay the interest on schedule, the problem will be solved

different sales settlement methods have different tax liabilities, which also provides conditions for tax planning. If the taxpayer chooses the settlement method of not issuing invoice without receiving the payment for goods, it can achieve the purpose of delaying tax payment, that is, it can avoid selling goods by means of delegated collection and payment commitment and delegated collection settlement, and prevent paying taxes in advance; Try to sell goods by cheque, cashier's order and exchange settlement; If the payment for goods cannot be received in time, the settlement method of credit sale or installment collection shall be adopted

in addition, the handling method of the package deposit when selling goods will also affect the tax burden of taxpayers. The seller should calculate the package deposit and the goods sales amount separately in the contract, otherwise it may pay more taxes. In addition, the sales amount with different tax rates should be accounted separately, especially when the sales of goods include tax-free items

III. enterprise restructuring contract

enterprise restructuring includes the merger and separation of enterprises. Merger and acquisition are two common forms. In M & A activities, it is easier to solve the problems of creditor's rights and debts, which are usually clearly stipulated in the M & a contract. It is easy to overlook that there are often no relevant provisions on who should bear the tax. And the tax can not be classified as either debt or debt, which often leads to the acquirer to bear more tax

in M & A activities, we should also pay attention to the payment method in M & A. In international tax practice, if the acquirer pays in cash or corporate bonds, the shareholders of the merged company shall pay tax immediately when they receive cash; However, if the acquirer pays with its voting shares, the shareholders of the merged company can be exempted from tax when they receive the shares of the acquired company. The profits and losses will be calculated after the shares are sold and the tax will be paid as capital gains. Therefore, to the shareholders of the merged company, the payment of shares can get the preference of delaying tax payment and reducing tax burden

IV. labor and employment contract

China's tax law stipulates that the wages paid by taxpayers to employees shall be deducted according to the taxable wage standard, and the part exceeding the standard shall not be deducted. Therefore, when an enterprise signs a labor contract with an individual, it is best not to determine the total amount paid in the form of wages in the contract. The feasible way is to divide the wages into several parts. For example, if the salary is divided into basic salary and allowance, some of the allowance can be fixed, and some can be left in the form of overtime pay, Shandong Huayu can increase the deduction and reduce the payable amount in the sample enterprises with the best quality of molten aluminum and the highest alloying rate in China Aluminum electrolytic aluminum enterprises. Another form of wage payment is the provision of benefits to direct employees. The provision of welfare can not only reduce the tax burden of enterprises, but also reduce the tax burden of employees. In addition, the payer of the individual income tax on the employee's salary should be determined in the contract. Finally, it is a good tax planning method to determine a reasonable bonus payment method in the labor and employment contract to avoid excessive concentration of bonus payment, so that the bonus can be applied to a lower tax rate

planning for labor contracts, including whether to sign contracts. Although the individual income tax law has different provisions on the income from wages and labor remuneration, which belong to the same labor income, the division between the two is not clear in the actual collection and management. The provision of individual income tax is that if the individual and the unit sign a

Copyright © 2011 JIN SHI