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DAGON TAX, located in Shenzhen, has a team of experts in the field of tax law, focusing on professional services in the fields of corporate compliance, high-net-worth private, financing and M&A, capital market taxation, tax dispute resolution, international taxation, transfer pricing and anti-avoidance response.
【 Tax Dispute Resolution Department 】
The purpose of this column is to share relevant articles in the field of tax audit response, and we can provide assistance for enterprises to self-check; Coordination of tax-enterprise relations; assistance with tax hearings; Tax administrative reconsideration assistance; Tax administrative litigation and other services.
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Recently, the Guangdong Provincial Department of Science and Technology, the Guangdong Provincial Department of Finance, and the Guangdong Provincial Taxation Bureau of the State Administration of Taxation announced a notice on canceling the qualifications of 56 high-tech enterprises including Guangdong Dianba Technology Co., Ltd.
Not only will these enterprises not be able to continue to enjoy the preferential corporate income tax rate of 15%, but they will also be subject to the tax incentives they have enjoyed since the year in which they do not meet the recognition conditions, as well as the financial incentives and subsidies they have received for obtaining the qualification of high-tech enterprises. There is even a risk of being held criminally liable for fraud.
In the above-mentioned case, the intermediary colluded with the applicant enterprise to sign a "service agreement" entrusted to apply for the identification or cultivation of high-tech enterprises, and fraudulently obtained subsidies. In the end, the actual controller was criminally detained on suspicion of fraud. In relevant cases, the public prosecution determined that the relevant persons constituted a joint crime based on the role of the company and the intermediary agency and the mode of cooperation, and divided the principal and slave according to the roles and status of the two parties in the fraud and compensation matters.
From the perspective of taxation, the common audit directions are: income from high-tech products (services); Intellectual property; proportion of scientific and technological personnel; R&D expense collection; Final settlement, etc. The identification and maintenance of high-tech identity is a coherent work, and enterprises should dynamically pay attention to whether the relevant indicators meet the identification conditions, and do a good job in normalized tax risk management and control.
If a high-tech enterprise is qualified through a business spin-off, it is also necessary to pay attention to the fairness of the pricing of related party transactions, as detailed in the article "Tax-related Risks of Related Party Transactions".
Compliance advice
The preferential tax policy for high-tech enterprises is of great significance for enterprises to reduce tax costs and improve operating profits, especially for listed companies. However, under the general trend of slowing macroeconomic growth, in order to ensure the national fiscal revenue, the competent authorities will inevitably moderately tighten the tax incentives and increase the inspection of the implementation of the subsequent tax preferential policies. The difficulty of maintaining the high-tech qualification of high-tech enterprises during the validity period and the subsequent tax risks of back tax and late payment of fees caused by tax inspections have also risen sharply. The ability of most high-tech enterprises to resolve crises is very weak, and some high-tech enterprises are in a hurry and at a loss when they receive the notice of high-tech inspection.
After the enterprise obtains the high-tech qualification, it needs to do a good job in the establishment of the R&D project and write the project report; Do a good job in the auxiliary account of R&D expenses to ensure that the proportion of R&D expenses meets the high conditions; Pay attention to the re-identification of high-tech enterprises and the changes in related indicators in a timely manner; Actively fill in and submit statements and report on major changes in the enterprise; Be prepared to be spot-checked at any time; improve the tax management system of enterprises. It is also necessary to hire tax-related professional institutions as corporate consultants to actively respond to the tax-related risks of business operations.
Written by: Caizi
Typesetting: Chen Wen
Headline Douyin public account: Dagong Tax
The content of this article is for general information purposes only and does not constitute the provision of any professional advice or services. Nothing provided herein should be construed as formal tax, accounting, or legal advice.
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