1. Debtors often omit VAT and business tax matters during debt restructuring. The omitted value-added tax payment occurred in the debt restructuring in which the debtor used physical assets such as inventory, machinery and equipment to offset the debt. Some companies believe that paying off debts with physical assets such as inventory, machinery and equipment is two different things from selling goods, and therefore do not need to pay VAT. This view is wrong, because using physical assets such as inventory and machinery and equipment to pay off debts is essentially using the proceeds from the transfer of inventory and machinery and equipment to pay off debts. According to the "Interim Regulations of the People's Republic of China on Value-Added Tax", the transfer of goods also falls within the scope of value-added tax. Therefore, when an enterprise as a debtor uses physical assets such as inventory, machinery and equipment to repay the debts of creditors, and debt restructuring occurs, it should not only perform accounting treatment for debt restructuring, but also account for payment of value-added tax, and at the same time complete the accounting within the prescribed time limit. The tax department declares taxes. It should be noted that the tax payable is calculated by multiplying the fair value determined by a court ruling or in accordance with prescribed procedures by the corresponding value-added tax rate. The omission of business tax payment occurs in debt restructuring that is offset by intangible assets such as patent rights. When an enterprise as a debtor cannot use monetary assets to repay debts owed to creditors in accordance with the original contract, but instead uses its own trademark rights, patent rights, proprietary technology use rights and other intangible assets to repay debts as determined by the court, the Business tax matters should be handled. In actual work, they believe that business tax should not be paid, which is also incorrect. Because this debt restructuring method of compensation is essentially the transfer of intangible assets from the debtor to the creditor. According to the "Interim Regulations of the People's Republic of China and the State on Business Tax", any transfer of intangible assets shall be subject to business tax at a rate of 5%. Therefore, when a debtor enterprise uses its own proprietary technology and other intangible assets to compensate for debt reorganization, it cannot only carry out corresponding accounting treatment, but also must carry out accounting treatment of the business tax payable and go to the tax department to pay taxes according to regulations. matter. 2. Creditors often omit deed tax matters during debt restructuring. This situation mainly occurs when the debtor uses his own house or land to pay off the debt owed to the creditor. According to the "Details of the Interim Regulations of the People's Republic of China and State Deed Tax", the use of land and house ownership to offset debts is deemed to be the transfer of land use rights and house ownership, and the successor is the taxpayer. Therefore, the creditor as the inheritor is the obligor to pay the deed tax. When this kind of debt restructuring occurs, the creditor must not only do the accounting treatment for the relevant debt restructuring, but also do the accounting treatment for the deed tax payable and pay the deed tax collection department according to the prescribed time limit. 3. Debtors and creditors often omit stamp duty payment matters at the same time during debt restructuring. This is a mistake that most companies are prone to make in debt restructuring practice. According to the "Interim Regulations of the People's Republic of China on Stamp Duty", whenever a purchase and sale contract or a property transfer document is written, the person who makes the contract and the person who writes the document is the taxpayer of stamp tax. Therefore, except for debt restructuring that is determined by the court, no matter which of the above debt restructuring methods occurs, the creditor and debtor must follow certain procedures and finally sign a written agreement on debt restructuring before debt restructuring can be implemented. As for this kind of debt restructuring agreement, depending on the method of debt restructuring, it either falls within the scope of a purchase and sale contract, such as a debt restructuring agreement that is compensated in kind with inventory, machinery and equipment, etc.; or it falls within the scope of a document that transfers property ownership, such as with Compensation of intangible assets such as patent rights, or a debt restructuring agreement that converts debt into capital; or a written agreement that has both the nature of a purchase and sale contract and the nature of property ownership transfer, such as a hybrid of the above two methods. Therefore, as long as the above-mentioned debt restructuring is not ruled by a court but is caused by a written agreement signed by both the creditor and the debtor, the creditor and debtor shall conduct accounting treatment of the stamp duty payable and the due payment at the same time as the accounting treatment of the debt restructuring. The tax department handles the payment of stamp duty. Just pay attention to calculating the amount of stamp duty payable according to different methods, different properties and different tax rates.

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