Smart Industrial Empire
1312 Prepare to sue the government
"In addition, open an account in a Swiss bank again, transfer the money overseas, and not enter the country for the time being!" Anyway, the contract has not been announced, and even if the tax department came to check them, nothing could be found. …≦,
"Boss, if we do this, it will probably cause a lot of trouble. After all, part of the funds have already been credited to the account. In addition, our contract with amd has been fully announced..." Zhang Cui frowned Said.
Such a thing would indeed cause a lot of trouble.
The country's taxation system in this regard has never been very clear, even though independent intellectual property rights have been developed for decades.Zhang Cui has been engaged in finance for so many years. After knowing that the company signed a multi-billion dollar contract again, she began to lead the staff to check how the money should be taxed and how to avoid tax reasonably. Unfortunately, they couldn't find it at all. legal basis.
At the same time, the tax authorities could not find a legal basis for tax collection.
The transfer and authorization of technology patents are not normal business operations. It is about whether the transfer of intangible assets is in accordance with the normal business scope of the company. In China at present, there is no clear definition.
"So what if it's announced? Didn't the new regulations explain it? Ours is not computer software, nor is it a product!" Yun Fei said with a cold face. "Isn't there a tax exemption application? You didn't do this?"
For these policies, Yunfei did not study in depth.
There are people who specialize in these policies in the company, and there is also a huge team of legal consultants.
"For this project, the company's legal department has been looking for relevant legal provisions and policy guidelines since the agreement was reached. Our tax exemption needs to be reported to the Provincial Science and Technology Department for approval, but the provincial government believes that ours is a normal business activity of Longteng. They asked us to provide scientific and technological input in this area, and then pay the extra part according to value-added tax..." Zhang Cui said with a frown.
They have already considered these things.
However, there is no way to implement it in accordance with the new regulations. The above does not approve tax exemption procedures at all, so it has to pay taxes in accordance with relevant national laws and regulations.
in China.So far, there has not been a large-scale technology operation company like Longteng Company. After all, few companies can have a large-scale comprehensive research institute like Jiuyi Research Institute.
50 million U.S. dollars, equivalent to more than [-] billion yuan, such a huge tax can do a lot of things.The provincial government, which doesn't have much money in the first place, is naturally unambiguous about this.If the state finances have been handed over, a large part of the local finances can also be retained.
"What value-added tax to pay? This is not a product for sale! The country has no clear regulations on the transfer of intangible assets, so ignore them. If the tax department wants to collect taxes, let them come to me. In addition, let the legal department be responsible Someone came to look for me." Yun Fei was very angry.
If it is a normal business tax, Yunfei will not lose a penny.
My company has always been careful to pay taxes according to the regulations, but after the company has a financial problem, the domestic banks will not give them loans. Now that there are such huge contracts, they want to collect taxes.No one would be comfortable with such a thing.
Zhang Cui left Yun Fei's office with a worried face.
The company's legal department was originally managed by Merck Schiller International Law Firm, but later Yunfei was for convenience. After all, these foreigners are proficient in international law.However, they cannot fully understand Chinese laws, and everything has to be handled by Chinese lawyers, which will affect the company's huge legal consulting business.
Simply, Yunfei separated the legal department in China.The legal department with more than ten people only serves the company.
This department is in charge of Mo Haisheng, the first high-achieving student of the University of Political Science and Law. This guy has not made much contribution in the company. Why did he choose to go to sea?Yun Fei didn't bother to ask him, after all, this guy used to be a judge in the system, and his status was relatively high.
"Boss. Are you looking for me?" Mo Haisheng is in his 40s, and he doesn't know if it's because he uses his brain too much, and he has the baldness that is common to many middle-aged people.I have been in the company for such a long time, but I have not encountered any lawsuits about the company.
In China, problems are often not solved through laws.
"About the company's technology transfer agreement with amd and Intel this time, what advice does your legal department have?" Yun Fei was not polite, asking the well-known legal minister in front of him.
"Boss, we have discussed this issue many times. We have been thinking about countermeasures for the past few days. If we follow the Caishuizi [1999] No. 273 document, even if we do not pay taxes, we will not break the law. But this time Our contract is obviously because the amount involved is too large, more than 50 billion in taxes, the local government will never let it go..." Mo Haisheng said to Yun Fei.
In 1999, the local fiscal revenue of Bashu Province did not exceed 300 billion. How could they let go of such a huge amount of tax revenue?
