Enterprise liquidation refers to an economic activity in which the property, creditor's rights and debts of the enterprise are comprehensively checked, the creditor's rights are collected, the debts are paid off and the remaining property is distributed after the enterprise is dissolved according to the articles of association and the operation is terminated due to bankruptcy or other reasons.
What does enterprise liquidation mean?
Hello, classmate, I'm glad to answer your questions!
It refers to the economic activities of conducting a comprehensive inventory of the property, creditor's rights and debts of the enterprise, collecting creditor's rights, paying off debts and distributing the remaining property after the enterprise is dissolved according to the articles of association and announced to terminate its operation due to bankruptcy or other reasons.
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What does it mean to do project liquidation in the real estate industry? What are the procedures?
Issues related to land value-added tax liquidation management of real estate development enterprises
In order to conscientiously implement the spirit of the document "Notice of State Taxation Administration of The People's Republic of China on Issues Related to Land Value-added Tax Liquidation Management of Real Estate Development Enterprises" (Guo Shui Fa [2006]187), Beijing Local Taxation Bureau, in combination with the specific conditions of our city, respectively issued the Notice on Printing and Distributing the Measures for the Administration of Land Value-added Tax Liquidation of Real Estate Development Enterprises, Beijing Local Taxation Bureau [2007]138, and the Notice on Relevant Issues Concerning the Standard of Deducting the Value-added Tax of Commercial Residential Land on the Management of Land Value-added Tax upon Completion Liquidation of Real Estate Development Enterprises.
I. New Provisions on the Measures for the Administration of Land Value-added Tax Liquidation of Real Estate Development Enterprises
(a) all enterprises engaged in real estate development should go through the formalities of clearing land value-added tax for real estate development projects, including real estate development projects that have not been taxed with land value-added tax in advance, and the new measures for the management of land value-added tax liquidation are applicable.
(II) The real estate development projects that go through the land value-added tax liquidation procedures are targeted at the real estate development projects in the Registration Form of Land Value-added Tax Projects initially filled in by taxpayers. If there are both ordinary standard residential projects and other commercial housing projects in a liquidation project, the value-added amount shall be accounted separately.
(3) Taxpayers should submit the Land Value-added Tax Settlement Appraisal Report issued by intermediary agencies when handling the formalities of land value-added tax settlement (hereinafter referred to as the Appraisal Report, see Annex 1 for the standard format).
(4) Conditions for land value-added tax liquidation
1, where one of the following circumstances is met, the taxpayer shall go through the land value-added tax liquidation procedures with the local competent tax authorities:
(1) All completed and sold real estate development projects.
(2) The overall transfer of unfinished real estate development projects.
(3) projects that directly transfer land use rights.
(4) Real estate development projects where taxpayers apply for cancellation of tax registration.
2, in accordance with one of the following circumstances, the competent local tax authorities may require taxpayers to carry out land value-added tax liquidation:
(1) The real estate development project developed by the taxpayer has passed the completion acceptance, and the construction area of the real estate development in the whole pre-sale (sales) has reached more than 85% (inclusive) of the total saleable construction area.
(2) The sales (pre-sale) license has not been completed for three years.
(3) Real estate development projects that need to be settled by land value-added tax after problems are found by the competent local tax authorities in tax assessment.
(5) For commercial houses built by real estate development enterprises, if they are used for their own use or rented for more than one year before they are sold, they will no longer be included in the scope of land value-added tax liquidation, and land value-added tax should be paid in accordance with the policies and regulations on the transfer of old houses and buildings.
(VI) Any taxpayer who meets the conditions for land value-added tax liquidation shall file an application for tax liquidation with the competent local tax authorities within 90 days, and truthfully fill out the Application Form for Land Value-added Tax Liquidation (see Annex 2). After being approved by the competent local tax authorities, it can go through the formalities for tax liquidation upon completion.
(7) For real estate development projects that require taxpayers to go through land value-added tax liquidation procedures, the competent local tax authorities shall issue a Notice of Land Value-added Tax Liquidation (see Annex 3) and serve it on taxpayers. Taxpayers shall, within 30 days from the date of receiving the Notice of Land Value-added Tax Liquidation, fill out the Application Form for Land Value-added Tax Liquidation and submit it to the competent local tax authorities. After being approved by the competent local tax authorities, the tax liquidation procedures shall be handled within 90 days.
