Cui Yongyuan of the compere before CCTV passes individual attestation small gain, release several pieces of block to go the contract picture of partial information, exposure actor Fan Bingbing is passed " size " contract, cover real income. Fanbing puts atelier on the ice to respond to this matter to say, cui Yongyuan releases experience secret agreement, "Insult the behavior of Ms. Fan Bingbing avowedly, destroyed commercial regulation already, be suspected of encroaching the legitimate rights and interests of Ms. Fan Bingbing again. Be suspected of encroaching the legitimate rights and interests of Ms. Fan Bingbing again..
On June 3 afternoon, go up to be signed from personnel of course of study about movie and TV in the light of the net " contract of yin and yang " medium experience tax issue, bulletin of net of official of total bureau of national tax Wu says, at present total bureau of national tax Wu already enjoined tax authority of Jiangsu and other places begins investigation to check lawfully. Jiangsu saves immediately of land tax bureau to express, will begin investigation to check to this problem.
▲ Cui Yongyuan (left) Fan Bingbing (right) . Data picture
Fan Bingbing exposing to the sun signs Cui Yongyuan " contract of yin and yang " bring each other to rancor
Recently, fan Bingbing doubt is like actor of exposure of famous compere Cui Yongyuan sign " size contract " , " contract of yin and yang " , 4 days take 60 million remuneration, cause attention.
On May 28, cui Yongyuan of the compere before CCTV passes individual attestation small gain, released photographs of a few contract of Zhang Yan art, the name of actor Fan Bingbing appeared on the contract, remuneration of its contract agreement is exposure after duty 10 million yuan. These a few pieces of block go the contract picture of partial information, show Fan Bingbing is passed continuously " size " contract, cover real income.
▲ on May 28, cui Yongyuan released what a few Zhang Shefan ice put on the ice to act art contract. Small gain cut pursues
On May 29, cui Yongyuan passes small gain once more exposure " size " contract, say " a person performs a play, why should sign two contracts? Cant, this cries one small a pair of big contracts. " Cui Yongyuan says, small (contract) do not be afraid of exposure, because he are so-called,be worth ten million, and big contract amount is 50 million yuan, 4 days of actual altogether take away this actor 60 million yuan.
▲ on May 29, cui Yongyuan once more of exposure experience Fan Bingbing " size " contract. Small gain cut pursues
With day, fanbing puts atelier on the ice to respond to this matter to say, cui Yongyuan releases experience secret agreement, "Insult the behavior of Ms. Fan Bingbing avowedly, destroyed commercial regulation already, be suspected of encroaching the legitimate rights and interests of Ms. Fan Bingbing again.
Fanbing puts atelier on the ice to say, it is to partial media and network user below the circumstance without seeking testimony, allege " Fan Bingbing is used ' size contract ' means undertakes signing agreement " , and spread is so-called " Fan Bingbing films 4 days of remuneration 60 million " the behavior of the rumor, already was suspected of forming calumniatory, be aimed at this incident, this atelier already entrusted a lawyer to obtain evidence lawfully, processing, reserve the right that investigates duty of law of relevant main body.
▲ on May 29, fan Bingbing atelier sends statement to say Cui Yongyuan is suspected of forming calumniatory. Small gain cut pursues
On June 2, cui Yongyuan passes individual small gain to phonate again, continue not to call-over dark point to " size contract " incident. In addition, cui Yongyuan cites " criminal law " the 201st regulation to blame of dodge a tax, say " seem to a law runs this thing " .
▲ on June 2, small gain of Cui Yongyuan reappearance phonates, say " seem to a law runs this thing " . Small gain cut pursues
Controlled late on June 3 at 6 o'clock, cui Yongyuan is being accepted " daily economy news " when the reporter is interviewed, express, he is being coordinated with director branch now how to meet, meet which, how to obtain evidence wait for specific details.
That evening, fanbing puts studio chief on the ice to respond to sina recreation, say lawfully pay taxes is every actor the legal obligation that answers, this atelier and lady of ice of actor model ice never are passed " contract of yin and yang " means undertakes signing agreement, already denied clearly at giving through atelier statement on May 29, 2018. Next, this atelier and Ms. Fan Bingbing can cooperate relevant section to be checked lawfully with all one's strength, the branch announces authoritative findings as soon as possible related the hope, in order to dispel public doubt.
Duty Wu total bureau investigates movie and TV " contract of yin and yang " experience tax issue
On June 3, go up to be signed from personnel of course of study about movie and TV in the light of the net " contract of yin and yang " medium experience tax issue, bulletin of net of official of total bureau of national tax Wu says, at present total bureau of national tax Wu already enjoined tax authority of Jiangsu and other places begins investigation to check lawfully.
Total bureau of national tax Wu releases a message to say, in the light of the report on the net was signed from personnel of course of study about movie and TV recently " contract of yin and yang " medium experience tax issue, height of total bureau of national tax Wu takes seriously, already enjoined tax authority of Jiangsu and other places begins investigation to check lawfully. If discover the act that violates taxation law statute, will strict handle lawfully.
It is reported, total bureau of national tax Wu will be in already deploy begins movie and TV of danger of pair of part good-paying, Gao Feng from personnel of course of study lawfully on the base that pay taxes circumstance has assessment investigating, farther aggrandizement risk is prevented accuse an analysis, increase the strength that ask for a canal, investigate lawfully break the law violate compasses act.