This was what Mo Haisheng was most worried about.
In this regard, it can be said that Yunfei is breaking the law if he does not pay taxes, and it can also be said that it is legal for them not to pay taxes.
Legal or not, this is up to the judge's personal judgment.
"Then if this is the case, what tax do we have to pay? There is a reason why we don't pay the tax." Yun Fei was a little confused. "If we go to court, what chance do we have of winning?"
"Boss, if we file a lawsuit, we have no chance of winning. You are also very clear about the situation in our country. Such a huge amount of taxation accounts for a fraction of the entire province. Just the land tax has to be more than one billion. They I will not give up such a huge amount of income. The reason why I did not stay in the system at the beginning was because the government interfered too much in the legal system..." Mo Haisheng believed that Yun Fei knew the situation better.
After all, he has been in Yun's Holdings for more than two years, and he hasn't encountered any lawsuits for such a long time.
All of this is due to the relationship between Yun's Holdings and the local government, plus the relationship between Yun Fei and the leaders above.
Law is nothing more than human feelings.
What's more, Yun's Holdings acts in strict accordance with legal principles.
"There is no chance of winning? What if we leave out some things that have nothing to do with the law?" Yun Fei naturally understood what Mo Haisheng meant.
"We will have a [-]% chance of winning." Mo Haisheng said very confidently, "Moreover, this is likely to prompt the Ministry of Finance to pay attention to this issue. After all, in China at present, the high-tech industry is growing crazily like mushrooms after rain. Even without such a huge technology transfer business as ours, it won't be long before such problems may appear in our country..."
Yun Fei shook his head, but did not tell the very confident guy in front of him that in China in the future, there will be basically no cases of technology transfer exceeding 200 billion in more than ten years.
They Yun's holding company, that's Scorpion Baba - the only one.
"Then prepare to file a lawsuit." Yun Fei grinned, even if the government is unwilling to file a lawsuit with them, Yun Fei will take the initiative to file a lawsuit with the government.
"Who are we going to fight with?" Mo Haisheng was taken aback for a moment. He really didn't know what Yun Fei was thinking. Others were afraid of going to court. They had to take the initiative to cause trouble, and they still sued the government.The matter of suing the government is very normal for foreign countries, but in China, this matter is a bit outrageous.
"First report to the Department of Science and Technology, after all, they did not agree to sign on our tax exemption application. Then report to the tax department, they collect taxes randomly..." Yun Fei was really too idle.
Anyway, this matter does not require him to go to court. After the lawsuit, the person in charge of the company will be the plaintiff, and there will be a huge team of lawyers to fight the lawsuit with the government officials. How interesting is this excitement?How eye-catching?
Yun Fei didn't think it would be beneficial for him to keep a low profile.
After all, if you can't figure it out this time, there will be many such things about Longteng Technology Operation Company in the future.
It is simply impossible for him to pay taxes on his own initiative without fighting for himself honestly.
"..." Mo Haisheng was speechless for a moment, this boss is really not busy enough!
"Why, what's the problem?" Yun Fei couldn't help being dissatisfied when he saw that Mo Haisheng was silent and his face was full of distress.
"No..." Mo Haisheng hurriedly shook his head.
Even if there is any problem now, he can't say it. Anyway, even if he loses the case, it has nothing to do with him.
Yun Fei never thought that one day he would have a lawsuit with the government.I saw this kind of thing on the Internet before, saying that some individuals sued certain government departments, and the lawsuit was protracted, and it had to wait until the country carried out in-depth reforms to the government before it came to fruition.
But now, he didn't believe that something like this would happen in their company.
What he wants is not a result of winning the government, but hopes to promote the process of national legal construction.Only under a perfect legal system will his original worries disappear.Why can many people feel at ease abroad?Why are many people reluctant to come back after going abroad?
That's because foreign countries have always come in strict accordance with the law. It's not like in China. As long as a certain boss is unhappy, a word can make many people worse off.Even if the people below have evidence, they will be dragged down if they sue unscrupulous officials representing the government.He didn't want such a thing to happen to him.
He needs security.
The old man has now revoked his ban. Although he has completely offended the Japanese, and the Americans are also very unhappy with him, outside, as long as he has money, there is no problem in ensuring his own safety.
The most feared thing in this world is being assassinated by those underground forces. Castro was assassinated hundreds of times in his life, and he is still alive in the end.