1, project completion liquidation statement, current financial accounting statement (including: income statement, sales schedule of major development products (projects), cost table of completed development projects), etc.
2, the state-owned land use right certificate.
3. Relevant certificates of the land price paid when obtaining the land use right and the assignment or transfer contract of the state-owned land use right.
4, liquidation project budget, budget estimate, project contract statement.
5. Relevant certificates and loan contracts that can pay loan interest according to the liquidation items.
6. Relevant certification materials for the sale of commercial housing, in the form of statistical table of commercial housing purchase and sale contract with official seal, include: building number of sales project, room number, sales area, sales income, use, etc.
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What does enterprise liquidation mean?
Hello, classmate, I'm glad to answer your questions!
It refers to the economic activities of conducting a comprehensive inventory of the property, creditor's rights and debts of the enterprise, collecting creditor's rights, paying off debts and distributing the remaining property after the enterprise is dissolved according to the articles of association and announced to terminate its operation due to bankruptcy or other reasons.
I hope the answer from Gao Dun Online School can help you solve the problem. More questions related to USCPA are welcome to be submitted to Gao Dun enterprises.
Gao Dun wishes you a happy life!
What does liquidation of enterprise state mean?
The enterprise is in a state of bankruptcy and liquidation due to poor management.
What do you mean, my friend's company has settled?
It's company liquidation, right? If the company has no business, it should be liquidated before cancellation, that is, the current accounts of the company should be processed, and the inventory should also be processed. Finally, only the paid-in capital, capital reserve and undistributed profits of monetary funds, fixed assets and equity are left on the books, which will be distributed to shareholders in proportion.
What does voluntary liquidation mean?
Voluntary liquidation refers to the private liquidation of the company by the debtor and the creditor without going through formal bankruptcy procedures. Since the company must reach an agreement with all creditors, voluntary liquidation is usually limited to companies with fewer creditors. Voluntary liquidation can avoid many bankruptcy costs, and creditors can get a higher proportion of repayment.
The ultimate goal of the company's liquidation is to sell the company's assets, and the proceeds are first used to repay debts, and the rest are distributed to shareholders. With the end of liquidation, the company was dissolved. From the perspective of selling assets, divestiture is a special case of liquidation, and it is a partial liquidation. Company liquidation is divided into compulsory liquidation and voluntary liquidation. Compulsory liquidation is bankruptcy liquidation, which is the liquidation of the company forced by the court (usually requested by creditors); Voluntary liquidation is a liquidation initiated by the shareholders of the company. The premise of voluntary liquidation of companies is that enterprises must be dissolved, but not all enterprises must go through liquidation procedures. There is a process from dissolution to the final demise of the company, which is the process of voluntary liquidation.
What is liquidation fund?
Settlement Fund settlement fund, also known as settlement fund, refers to the current accounts receivable, temporary payment, payable and temporary receipt due to production and business activities of an enterprise, such as sales receivable, materials payable, other receivables and other payables.
Satisfied, please adopt
What does the development of bank card clearing market mean?
Bank card settlement refers to the process of fund settlement and transfer between banks and banks, and between banks and merchants who accept cards after bank card holders use their cards to spend or pay. Liquidation includes the bank-to-bank, the bank-to-other bank, the bank-to-merchant, the merchant-to-bank, etc.
Eligible domestic and overseas institutions can participate in China's bank card clearing market, improve China's bank card clearing service level through market competition, and accelerate the reform, opening up and innovation transformation of the payment service market.
The only exclusive institution in China that operates the RMB transaction processing and capital settlement system of bank cards is China UnionPay. With the opening of the market, more "UnionPay" will be released.
What is the difference between the two concepts of enterprise dissolution and liquidation?