Total bureau of ▲ duty Wu enjoins tax authority of Jiangsu and other places investigates personnel of movie and TV " contract of yin and yang " experience tax issue. Small gain cut pursues
With day, jiangsu saves response of cess Wu bureau to say, bureau of tax of Jiangsu province land organizes issues of pair of concerned experience tax to begin investigation to check lawfully.
Jiangsu saves land tax bureau to say, according to national tax Wu total bureau asks, sign from personnel of course of study to the concerned movie and TV of the report on the net " contract of yin and yang " medium experience tax issue, jiangsu saves land tax bureau to already organized director tax authority to wait to begin investigation to check lawfully. If discover the act that violates taxation law statute, will strict handle lawfully.
Small gain of government of bureau of tax of land of the city that do not have stannum " without tinnily duty " also phonate express, to the problem that everybody pays close attention to, this bureau already saved the requirement of cess Wu bureau to begin investigation to check lawfully according to total bureau of national tax Wu and Jiangsu. If discover the act that violates taxation law statute, will strict handle lawfully.
▲ says to already began investigation to check without bureau of tax of stannic city land, if discover the act that violates taxation law statute, will strict handle lawfully. Small gain cut pursues
Legal provision
" criminal law " be opposite the 201st times blame of dodge a tax:
Taxpayer takes cheat, conceal a method to make pay taxes is declared or be not declared phonily, escape pay imposition amount bigger and occupy should ratal of 10% above, be in 3 years of the following set term of imprisonments or arrest battle, punish gold; Amount is huge and occupy should ratal of 30% above, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Via the tax authority lawfully after pursue and wipe out of make known to lower levels informs, filling capture should pay taxes money, pay fine for delaying payment, already sufferred administration to punish, do not grant to investigate criminal duty; But, 5 years internal cause escapes pay imposition to had gotten the exception that criminal is punished or is granted above administration punishment 2 times by the tax authority.
Lawyer argument
If decide what law responsibility dodge a tax will assume?
Want assumed administrative responsibility possibly with respect to dodge a tax above all. Administrative responsibility should include 3: Filling capture imposition, pay fine for delaying payment and part in order to fine. Basis " law of individual income tax " regulation, the actor's remuneration belongs to service pay, "Every time income does not exceed 4000 yuan, deduction expense 800 yuan; Of 4000 yuan of above, deduction the charge of 20% , the others forehead is should specified amount of pay taxes income " . According to Xiaocui's view, among them 10 million yuan of parts belong to in relief contract, should be to pressed a regulation to make tax payment, this part does not have responsibility. 50 million yuan when remain, should attribute shade contract part, deduct 20% , should tax gain specified amount is 40 million yuan. Also should fill namely capture imposition 10 million yuan.
Basis " taxation imposes administrative standard " regulation, fine for delaying payment differs according to the accident of sluggish pay date, increase fund of pay taxes receiving sluggish by day extremely come plan close, hypothesis sluggish accept all the year round, fine for delaying payment should be made after convert 4.11 million yuan; Sluggish accept 5 years, should make fine for delaying payment 20 million yuan many dot. Did not discover more than 5 years, whether ought to assume fine for delaying payment open to question. I think the agree is carried, because law is of discovery of the ability after saying 5 years only,do not punish, and imposition fine for delaying payment is a tax authority it is a method with establishing new money to give Fu Yi Wu to taxpayer, carry out means compulsively what make taxpayer fulfill duty to pay taxes, be not administrative punishment.
Basis " taxation imposes administrative standard " regulation, "To taxpayer evade taxes, by tax authority pursue and wipe out its not capture is little perhaps the imposition of capture, fine for delaying payment, be in not capture is little perhaps the imposition of capture 50% above 5 times the following amerce " . If press top part the amerce of 5 times, place of this female star should fill make of all kinds money aggregate 20 million yuan, highest can fine 100 million yuan.
The criminal responsibility that says dodge a tax should be assumed possibly again. According to " criminal law " judgement of the 201st regulation, the first time discover dodge a tax, no matter accumulative total amount is how old, as long as " via the tax authority lawfully after pursue and wipe out of make known to lower levels informs, filling capture should pay taxes money, pay fine for delaying payment, already sufferred administration to punish, () do not grant to investigate criminal duty " .
But because of " evade taxes " (administrative law weighs evade taxes, criminal law weighs dodge a tax) already got administration is punished twice, should place a tail to be an upright person absolutely, "The thing is less than 3 " , arrive 3 be about criminal is found out. And had sufferred criminal to punish recommit because of dodge a tax, make previously more won't to clear, perhaps find out the 3rd times the 2nd times by crime directly, and still form jailbird, should from heavy punishment.
The problem is, "Blame of dodge a tax " legal and highest punishment is 7 years, according to " criminal law " 10 years are during its limitation of prosecution; Crossed ability 10 years to discover namely no longer criminal is found out, but " tax law " the regulation passed 5 years to be punished no longer namely, how to coordinate among this, still do not have authoritative explanation.
Also the viewpoint thinks, can press origin of belongings of a huge sum at least unidentified blame will find out, but this cannot hold water. Basis " criminal law " the 395th regulation, origin of belongings of alleged a huge sum is unidentified blame, it is the belongings that points to national staff member or defray exceeds lawful income apparently, difference is vast, oneself cannot explain its origin is legal action. Visible, the income that can be national staff member only suffers this to be supervised strictly, this is a post the requirement of clean-fingered sex; To blame state staff member, although say source of not clear income, also did not concern.
□ Liu Changsong (lawyer)
Wang Yu of Sha Lu of reporter of new capital newspaper
Edit Zhang Tailing to be like Long Ping to proofread Liu Aiying
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