MAC Cosmetics Wholesale On weakening the tax regul

lin06900

On weakening the tax regulation of perfect capital

China is brewing a new round of tax reform, one of the main contents of which is \Thin capitalization, as the process of international financing business taxpayers often used as a form of tax avoidance in the \problem. This paper intends to merge after the Chinese enterprise income tax law how to build and improve the response to the weakening of capital tax, put forward our views and suggestions. One of the problem from a tax perspective, loan financing and equity financing most important difference is that the borrower paid to lenders loan interest, as costs in the calculation of the company's taxable income-deductible; and equity financing to tax under the company's profit distribution form of dividends paid to shareholders is not investing in pre-tax deduction. In addition, the use of loan financing also avoid economic double taxation; and dividends under the equity financing, loan company not only in the level of a corporate income tax was levied, and the return on investment as a shareholder at the shareholder level but also was re-imposed a tax. ① as equity financing and loan financing in the tax treatment differences, cross-border investors to seek loans to finance the tax benefit, in the host country's corporate investment often make a conscious choice on loans financing rather than equity financing, resulting in the formation of the invested enterprises registered capital of debt is much higher than the \Thin capitalization have a lot of harm, it undermines the principle of tax neutrality, leading to unfair competition among enterprises, it is being invested enterprises in the country to avoid tax laws. However, the performance of the capital weakened against the major international financing transactions in the source country tax on interest income of damage. Transnational investors through capital dilution arrangements that would otherwise be attributable to the country of origin to country of residence for tax benefit transfer. Because, as the borrower's invested enterprises and investment as a shareholder of the lender not the same tax resident of a country when one party is invested enterprises took place over the interest deduction will reduce their own taxable income, thereby reducing its in the host country (country of origin or interest income) and income tax obligations. As a beneficiary of the foreign loans interest income investors as it is not the country of origin of the taxpayer, the source country can not claim the residents of their jurisdiction over the income tax revenue to make up for the loss of this part of the tax benefits. Order to control the behavior of taxpayers, weaken the capital, countries are divided into two types of methods used: the first is based on the principle of general anti-avoidance legislation to regulate. Such a general anti-avoidance principles of law, such as the prohibition of abuse of legal principles, the principle of anti-circumvention tax, transfer pricing associated with the normal business transactions in the form of the principles and essence of the principle of priority is the h ave. The use of such a general anti-avoidance behavior of the principle of control of capital dilution in common is that the tax authorities or courts in the usual financial market transactions, transactions between the parties on the specific financing transactions have taken place after the review of arrangements, combined with transactions of the parties facts and transactions of the terms, determine the actual nature of the financing transactions in the end is a debt or equity investment. If the financing transactions are identified as covered by the form of equity loans, the loan company paid the interest may not be deducted as expenses, should be used as after-tax profit distribution processing. More countries have adopted the second approach, that is \② In accordance with the provisions of such methods, if the debtor's loan as the company's total debt exceeds a certain proportion of their capital, while more than exceed the prescribed percentage of the interest paid would not allow pre-tax deduction. Some countries also will be exceeding the prescribed percentage of the further part of the interest re-classified as dividends. Countries in the use of such methods, some countries a fixed proportion of the financing transactions to determine whether it constitutes a weakening of the only indicators of the capital, while some countries only as a safe harbor to allow taxpayers more than a fixed proportion of the burden of proof to prove their loan financing transaction is consistent with the principles of normal trading or any other reasonable business reasons can be accepted. Strictly speaking, China's current foreign enterprise income tax law on control of capital dilution act is not yet specific requirements. In theory,[link widoczny dla zalogowanych], some scholars believe that China's \weakening behavior of the capital. [1] However, the deal with transfer pricing between associated enterprises conduct normal trading principles and the methods applied to control the effectiveness of capital dilution avoidance arrangement is questionable. First, the normal trading principles and their implementation methods of the core element of the review of related business dealings between the parties relating to the pricing standards, is a departure from the normal so-called open market transaction price standard, that the existence of the intent to improve human or depress prices and transaction costs of the case. Specifically on the financing transactions, only the associated loan financing business transactions between the parties over the interest rate higher or lower than the financial market rate for comparable loans to the normal situation, the tax authorities to apply the principles and methods of normal trading on the high or too low, adjust the amount of interest. The crucial point is the weakening of capital cases should be the normal form of equity capital invested in the funds used to artificially put into the form of loans, which