Dissolution refers to the procedure of terminating a company's legal person qualification for reasons prescribed by law. Different legislative cases determine the different connotations and extensions of dissolution. The reasons for dissolution stipulated in the company law of many countries include bankruptcy, such as Germany and Japan, but these countries often have independent bankruptcy laws to regulate bankruptcy and bankruptcy liquidation. However, dissolution and bankruptcy are juxtaposed in China's company law, and both of them are regarded as the reasons for the termination of the company. Therefore, dissolution in China refers to the state and process that the company stops its business activities because of the dissolution reasons other than bankruptcy stipulated by law, and then it is liquidated. This is because the bankruptcy law of China is about to be formulated. In order to ensure the unity of the bankruptcy system, it is necessary to avoid making separate provisions on bankruptcy in the company law. Because the company has an independent personality, and shareholders are not jointly liable for the debts of the company, the activities of the company when it withdraws from the market and destroys itself should be strictly regulated by law and monitored by stakeholders such as creditors, so as to ensure that the legal interests of all parties can be met in a fair order. These rules and orders are embedded in several important institutional platforms by law, which are the dissolution system, liquidation system and bankruptcy system of the company. In this regard, the legislative participants of the new company law have carefully understood the essential requirements of the market economy system, repeatedly tortured the various characteristics of China's actual environment, thoroughly reviewed the successes, setbacks and lessons since the implementation of the company law in 1993, repeatedly compared and weighed their words, and made every effort to be standardized, reasonable and feasible, and to fill the gaps and resolutely refuse to take the unreliable ones. There are three reasons for the dissolution of the company stipulated in the Company Law of 1993, 1, when the business term stipulated in the articles of association expires or other reasons for dissolution stipulated in the articles of association appear; 2. The shareholders' meeting resolves to dissolve; 3. The company is dissolved due to merger or division. The new company law still retains these three reasons, but the wording is succinct and standardized. For example, the original "the company can be dissolved under any of the above circumstances" is changed to "the company is dissolved due to the following reasons", and the last word "when" in Article 1 and the last word "de" in Article 3 are deleted. Because the name of the authority of the joint-stock company is changed to "shareholders' meeting", "is added to Article 2. Summarizing the shortcomings of the reasons for dissolution left by the Company Law in practice, and ensuring the integrity of the legislative system, the new Company Law directly stipulates that "a company that violates laws and administrative regulations and is ordered to close down according to law shall be dissolved, and the relevant competent authorities shall organize shareholders, relevant authorities and relevant professionals to set up a liquidation team to carry out liquidation" as administrative compulsory dissolution, namely, "its business license is revoked, it is ordered to close down or it is revoked according to law". However, if the Company Law of 1993 stipulated that the company was ordered to close down, it was obviously inappropriate for the relevant chief officials to organize the liquidation. The relevant authorities themselves were very uncertain. Under the market economy, the company no longer had a "mother-in-law" type authority. No one could tell who it was. According to logical understanding, it seems to be the authority that made the decision to close down the company, such as the environmental protection department and the industrial and commercial administration authority that revoked the company's business license. Liquidation is the handling of the creditor's rights and debts left by the company. The administrative organ does not have proper reasons and power to handle such civil affairs. Because of fear of involving itself in civil troubles, the administrative organ's determination to enforce the law will be frustrated. It is correct to cancel this regulation this time. However, some companies in special industries, such as securities companies, banks, insurance companies, etc., have been ordered to close down or cancel by the * * * authorities, and their business activities before dissolution involve the interests of thousands of investors, so they need to be arranged by the * * * authorities in accordance with special procedures, which is stipulated by special laws. There are two cases of administrative compulsory dissolution of a company abroad: one is that * * * brings a lawsuit to the court to dissolve the company, which is decided by the court; the other is that * * * directly orders the dissolution of the company, including revoking the business license. Under the social environment of our country, it is stipulated that the revocation of business license, order of closure and revocation are directly made by the administrative organ. If the company concerned refuses to accept the decision of the administrative organ, it can bring an administrative lawsuit to solve it. Law enforcement agencies and economic industry supervision agencies that are directly responsible for the maintenance of social and economic order, market access and the protection of social public interests have the right to dissolve the company according to law.
A serious flaw in the system arrangement of company dissolution in the Company Law of 1993 is that there is no provision for judicial dissolution, which also shows the legislation of our country at that time ..... >; >