The live broadcast e-commerce industry is experiencing a tax storm. Following Sydney and Lin Shanshan, Wei Ya, the “live-broadcasting sister”, was also fined a sky-high price for tax evasion. According to the Beijing News, Huang Wei (Weiya) falsely declared tax evasion by concealing personal income and changing the nature of the income by fictitious business, and was charged with tax collection, late payment fines and fines totaling 1.341 billion yuan. After the punishment was announced, Wei Ya issued an apology letter saying that it would actively raise funds to complete the payment of taxes, late fees and fines within the specified time. Wei Ya’s husband and Dong Haifeng, chairman of Qianxun Holdings, also issued an apology letter on Weibo, stating that he knew that “I am not professional in taxation, so I hired a so-called professional organization to help us with tax coordination and compliance, but later discovered these so-called There are problems with legal and compliance tax co-ordination.” “Transfer business” as a shortcut to tax evasionTax law is one of the legal categories closest to us. At the same time, for most people, the complicated tax laws are daunting. Even in the legal circle, tax lawyers and tax compliance review still have high industry thresholds. There is no systematic study of tax law, and there is no rich tax-related legal practice. Even if you obtain a legal professional qualification, you are still a layman in the field of tax-related legal affairs. For business operators, hiring professional institutions to conduct tax compliance reviews is the norm. Whether it is an operator or a flexible employment group, they may not have a reserve of tax expertise, but they must not lack common sense of taxation and legal knowledge. When some seemingly “professional” organizations encourage their clients to evade tax in the name of “tax co-ordination,” “legal tax evasion,” and “reasonable tax avoidance”, they should keep their heads clear and firmly hold on to the bottom line of not breaking the law. According to the information released by the Hangzhou Taxation Bureau of the State Administration of Taxation, Huang Wei has been incompletely rectified after being found to be suspected of major tax evasion by taxation big data analysis and assessment, and despite repeated reminders and urges by the taxation department. The case was filed for investigation. In other words, with regard to taxation issues in emerging industries, the taxation department did not directly initiate the penalty mode as soon as it came up, but instead followed the “reminding and urging” as the guide, fulfilling the obligation of reminding before the penalty was imposed. In addition to the case of Sydney and Lin Shanshan before the incident, the anchors of the live broadcast industry should learn from their lessons, quickly conduct compliance reviews and carry out thorough rectifications in accordance with laws and regulations, instead of letting some “professional institutions” take the lead, and they should also do it themselves. In the deep ditch, a road came to black. Tax evasion cases from Sydney, Lin Shanshan and Wei Ya all have similar operations. Both Sydney and Lin Shanshan set up a number of sole proprietorship enterprises in Shanghai, Beihai and other places, fictitiously converting personal wages and salaries and labor remuneration obtained from related enterprises into the operating income of sole proprietorship enterprises to achieve personal income tax evasion. the goal of. In this case of Wei Ya, Huang Wei also converted the commissions, pit fees and other personal labor remunerations obtained from live broadcasts through the establishment of a number of sole proprietorships and partnerships such as Shanghai Weihe Enterprise Management Consulting Center and fictitious businesses. False declarations for business income of the enterprise, thereby evading taxes.
▲On December 20, the Inspection Bureau of the Hangzhou Taxation Bureau of the State Administration of Taxation imposed a fine on Huang Wei (Weiya) for tax collection, late payment fees and fines.Picture/Screenshot of our video report from Beijing News
Why the live broadcast circle became the hardest hit areaWhy has the live broadcast industry become a concentrated outbreak of tax evasion? Why does the tax evasion method of changing the nature of income and turning personal labor income into business income have become an unspoken rule of the industry? The above-mentioned anchors who brought the goods “offended to the east” are the first, but only “offended to the west” are behind. In the end, the huge benefits of tax evasion and tax evasion are too tempting, and the risk of being punished seems to be asymmetrical. And looking around, the anchors’ sole proprietorships or partnerships abound. These market entities cannot be “presumption of guilt”, but “hidden rules” are always tacit in the industry. Once the “broken window effect” occurs, the entire industry will be affected, and it may even lead to related industries, such as the so-called tax coordination and compliance agency that specializes in tax evasion and tax evasion for leading anchors. In the Wei Ya case, whether it was just a matter of the husband and wife file of the anchor, or whether there were professionals or some institutional persons involved, it still awaits further information disclosure by the taxation department. The evil of tax evasion and tax evasion by anchors, and the evil of using professional methods to help anchors evade and evade taxes, are both industry cancers. If the anchor is a stream, the latter is the source. For anchors and flexible employees, taxation expertise may not be understood, but common sense of law-abiding is indispensable. Unable to resist the temptation, you must bear the legal responsibility if you go to battle yourself or use “professionals” to evade tax. It is believed that as the rectification of the e-commerce live broadcast is intensified, industry compliance will become the main theme.
Special Writer | Wang Lin (Legal Scholar)
Editor | Li Xiaoxiao
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