A few days ago, China Department Store Business Association and Shi Feng Group's Li & Fung Research Center released a report saying that about 70% of more than 100 samples of enterprises specializing in department stores have launched online sales channels, and the sales model of department stores has been further expanded.
In practice, many large department stores often have a wide business scope, diverse business models and huge business volume, and tax risks are often "hidden". From the author's practical experience, department stores can effectively diagnose tax risk doubts and eliminate tax risk hidden dangers in advance by combing and analyzing account balance tables and combining with other accounting materials.
situation
Company A is a department store co., Ltd., 1994 was changed from the original state-owned enterprise to 65438+February. Its registered type is a non-listed enterprise with relative state holding, and it is a general taxpayer of value-added tax. The collection method is audit collection, with 30 branches (stores) and 2 subsidiaries under its jurisdiction.
The enterprise belongs to the jewelry retail industry, mainly engaged in the sales of gold, platinum, diamonds, jewelry, jade, gold and silver coins, gold bars and investment products; Jewelry processing; Recycling gold and gold ornaments. China Gold Coin Franchise Retailer and member of Shanghai Gold Exchange. Recently, the author combed the account balance tables of Company A from 20 16 to 20 19, and found out some tax risks of the company.
Other business income-promotion expenses
Is the applicable tax rate accurate?
There is an account of "other business income-promotion expenses" in the account balance table of Company A, which may involve the problem of "flat sales rebate". After combing, this income is the advertising promotion fee income charged by enterprises to manufacturers. When Company A organizes manufacturers to carry out promotional activities, it directly deducts the coupon amount actually used by customers from the money paid to the manufacturers, and issues a professional VAT invoice with a tax rate of 6% to the manufacturers in the name of "promotional fee", and calculates and pays VAT accordingly.
According to the Notice of State Taxation Administration of The People's Republic of China on the Collection of Turnover Tax on Some Fees Charged by Commercial Enterprises from Goods Suppliers (Guo Shui Fa [2004]136No.), all kinds of return income (calculated according to a certain proportion, amount and quantity) charged by commercial enterprises from suppliers should be deducted from the current VAT input tax according to the relevant provisions on flat sales rebate behavior. Therefore, it is incorrect for Company A to calculate and pay VAT at the tax rate of 6%, and the current VAT input should be deducted according to the tax rate of goods sold in that year. Enterprises should pay back the value-added tax of 3.58 million yuan and the additional tax of 430,000 yuan.
Other business income-repurchase expenses
Is the revenue recognition time delayed?
The economic behavior reflected by "other business income-repurchase fee" in the account balance table of Company A is its business of recycling old gold, that is, when the manufacturer entrusts Company A to repurchase old gold, Company A prepays the payment, and the manufacturer pays the payment and expenses when taking delivery. "Other receivables-old gold recovery" reflects the amount of old gold recovery business. According to the account balance table, in 20 18, Company A earned 406,000 yuan in repurchase fees, but the amount of old gold recovery business in that year was as high as 280 million yuan. Such a large amount obviously does not match the fee income of several hundred thousand yuan.
It is understood that the enterprise actually confirms the expense income according to the billing time required by the manufacturer. According to the Provisional Regulations on Value-added Tax and related tax policies, the tax liability for selling taxable services occurs on the day when the service is provided and the sales amount is received or the sales invoice is obtained. Company A should confirm the realization of income when it is entrusted by the manufacturer to buy old money from customers, confirm the amount of commission receivable according to the entrustment contract between the two parties, and ask for sales vouchers, instead of confirming the occurrence of tax obligation when issuing invoices. Finally, the enterprise should pay back the value-added tax of 6.5438+0.56 million yuan and the enterprise income tax of 26.65438+0.3 million yuan.
Trade old gold ornaments for new ones.
Is the consumption tax paid in full?
According to Article 7 of the Notice of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China of the Ministry of Finance on Relevant Issues Concerning the Adjustment of Consumption Tax on Gold and Silver Jewelry (Caishuizi [1994] No.95), the tax basis for collecting consumption tax should be determined for the gold and silver jewelry sold by taxpayers in the form of trade-in (including renovation and restructuring). Therefore, the processing fee charged by the enterprise for trade-in business should be calculated and paid together with the actually received price excluding VAT, and the corresponding urban maintenance and construction tax and education surcharge should be calculated and paid.
According to the calculation, Company A's old-for-new processing fee is 20115000 yuan, and the accrued consumption tax, urban maintenance and construction tax and education surcharge are 13400 yuan.
Discount trading is a special sales behavior. When dealing with this kind of business, department stores should pay attention to all kinds of fees charged to consumers, such as refining fees, processing fees, material loss fees, etc. All of them are included in the tax basis of the current consumption tax, and the value-added tax and consumption tax are accurately calculated and paid.
Tax payable-stamp duty payable
Are there any outstanding stamp duties payable?
The account amount of "tax payable-stamp duty payable" in company A's account balance table is extremely small. The company's financial staff said that according to business needs, raw material procurement transactions were conducted with the Shanghai Gold Exchange through the online trading platform, and no standard contract was concluded for each transaction, and each transaction was delivered in kind through the bill of lading; In addition, when cooperating with jewelry processing enterprises and joint ventures, due to frequent transactions and long cooperation time, no standard contract was signed and delivery was made only by bill of lading. None of these transactions paid stamp duty.
According to the Provisional Regulations on Stamp Duty in People's Republic of China (PRC) and the Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on the Interpretation and Provisions on Certain Specific Issues of Stamp Duty (Guo Shui Fa [199 1] 155No.), all contract documents that clearly define the relationship between supply and demand of both parties shall be sealed as required. When an enterprise applies for a certificate of contract nature, it shall pay stamp duty in accordance with the tax item of "purchase and sale contract". Stamp duty payable for jewelry processing is 6.5438+0.5 million yuan, stamp duty payable for outsourced finished products is 8.65438+0.5 million yuan, and stamp duty payable for joint venture goods is 654.38+0.10.5 million yuan.