And it is absolutely easy for the country to clean up someone. (To be continued..)
"Boss, if we do this, it will probably cause a lot of trouble. After all, part of the funds have already been credited to the account. In addition, our contract with amd has been fully announced..." Zhang Cui frowned Said.
Such a thing would indeed cause a lot of trouble.
The country's taxation system in this regard has never been very clear, even though independent intellectual property rights have been developed for decades.Zhang Cui has been engaged in finance for so many years. After knowing that the company signed a multi-billion dollar contract again, she began to lead the staff to check how the money should be taxed and how to avoid tax reasonably. Unfortunately, they couldn't find it at all. legal basis.
At the same time, the tax authorities could not find a legal basis for tax collection.
The transfer and authorization of technology patents are not normal business operations. It is about whether the transfer of intangible assets is in accordance with the normal business scope of the company. In China at present, there is no clear definition.
"So what if it's announced? Didn't the new regulations explain it? Ours is not computer software, nor is it a product!" Yun Fei said with a cold face. "Isn't there a tax exemption application? You didn't do this?"
For these policies, Yunfei did not study in depth.
There are people who specialize in these policies in the company, and there is also a huge team of legal consultants.
"For this project, the company's legal department has been looking for relevant legal provisions and policy guidelines since the agreement was reached. Our tax exemption needs to be reported to the Provincial Science and Technology Department for approval, but the provincial government believes that ours is a normal business activity of Longteng. They asked us to provide scientific and technological input in this area, and then pay the extra part according to value-added tax..." Zhang Cui said with a frown.
They have already considered these things.
However, there is no way to implement it in accordance with the new regulations. The above does not approve tax exemption procedures at all, so it has to pay taxes in accordance with relevant national laws and regulations.
in China.So far, there has not been a large-scale technology operation company like Longteng Company. After all, few companies can have a large-scale comprehensive research institute like Jiuyi Research Institute.
50 million U.S. dollars, equivalent to more than [-] billion yuan, such a huge tax can do a lot of things.The provincial government, which doesn't have much money in the first place, is naturally unambiguous about this.If the state finances have been handed over, a large part of the local finances can also be retained.
"What value-added tax to pay? This is not a product for sale! The country has no clear regulations on the transfer of intangible assets, so ignore them. If the tax department wants to collect taxes, let them come to me. In addition, let the legal department be responsible Someone came to look for me." Yun Fei was very angry.
If it is a normal business tax, Yunfei will not lose a penny.
My company has always been careful to pay taxes according to the regulations, but after the company has a financial problem, the domestic banks will not give them loans. Now that there are such huge contracts, they want to collect taxes.No one would be comfortable with such a thing.
Zhang Cui left Yun Fei's office with a worried face.
The company's legal department was originally managed by Merck Schiller International Law Firm, but later Yunfei was for convenience. After all, these foreigners are proficient in international law.However, they cannot fully understand Chinese laws, and everything has to be handled by Chinese lawyers, which will affect the company's huge legal consulting business.
Simply, Yunfei separated the legal department in China.The legal department with more than ten people only serves the company.
This department is in charge of Mo Haisheng, the first high-achieving student of the University of Political Science and Law. This guy has not made much contribution in the company. Why did he choose to go to sea?Yun Fei didn't bother to ask him, after all, this guy used to be a judge in the system, and his status was relatively high.
"Boss. Are you looking for me?" Mo Haisheng is in his 40s, and he doesn't know if it's because he uses his brain too much, and he has the baldness that is common to many middle-aged people.I have been in the company for such a long time, but I have not encountered any lawsuits about the company.
In China, problems are often not solved through laws.
"About the company's technology transfer agreement with amd and Intel this time, what advice does your legal department have?" Yun Fei was not polite, asking the well-known legal minister in front of him.
"Boss, we have discussed this issue many times. We have been thinking about countermeasures for the past few days. If we follow the Caishuizi [1999] No. 273 document, even if we do not pay taxes, we will not break the law. But this time Our contract is obviously because the amount involved is too large, more than 50 billion in taxes, the local government will never let it go..." Mo Haisheng said to Yun Fei.
In 1999, the local fiscal revenue of Bashu Province did not exceed 300 billion. How could they let go of such a huge amount of tax revenue?
This was what Mo Haisheng was most worried about.
