Will all private transfers be audited?

Author | Ziqian There is news that the Golden Tax IV will be re-launched on August 1, and that public account transfers to private accounts and tax avoidance by private accounts will be heavily scrutinized. According to sources close to the insiders, the Golden Tax IV realizes the big data, the enterprise information is more transparent, and the enterprise and the bank and many other departments to establish a joint mechanism, joint monitoring of the enterprise operation. During this period, once a company is found to have a problem with its accounts, the relevant departments will cooperate with each other to pull out the data and carry out the final verification audits and administrative penalties. For this reason, some companies utilize private accounts to send and receive payments and make financial transactions. However, the advantages and disadvantages of private transfer, and the disadvantages outweigh the advantages. The first harm is in the VAT. Through the private transfer is unable to issue VAT invoices, which leads to the enterprise can not deduct inputs, the company's VAT payable will increase in disguise, the final result is that the enterprise tax burden increased. Secondly, private transfer is also easy to lead to the risk of tax evasion. As the transaction fund flow is not clear and not recorded in the account, it is easy to generate tax declaration problems, leading to the risk of tax evasion and tax evasion. Third, it is not conducive to the standardized development of enterprises in the long run. Due to the lack of separation between public and private, it will cause confusion in the accounts of the enterprise in the long run, which is not conducive to the financial compliance of the enterprise. Based on the various risks that exist in private transfers, in order to avoid enterprises hiding part of their income through private transfers, or large receipts but not invoicing, or in turn, more invoicing to customers and other chaotic phenomena, including the Golden Tax IV, including the new tax audit policy to strengthen the data review. Overall, one is to verify whether the data is abnormal through the data declared by enterprises. Second, through the correlation check, check the enterprise bank account, the enterprise related personnel's bank account, upstream and downstream enterprises related book data, from the comparison to find out the clues. The third is to audit and compare the data of the enterprise with the revenue, cost and profit situation of its peers, so as to find out the anomalies with a huge gap and inconsistency between the name and reality. In this process, the following three obvious situations will be the focus of the tax department audit. After the new tax net combing, the public account transfer more than 2 million; the private account transfer amount of domestic more than 500,000 yuan, the private account transfer amount of foreign transfer more than 200,000 yuan; the public account in the short term frequently to the private account transfer, or the company often received private account transfer, these three more obvious situation will be the tax department of the focus of the audit and crackdown. In addition, there are some more hidden situations, the tax department will find a breakthrough from the indirect angle, and then directly hit the core of the problem. For example, first, a small-scale enterprise, but often appear tens of millions of dollars of capital flow, and transfer in and out of the abnormal situation more, in batches to focus on transferring out and transferring in more cases. Secondly, an enterprise frequently opens and closes accounts, and there is a large amount of capital activity before the account is closed. Third, the account that has been idle for a long time is suddenly activated and accompanied by a large amount of capital activities. These three types of situations are more insidious, and require horizontal and vertical comparison of the enterprise's capital flow, comparison of the enterprise's historical data and industry data, in order to obtain clues, is the focus of the tax department in recent years to explore and strengthen the aspects of the audit. Can a private transfer across the board? Interviews, many business leaders believe that the enterprise is their own, the company's money is their own money, so the use of private transfers do not have any problem. It is based on this concept, there are many companies in our country will be public and private accounts are not divided. Unbeknownst to them, if a company transfers funds directly to a personal account through a private account, or is suspected of misappropriation or misappropriation of company assets, it is very easy to violate Articles 271 and 272 of the Criminal Law, the crime of misappropriation of functions and the crime of misappropriation of funds, which will ultimately cost more than it is worth. Therefore, the person in charge of the enterprise should actively update the concept of tax payment and establish correct cognition, so as to avoid administrative penalties and other losses. At present, China's tax monitoring system is already very powerful. Since the beginning of Golden Tax Phase III, the system has added the function of automatic comparison, that is to say, whether there is any abnormality in the operation of the enterprise and whether the invoice and declaration data are true, the system will automatically compare and analyze. Once there is any abnormality, such as a low tax rate, the system will automatically warn the tax department in the office to make a preliminary judgment on which enterprise is suspected of tax evasion. In addition, the information *** enjoyment mechanism is being strengthened. The information of banks and tax bureaus in many places in China has been realized **** enjoyment, so it is very convenient for the tax department to have the need and want to check the fund changes of a private household. In the past two years, financial institutions around the world have increased their cooperation with tax authorities, anti-money laundering agencies, and public security departments, and private households that transfer funds too frequently are facing stricter monitoring of their transactions. But are all private transfers subject to audit? The answer is no. In fact, the "private to private" transfer is not advocated, but the public account to the private account transfer, in line with the actual business case is allowed, the specific circumstances include the following kinds. First, the employee's salary payment. The owner of the company is not advocated to use "private to private" transfer, but can be "public to private" transfer. Smaller companies, you can use the public account, in the payroll day, by the financial pen by pen will be forwarded to the