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新规落地聚焦:互联网平台企业涉税信息报送的实施进展与监管动态洞察
Sou Hu Cai Jing· 2025-11-06 14:26
Core Points - The article discusses the implementation of the "Regulations on Reporting Tax Information by Internet Platform Enterprises," which requires platforms to report identity and income information of operators and employees starting from October 1, 2025 [2] - As of October 25, over 6,500 platforms have completed the initial reporting, marking a significant increase from 4,100 platforms reported on October 15, with a coverage rate exceeding 95% [2][3] - The article highlights discrepancies between self-reported income by operators and the income reported by platforms, often due to timing differences, processing discrepancies, and non-compliance behaviors [3][4] Group 1 - The new regulations have led to a substantial increase in tax information reporting compliance among internet platforms, with over 6,500 platforms reporting by late October [2] - The tax authorities are issuing risk alerts to businesses whose self-reported income is significantly lower than the platform-reported income, indicating a shift towards more stringent tax oversight [2][4] - Non-compliance behaviors, such as income concealment and improper invoicing, have been identified as major reasons for discrepancies in reported income [4][6] Group 2 - The article draws parallels with international practices, such as the UK's approach to tax compliance for e-commerce platforms, which includes sending reminders to sellers suspected of underreporting income [5] - The EU's DAC7 framework is mentioned as a model for cross-border data sharing among member states, which could inform China's tax reporting mechanisms [5][6] - The increasing automation and precision in tax oversight are expected to challenge traditional cross-border e-commerce structures, particularly those lacking substantial operational presence in their registered locations [6][7] Group 3 - The article emphasizes the need for internet platforms to enhance their compliance capabilities, suggesting the development of standardized contracts and automated systems for income reporting [8] - Platforms are encouraged to assist operators in understanding tax obligations and improving compliance through educational resources and automated reporting tools [8][9] - The anticipated challenges for operators include the complexity of income sources and the need for accurate tax reporting amidst evolving regulations [9][10] Group 4 - A case study of a technology company in the live-streaming e-commerce sector illustrates the potential risks of non-compliance, including income concealment and improper expense reporting [10][11] - The company has initiated a tax compliance transformation, focusing on accurate income reporting and obtaining proper invoices for expenses to mitigate risks [11][12] - The article outlines strategies for operators to prepare for tax audits, including maintaining comprehensive records and understanding applicable tax incentives [12][13][14]
“扫描”直播打赏乱象:“翻牌选妃”“蒙面摸人”诱导低俗互动
Jing Ji Guan Cha Wang· 2025-10-28 09:19
Core Viewpoint - The rapid development of the online live streaming industry has led to various issues, including vulgar group broadcasts, deceptive personas, and the manipulation of minors, prompting the Central Cyberspace Administration of China to initiate a two-month special action to rectify these problems [1][9]. Group 1: Issues in Live Streaming - The prevalence of vulgar group broadcasts and deceptive personas in live streaming is significant, with some female streamers using suggestive dances and provocative actions to entice viewers to reward them [2][3]. - Instances of fraud have been reported, such as a streamer defrauding a viewer of over 190,000 yuan under the pretense of a romantic relationship, highlighting the severity of deceptive practices in the industry [3]. - Minors are often manipulated into making payments, with reports of a 12-year-old boy using his mother's account to make payments totaling tens of thousands of yuan, indicating a serious issue with the protection of young users [4][5]. Group 2: Regulatory Actions and Industry Response - The online live streaming market in China reached a revenue of 212.64 billion yuan in 2024, prompting increased regulatory scrutiny and the need for collaboration between regulatory bodies and platform companies [8]. - Major platforms like Douyin and Kuaishou have implemented measures such as real-name verification and "cooling-off periods" for large donations to mitigate impulsive spending and protect minors [9][10]. - The Central Cyberspace Administration's special action aims to address issues related to vulgar content, deceptive personas, and the manipulation of minors, with a focus on improving operational rules and management functions within the industry [9][10].