In this regard, it can be said that Yunfei is breaking the law if he does not pay taxes, and it can also be said that it is legal for them not to pay taxes.
Legal or not, this is up to the judge's personal judgment.
"Then if this is the case, what tax do we have to pay? There is a reason why we don't pay the tax." Yun Fei was a little confused. "If we go to court, what chance do we have of winning?"
"Boss, if we file a lawsuit, we have no chance of winning. You are also very clear about the situation in our country. Such a huge amount of taxation accounts for a fraction of the entire province. Just the land tax has to be more than one billion. They I will not give up such a huge amount of income. The reason why I did not stay in the system at the beginning was because the government interfered too much in the legal system..." Mo Haisheng believed that Yun Fei knew the situation better.
After all, he has been in Yun's Holdings for more than two years, and he hasn't encountered any lawsuits for such a long time.
All of this is due to the relationship between Yun's Holdings and the local government, plus the relationship between Yun Fei and the leaders above.
Law is nothing more than human feelings.
What's more, Yun's Holdings acts in strict accordance with legal principles.
"There is no chance of winning? What if we leave out some things that have nothing to do with the law?" Yun Fei naturally understood what Mo Haisheng meant.
"We will have a [-]% chance of winning." Mo Haisheng said very confidently, "Moreover, this is likely to prompt the Ministry of Finance to pay attention to this issue. After all, in China at present, the high-tech industry is growing crazily like mushrooms after rain. Even without such a huge technology transfer business as ours, it won't be long before such problems may appear in our country..."
Yun Fei shook his head, but did not tell the very confident guy in front of him that in China in the future, there will be basically no cases of technology transfer exceeding 200 billion in more than ten years.
They Yun's holding company, that's Scorpion Baba - the only one.
"Then prepare to file a lawsuit." Yun Fei grinned, even if the government is unwilling to file a lawsuit with them, Yun Fei will take the initiative to file a lawsuit with the government.
"Who are we going to fight with?" Mo Haisheng was taken aback for a moment. He really didn't know what Yun Fei was thinking. Others were afraid of going to court. They had to take the initiative to cause trouble, and they still sued the government.The matter of suing the government is very normal for foreign countries, but in China, this matter is a bit outrageous.
"First report to the Department of Science and Technology, after all, they did not agree to sign on our tax exemption application. Then report to the tax department, they collect taxes randomly..." Yun Fei was really too idle.
Anyway, this matter does not require him to go to court. After the lawsuit, the person in charge of the company will be the plaintiff, and there will be a huge team of lawyers to fight the lawsuit with the government officials. How interesting is this excitement?How eye-catching?
Yun Fei didn't think it would be beneficial for him to keep a low profile.
After all, if you can't figure it out this time, there will be many such things about Longteng Technology Operation Company in the future.
It is simply impossible for him to pay taxes on his own initiative without fighting for himself honestly.
"..." Mo Haisheng was speechless for a moment, this boss is really not busy enough!
"Why, what's the problem?" Yun Fei couldn't help being dissatisfied when he saw that Mo Haisheng was silent and his face was full of distress.
"No..." Mo Haisheng hurriedly shook his head.
Even if there is any problem now, he can't say it. Anyway, even if he loses the case, it has nothing to do with him.
Yun Fei never thought that one day he would have a lawsuit with the government.I saw this kind of thing on the Internet before, saying that some individuals sued certain government departments, and the lawsuit was protracted, and it had to wait until the country carried out in-depth reforms to the government before it came to fruition.
But now, he didn't believe that something like this would happen in their company.
What he wants is not a result of winning the government, but hopes to promote the process of national legal construction.Only under a perfect legal system will his original worries disappear.Why can many people feel at ease abroad?Why are many people reluctant to come back after going abroad?
That's because foreign countries have always come in strict accordance with the law. It's not like in China. As long as a certain boss is unhappy, a word can make many people worse off.Even if the people below have evidence, they will be dragged down if they sue unscrupulous officials representing the government.He didn't want such a thing to happen to him.
He needs security.
The old man has now revoked his ban. Although he has completely offended the Japanese, and the Americans are also very unhappy with him, outside, as long as he has money, there is no problem in ensuring his own safety.
The most feared thing in this world is being assassinated by those underground forces. Castro was assassinated hundreds of times in his life, and he is still alive in the end.
And it is absolutely easy for the country to clean up someone. (To be continued..)
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