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中汇观点:IPO进程中税收优惠的合规管理,从资格认定到商业实质的全面考量
Quan Jing Wang· 2025-08-13 05:51
企业上市(IPO)是一个复杂且监管严格的过程,其中税务方面是监管机构审核的重中之重,也是决定 企业能否成功登陆资本市场的关键因素之一。6月19日至20日,中汇"聚生态之力、赋资本新程"IPO高端 论坛在浙江杭州举行。 活动现场,众多企业提出了关于IPO过程中税务合规的关切。针对这些热点问题,中汇相关专家强调了 几个关键点,以帮助企业更好地理解和应对IPO阶段可能遇到的税务挑战。 IPO税务是一项贯穿上市全程的系统性工程,涉及企业历史、现在与未来的方方面面。中汇相关专家表 示,企业应尽早(甚至在启动上市前1-2年)引入经验丰富的专业税务顾问团队,进行全面的税务尽职 调查、风险评估和健康检查,针对识别出的问题制定周密的整改方案和风险应对策略。在架构重组、股 权激励设计、引入战投等关键环节,必须进行深入的税务影响分析和合规性评估,确保每一步操作都经 得起监管机构和税务机关的检验。唯有做到税务规范透明、风险可控、处理得当,才能为企业的成功上 市保驾护航,并为上市后的持续健康发展奠定坚实的税务基础。 中汇相关专家表示,企业在IPO进程中,享受税收优惠政策是一个关键但复杂的领域。高新技术企业、 软件企业以及研发费用加计扣 ...
三堂会审丨在职谋利离职后收受财物如何定性
Core Points - The case involves a former tax official, referred to as A, who engaged in corrupt practices during and after his tenure, including accepting bribes and violating regulations related to tax advisory services [3][4][5][6][8][9]. Summary by Sections Basic Case Facts - A, a former deputy-level official at the tax bureau, was involved in tax-related activities and received a total of 860,000 yuan in consulting fees through contracts with companies during his service and within two years post-retirement [3][4]. - A accepted bribes totaling over 2.46 million yuan from various companies while leveraging his position to facilitate tax evasion [3][4][5]. Investigation Process - The investigation began in March 2021, leading to A's expulsion from the party and subsequent criminal charges for bribery and tax-related offenses [5][6]. - A was sentenced to eight years in prison and fined 700,000 yuan after being found guilty of multiple charges, including bribery and abuse of power [6][7]. Legal Analysis - The distinction between legitimate consulting services and bribery is crucial; A's actions were scrutinized to determine if he utilized his official position to benefit companies unlawfully [8][9]. - A's acceptance of consulting fees was deemed a violation of regulations prohibiting public officials from engaging in profit-making activities during and shortly after their service [8][9]. Implications of Actions - A's actions were characterized as a misuse of power, where he facilitated tax evasion for companies while disguising the transactions as legitimate consulting fees [9][10]. - The legal framework indicates that even if A did not directly benefit from tax evasion at the time, his prior actions established a basis for criminal liability due to the nature of his position and the agreements made [10][11][12]. Conclusion - The case highlights the complexities of distinguishing between legitimate professional services and corrupt practices within the public sector, emphasizing the need for strict adherence to ethical standards and regulations [12][13][14].