网络直播打赏法律困境学术研讨会在京举行
Ge Long Hui· 2025-09-15 10:23
Core Viewpoint - The rapid development of the internet economy has led to the rise of the live streaming industry, which has also brought legal disputes regarding tipping behavior into public view [1] Group 1: Industry Overview - As of December 2024, the number of live streaming users in China is projected to reach 833 million, accounting for 75.2% of the total internet users [1] - Live streaming is recognized as a typical form of the digital economy, presenting new legal challenges that require exploration [1] Group 2: Legal Nature of Tipping - Scholars argue that live streaming tipping is not a gift with obligations but rather a reciprocal value exchange, establishing a service contract relationship between users and streamers [2] - Tipping is considered a consumption behavior rather than a gift, a view supported by existing legal precedents [3] Group 3: Legal and Regulatory Considerations - The distinction between user recharge and tipping is emphasized, with recharge seen as a prepayment and tipping as a new consumption model [3] - Experts suggest that addressing criminal activities related to live streaming tipping requires a balance of legal norms, technological safeguards, and industry self-regulation [3]
赃款打赏的钱,主播要不要退?业界释疑直播打赏法律争议
Di Yi Cai Jing· 2025-09-10 10:29
Group 1 - The core issue revolves around the legal nature of tipping in live streaming, whether it is considered a gift or a consumption behavior [2][4] - The majority of courts currently support the view that tipping is a consumption behavior, establishing a service contract relationship between users and platforms, as well as between users and streamers [2][3] - There are differing opinions on whether the amount of the tip affects its legal nature, with some experts suggesting that high amounts should be analyzed for reasonable and unreasonable portions [3] Group 2 - The discussion on whether platforms and streamers should be liable for the recovery of illicit funds hinges on the classification of tipping as either a gift or a consumption behavior [4][6] - The principle of "good faith acquisition" is emphasized, suggesting that platforms and streamers should not be penalized for receiving tips if they were unaware of the funds' illicit nature [4][5] - In cases where one spouse uses joint property for tipping without consent, the legal rights of the other spouse must be balanced against the rights of the platform and streamer [5][6] Group 3 - The amounts involved in illicit tipping cases can be substantial, with reported maximum amounts reaching 23 million yuan and median amounts at 277,000 yuan, which can significantly impact the cash flow and operations of platforms and streamers [8] - Platforms express concerns about their rights to participate in legal proceedings, often being named as obligors without having a say in the litigation process [8][9] - There is a call for systemic reform in the handling of seized assets in criminal cases to ensure the rights of third parties, such as platforms, are protected [9]
治打赏乱象,要“疏堵结合”(新媒视点)
Core Viewpoint - The article discusses the persistent issues surrounding the tipping phenomenon in the live streaming industry, highlighting the need for a comprehensive governance approach to address both the problems and the legitimate aspects of tipping [1][2][3][4]. Group 1: Industry Challenges - The "traffic supremacy" mindset has led some streamers and MCN organizations to engage in unethical practices, such as fabricating personas and spreading vulgar content to induce irrational tipping from users [1]. - The lack of a robust collaborative governance mechanism has resulted in regulatory bodies being unable to effectively screen vast amounts of content in a timely manner [1][4]. - Various stakeholders, including judicial authorities and industry associations, have not sufficiently defined the legal nature of tipping behavior or established unified standards for responsibility allocation [1][3]. Group 2: Market Growth - In 2024, the market revenue for China's online performance (live streaming) industry is projected to reach 212.64 billion yuan, reflecting a year-on-year increase of 1.5% [2]. - By the end of May 2025, the total number of active streamer accounts in the Chinese online performance industry is expected to reach approximately 193 million, marking a growth of about 7.2% [2]. Group 3: Governance Recommendations - To effectively manage the tipping issues, a dual approach of "blocking" and "guiding" is necessary, promoting rational tipping while discouraging irrational behavior [4]. - Streamers should adopt correct values and professional ethics, focusing on high-quality content to attract users [4]. - MCN organizations need to enhance compliance systems and provide training on regulations and professional ethics for streamers [4]. - Live streaming platforms should improve their rules and utilize AI and manual reviews to strengthen content and user identity verification [4]. - Regulatory bodies must establish a regular oversight mechanism to combat illegal tipping practices and provide clear guidelines for the legal nature of tipping [4].