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What Penalties Will Be Given For False Reporting Of Losses?

2011/1/28 10:51:00 40

The circular on the application of the tax law on false reporting of losses by enterprises ([2005]190) stipulates that enterprises' false losses refer to

enterprise

The amount of loss declared in the annual enterprise income tax return is greater than the amount calculated according to the tax provisions.

If an enterprise intentionally misrepresents a loss, it shall apply the first paragraph of the sixty-third paragraph of the tax collection administration law (hereinafter referred to as the "tax collection and administration law") in the year of the year or in the relevant year.

That is: taxpayers forge, alter, concealment, destroy books or bookkeeping vouchers without authorization, or spend more or less on the account books, or do not list or list less income, or refuse to declare or declare false tax returns through tax authorities' notice.

For taxpayers evading taxes, the tax authorities shall recover the taxes that they do not pay or pay less, late fees, and impose a fine of not more than 50% or more than 5 times the tax that is not paid or paid less. If a crime is constituted, the criminal liability shall be investigated according to law.

If the withholding agent adopts the means listed in the preceding paragraph, fails to pay or underpays the tax already withheld or collected, the tax authorities shall recover the tax paid or overdue paid or not paid by the tax authorities, and impose a fine of 50% or more than 5 times the tax that is not paid or paid less. If a crime is constituted, the criminal responsibility shall be investigated according to law.

Enterprises enjoy the preferential tax exemption from enterprise income tax or false report in the year of loss.

loss

If the act does not cause unpaid or less paid taxes in the same year or in the relevant year, the provisions of the first paragraph of article sixty-fourth of the tax administration law shall apply.

That is: taxpayers and withholding agents fabricate false basis for tax assessment, the tax authorities shall order them to make corrections within a prescribed time limit, and shall be less than 50 thousand yuan.

fine

。

If a taxpayer fails to make a tax declaration, fails to pay or undertakes the tax payable, the tax authority shall recover the tax paid or the late fee paid by the tax authorities, and impose a fine of not less than 50% or less than 5 times the amount of taxes paid or not paid.