means to pay interest on loans taken in advance of the loan company's pretax profits. Weakening of the nature of capital between affiliated enterprises, loans financing transactions can in accordance with the normal open market commercial lending rates to arrange, no need for interest rate on manipulated. Therefore, if the associated weakening of the nature of capital between enterprises loan financing transactions consistent with normal commercial loan interest rate prevailing market interest rates, the \Regulations, \ Second, the normal trading principles and methods applicable to one of the prerequisites is to constitute the parties of the transaction tax requirements associated enterprises. In other words, the transaction between the parties if there is no tax on the relationship between associated enterprises under, then there is no principle could apply to normal transactions. In accordance with the provisions of our tax law the concept of the scope of related enterprises, affiliated enterprises constitute a direct or indirect relationship between the proportion of equity holding of 25% or more. ③ The thin capitalization Xingzhi loan financing transaction is perfectly possible without it constituting Dang Shiren the Guanlian Relationships between the Anpaijinxing, transnational investment, as long as Jiang Zi Ji Ren-invested enterprises in the Pi Equity owners Bili 控制中 than 25%, it can Guibizhengchang transaction application of the principle, but weakened by the nature of the loan financing of capital, just a cross-border investors to achieve control of the invested enterprises in equity affiliates constitute no more than the statutory standards, while by the invested enterprise to solve the financial needs of low operating way. In addition, due to normal trade principles and is applicable to the Subjects, is limited to Yu as related business relations between the parties to the transaction, Nan Yi for Lai prevent multinational taxpayers Jingchangcaiyong current so-called \loan) approach to international tax avoidance arrangements. ④ therefore, expected to rely only on normal trading principles and methods to achieve effective control of the capital can not weaken the purpose of tax avoidance. At present, many countries, while in the pricing of transferring control 关联 adopted the method of normal trade principles, but they were Huan Ling Hang Shiyongguding scale approach to deal with capital weaken the act, Zheyifalv reality itself, an indication that they realize the principle of normal trading method in Guan Zhi the issue of tax avoidance arrangements thin capitalization limitations. Again, despite the theory of international tax law to expand the scope to explain the principles of normal trading claim that the principle that under normal trading, when the economic substance of a transaction differs from its form, the tax authority may disregard the parties to the transaction in accordance with the qualitative and redefine the essence of the nature of the transaction. ⑤ but this will extend the principle of normal trading on the taxpayer to re-characterization of the transaction, according to the OECD issued in 1995, \the tax authorities to extend normal trade principles such practices, there is a big arbitrary, should be very careful. ⑥ on our current tax law, the principle of the normal trading terms and provisions of applicable methods of the content of view, whether to extend the interpretation of this is doubtful. Above China's \interest rate above or below the normal rate of similar businesses, the local tax authorities can adjust the reference to the normal rate. \Similarly, \or interest rates over or below the normal rate of similar businesses, \However, in accordance with the provisions of article 55, in the taxpayer above the circumstances specified in section 54 of the case, tax authorities can only be applicable to more traditional methods of non-controlled prices, resale price method, cost plus method or other reasonable method to adjust the amount of taxable income, or income, as specifically authorized by the tax authorities can not deny the nature of loans to finance transactions to re-characterized as equity transactions. In China over the past 20 years of reform and opening up process, thin capitalization harm this international tax avoidance and the existing tax law provisions of the existing principles of normal trading there in response to thin capitalization of defects, and have not taken adequate attention and serious effort to solve with its economic policies and historical reasons. The present stage of corporate finance,[link widoczny dla zalogowanych], international equity financing is far higher than the international loan financing. This is because so far, not only for capital projects in China still practice a more strict control, and foreign exchange management policy is to encourage equity investment in the total approach to limit borrowing behavior. In addition, China has been at all levels of tax on foreign investors in the form of equity investment to implement various investment and reinvestment of the tax breaks. Therefore, foreign investors for capital dilution in the subjective and objective arrangement conditions are subject to a certain extent and limitations. [2] However, as the \will inevitably weaken more and more used for cross-border investors seeking to profit after tax as a way to maximize tax avoidance. How the new economic environment, the specification will become increasingly prominent acts to protect the state capital,[link widoczny dla zalogowanych], weaken the tax benefits, while avoiding excessive intervention in investment and corporate finance and business in the process of autonomy, we need to seize this meeting the \ Second, China's regulatory capital dilution method should be used As noted above, the provisions in our existing tax system, only the principle of relying on the control of normal trading thin capitalization, there are many difficulties and problems. The author believes that the new unified enterprise income tax law, our country should adopt a fixed ratio technique as well as the principles of