employee's personal account; larger companies, you can take the form of the bank on behalf of the bank on a fixed date in accordance with the list of wages will be forwarded to the employee's personal account. Secondly, travel expenses can be collected using a private account. Employees in advance of travel expenses, or subsequent reimbursement of travel expenses, you can through the "public to private" form of expenses forwarded to the employee's account. During this period, employees need to pay attention to retain relevant materials to prove the authenticity of travel expenses, including the name of the traveler, time, location, purpose of travel, payment vouchers and so on. The third is the distribution of shareholders' profits, for example, a company transfers 500,000 yuan on the account to the individual shareholders, which is the income from dividends after the 20% dividend and bonus tax has already been paid. Fourth, income from labor compensation. Now China's flexible form of employment is increasingly hot, many enterprises have taken the form of "labor compensation" to pay wages to employees. For example, when an enterprise pays 200,000 RMB to an individual, it can transfer the money to the private account through the public account, and the 200,000 RMB is the after-tax remuneration after paying the tax on remuneration for labor. Fifth, purchasing from natural persons. Enterprises are allowed to purchase goods and other materials from individuals, and when an enterprise purchases from an individual, the specific amount can be transferred to the individual's private account. However, in this mode, the individual needs to go to the tax office to invoice, so that the enterprise in the financial processing, so that the cost of the purchase money can be deducted before tax, in order to achieve the purpose of tax savings. Which industries are more likely to be audited? The use of private transfers to hide the company's income, underpayment of taxes, once investigated, the tax is small, but also to pay a lot of late fees and tax administrative fines, and if it constitutes a crime, but also criminal responsibility, can be said to be more than worth losing. However, there are still many companies that take the risk and try the law. However, after combing through the new tax network, it can be found that the larger the scale of the enterprise using the private account transfer situation is less, the use of private account transfer enterprises are those wholesale and retail, real estate sales, construction, car sales enterprises. This kind of enterprises or small scale but huge water, to the private transfer space; or to the natural person procurement, batch transfer centralized transfer, adapt to the characteristics of the private transfer, so often become the high incidence of private transfer tax evasion area. In this regard, People's Bank of China Hangzhou Central Sub-branch issued a notice pointing to the four major industries in Zhejiang Province wholesale and retail, real estate sales, construction, automobile sales, respectively, to determine the four major industries enterprise large amount of cash cash withdrawals standard; guide the banking financial institutions in the handling of the business, for the above four major industries exceed the amount of cash withdrawals, to guide the use of non-cash payment methods, to eliminate the use of cash through the private household transfer. Eliminate the risk of private transfers through cash. In fact, it is entirely possible for the above four industries not to use private transfers to avoid taxes. Such industries often ignore the national tax law concessions and new tax reduction policies and do not understand the importance of tax planning. It is important to know that if these enterprises can pay attention to and make use of tax planning, there are actually many ways to realize reasonable and legitimate tax avoidance and burden reduction. Specifically, tax planning methods include, first, you can set up a consulting center for sole proprietorship enterprises. This center can provide consulting services for the parent company, and the parent company will pay, for example, 5 million yuan of consulting fees, and the approved comprehensive tax rate is only 5%, thus realizing tax avoidance. Secondly, the brand center of the sole proprietorship can be set up. Put the parent company's patents, etc., by the parent company to pay the relevant brand authorization fees, such as 2 million yuan, after approval of the tax rate is only 5%, which can be reasonable and legitimate "cash". Third, business owners can also sell their assets to the company. For example, a car selling price of 300,000, the old car price is lower than the original price of the car will be tax-free, resale, in fact, the car is still driven by the boss himself, and all the related expenses can be reimbursed, so as to realize the cash and legal tax avoidance. It can be seen that tax planning and other tax saving knowledge, as opposed to desperate measures, the use of private accounts to collect money and other forms, is a more compliant, legal and safe form of tax saving. As long as the company strengthens tax planning and makes good tax design, it can reasonably help the company to save money and maximize the revenue of the enterprise. And with the launch of the Golden Tax IV, the previous behavior of avoiding taxes by pretending to transfer money from private accounts will be subject to stricter restrictions. Previously, the People's Bank of China has also issued a notice on the abolition of enterprise bank account licenses, cracking down on enterprises opening multiple accounts, indiscriminate opening of accounts, leasing, lending, selling accounts, requiring that only one basic account can be opened. The Shenzhen Central Sub-branch of the People's Bank of China has also strengthened the control of the use of personal accounts for business income and expenditure behavior, requiring that the source and use of business income from personal accounts be set out. Nowadays, with the accelerated operation of the Enterprise Information Network Verification System and the pilot implementation of large-value cash management, it has become increasingly difficult to utilize private account transfers for tax avoidance. Although from the perspective of financial regulation, there is no saying that the transfer of money between public and private accounts is necessarily risky (there is no risk first of all depends on whether it involves large transactions or suspicious transactions category), but do a good job of tax planning, the enterprise can be completely in compliance with the legal basis for the cooperation of the external individual to achieve the settlement of salaries and fiscal optimization, which is the key to avoiding tax risks, tax savings move.