On February 11, the Intermediate People's Court of Jiujiang City, Jiangxi Province, held a hearing on behalf of the founder of Gongqingcheng Sailong Communication Technology Co., Ltd. (hereinafter referred to as "AQ Dragon" Finds that the facts are wrong, the applicable law is wrong, the crime of tax evasion on behalf of the smallholder is not established, and the acquittal is acquitted.
The case second instance also announced that Ancestral Dragon Company tax evasion was not established. The root cause of the referendum is that the court of second instance invited 'people with expertise' to court, on the appellant and prosecutors focus of the dispute, whether the total amount of taxable Including the amount of export tax rebates, made a professional explanation.
The tax authorities of Jiangxi Province said that the amount of export tax rebates should be included in the total amount of taxable, which means that previous generations of small sums of tax evasion in 2011, 2012 and 2013 accounted for the total amount of taxable profits, from about 12% The drastic drop to 1.14%, 1, 59% and 3.56%, far less than the relevant provisions of the law, the total amount of tax evasion more than 10% of the total taxable amount of criminal liability standards.
Dragon died because of controversy
October 30, 2017, a media from the media, "the founder was arrested bizarrely, the mystery of Shenzhen Ceylon dragon" article, said the total Qingcheng government loan, Gongchengchenglong communication capital chain break, businesses in trouble On behalf of the small amount of tax evaded 3.39 million were arrested.
On behalf of the second instance hearing of the case of small power was originally scheduled to be held in Intermediate People's Court of Jiujiang City on November 2, 2017 and then postponed for some reason. After the widespread concern on behalf of the small rights case, the relevant departments of Jiangxi Province dispatched officers to Gongqingcheng Investigate Race Dragon incident.
However, as of February 11, the relevant departments in Jiangxi Province did not publish the survey results.
On February 8, a reporter of China Business newspaper learned from relevant channels that on the night of acting on behalf of small-scale agents, he will handle the bail pending trial on behalf of small-scale rights.
On behalf of the small rights case has aroused widespread concern in domestic public opinion on October 31, 2017, Gongqingcheng city government said in a statement, due to the acquisition of Motorola, Google, Google lost market; dragon early 2013, its production and management plunged down, finance The situation deteriorated drastically into a business predicament and was completely discontinued in October 2013.
Some media quoted Xiaomin's lawyer Xie Min as saying that the government of Qingchengcheng did not agree with the actual situation. The Dragon crisis was triggered by the local bank's loan-taking.
Tax-exempt measures 'invalid'
"China Business" reporter previously obtained a Gongchengcheng Development and Opening up Zone Administrative Committee signed with the Dragon Shenzhen Company "Investment Contract Supplemental Agreement" (did not fill in the signing of the agreement) shows that the dragon project in Gongqingcheng Within 3 years from the date of putting into production, in addition to enjoying the preferential tax policies and the two-high policy of the state, the enterprise paying the enterprise income tax and value-added tax shall be refunded 80% of the subsidies given by Party A 5 years halved support, senior executives exempt from personal income tax within 2 years.
Reports from other media said that this clause was found by the court of first instance to be null and void in the first trial of the case of small power: 'Paying taxes according to law is an obligation of every citizen, and personal income tax takes the income as the taxpayer to pay the unit Or the individual is withholding agent; the exemption from personal income tax shall be subject to statutory provisions, and the clause "non-personal income tax exempt from statutory reasons is invalid clause."
Another big controversy about the event of the AQSIQ Dragon is the 120 million yuan export tax refund of Gongqingcheng Salon which should have been returned to Gongchengcheng Salon by the State Administration of Taxation. Finance Bureau forwarded, but the money has not been allocated to Gongqingcheng Salon company.How the local tax department why seize the money? Is the justification of seizure? Previously, this reporter had Gongqing City Finance Bureau and the IRS on The above questions were asked, when the two agencies said they should inquire the city spokesman.
At that time, Gongqingcheng City Spokesman's reply to this inquiry was: 'Is Celine really going to export so much, and it is unclear whether the tax rebate is still there.'