Traditional Culture Encyclopedia - Hotel franchise - What are the consequences of helping others avoid taxes?
What are the consequences of helping others avoid taxes?
Helping others evade taxes is a crime. Those who plead guilty to the crime of tax evasion and help the public security organs catch the criminal suspect shall be sentenced to fixed-term imprisonment of not more than three years.
Provisions on the crime of tax evasion with a huge amount:
1. Taxpayers practise fraud, conceal and fail to report, and evade paying taxes. The amount is more than 50,000 yuan and accounts for more than 10% of the total taxable amount of various taxes. Failing to pay the tax payable, late payment fee or accept administrative punishment after the tax authorities have issued a notice of recovery according to law;
2. The taxpayer has received criminal punishment for tax evasion within five years, or has been given more than two administrative punishments by the tax authorities, and the amount of tax evasion is more than 50,000 yuan and accounts for more than 10% of the total tax payable;
3. The withholding agent fails to pay or underpays the tax by means of deception or concealment, and the amount is more than 50,000 yuan.
Companies reporting tax evasion are as follows:
1, which should be reported to the declaration center of the local tax authorities. Because the jurisdiction of national tax and local tax is inconsistent, it is necessary to find out which tax authority is under the jurisdiction of the taxes involved in the report. The reporting scope of the reporting center is: tax evasion, evasion of tax recovery, tax fraud, false issuance, forgery, illegal provision, illegal acquisition of invoices and other tax violations;
2, the report can be made by letter, oral, telephone or other forms that the informant thinks convenient;
3. Both real-name reporting and anonymous reporting are acceptable, but there are rewards for real-name reporting. Informants who do not want to provide their names, identities or publicly report their behavior should be respected and kept confidential. Informants are encouraged to provide their names, units, addresses and factual evidence of tax violations as much as possible.
To sum up, helping others to evade taxes and the amount of tax evasion is more than 1000 yuan, which is a huge amount. According to the law, they can be sentenced to fixed-term imprisonment of more than three years and less than seven years, and a certain amount of fines. Those who evade taxes in a large amount, accounting for more than 10% of the total tax paid, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention and a certain amount of fines.
Legal basis:
Article 25 of the Criminal Law of People's Republic of China (PRC)
* * * with (intentional) crime * * with crime refers to more than two people * * * with intentional crime.
* * * If two or more people commit a crime by negligence * * * if they commit a crime by negligence, they shall not be punished as a crime by negligence; Those who should bear criminal responsibility should be punished according to the crimes they committed.
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