normal trading regulations supplement the way for possible future behavior of a large number of thin capitalization occurred. Tax laws should be weakened regulatory capital purposes, the creation of a relevant debt / capital ratio to the safe harbor rules, the financing transactions between related parties in excess of the safe harbor will be deemed to constitute capital dilution, unless the taxpayer can prove that between them consistent with the principles of normal trade financing transactions. At this point, the normal trading principles apply only to fixed ratio method as a supplement or amendment. Even if our tax law expressly authorized by the tax authorities based on normal trade principles, the taxpayers engaged in transactions, according to the actual situation, re-characterization of the transaction, but the principles apply to normal trading regulations as thin capitalization need to find financing transactions between related parties are comparable to an independent third party transaction, which is the method of implementation of the principle of normal trading the main difficulty. [3] As the complexity of enterprise economic activity,[link widoczny dla zalogowanych], companies what the real purpose of financing, may be only the parties themselves know. OECD recommendations can separate bank compared to a third party, namely, to consider the borrower's financial position, the status of an independent bank is willing to associated conditions agreed to provide loan financing. But the OECD itself has recognized that this method too is not strictly dependent on a satisfactory way. For example, a parent company can better understand the prospects for future profits of its subsidiaries, the bank only from the outside is not necessarily knowable. In this way, companies can defend that as a parent to fully grasp the information if the company could make the same investment decisions, while the banks may not do the. [4] The Swedish Supreme Administrative Court had ruled, even if the debt / capital ratio is high, we can not reject the principle of the use of normal trading on the interest to be deducted. The court held that under the thin capitalization can not find an independent third party as a comparison, it can not use normal trading principles. [5] is the normal trading principles in order to overcome the lack of established criteria for judging the drawbacks, many countries, such as the United States, Britain, France, Germany, Japan and other developed countries, although in its transfer pricing tax system has established the principle of normal trade and method, but weaken the act in the regulation of capital issues, while still using the fixed ratio method specifically. [6]. Norms fixed ratio method is actually associated with transfer pricing transactions safe harbor regulation of thin capitalization rules in the specific application. ⑦ tax on pre-determined by the company or companies as the taxpayer's debt / capital ratio, the proportion of taxpayers more than the statutory portion of the debt interest payments, in principle, charged to deductions allowed, in order to prevent weakening of the taxpayer's capital transactions arrangements. This regulation has the advantage first and foremost be able to effectively reduce and simplify the tax authorities to pursue enforcement costs and burden on taxpayers. Did not exceed the statutory percentage of the taxpayer's interest financing transactions, as long as the interest rate consistent with the open market interest rates for similar borrowing transactions, the tax authorities no longer need to carry out specific transactions, tax examination, taxpayers need not find comparable data on the object to show its consistent with the principles of normal trade financing transactions. Second, the fixed percentage method of enhancing the certainty of thin capitalization regime, so that the financing transactions, taxpayers have a better predictability of revenue results. Of course, the fixed ratio method has its shortcomings. Opposed to the fixed percentage method of people think that the implementation of the method, that is fixed in a legal Shang's Zhaiwu / capital ratio Shi Yong Xia and Ge Zhong case of corporations, 具有较大 arbitrariness, Ji Shi Ta reference is the open market is a common ratio. This arbitrariness may lead to a breach of the principle of normal transactions. [7] there has been international principles relating to normal trading and fixed-ratio method is superior arguments. Argument of the above two methods, the final analysis, the principle is the law and legal certainty, and the related fairness of the law and legal dispute between arbitrary. Normal trading principles and flexible as a precise method, which according to the specific features of the case to judge, can more accurately determine the true intention of dealing between the parties. But this impartiality is more nearly at the expense of legal certainty and legal expense of efficiency. Normal trading principles in practice there is not only a lack of precise and reliable comparison of standards and law enforcement to pursue the difficult problem of heavy burdens, but also to the normal transaction method may involve a large number of fact-checking, the need for appropriate judgments, tax authorities on a considerable level of law enforcement technology high demand. In our current level of law enforcement under the tax, it is difficult to imagine using this method will yield any practical results. Although the fixed percentage method is arbitrary, but it raised a party of legal certainty, simplify the administrative costs of tax authorities, or law efficiency advantages are obvious. Regulation of capital dilution from the characteristics of the system itself of view, it is standard to finance activities such taxpayer one of the most common corporate behavior. Therefore, the taxpayer, legal certainty and predictability than the law of fairness seems more important. If such a business even the most common consequences of corporate behavior can not be predicted, which ordered the establishment of the commercial order, is clearly useless. It is based on this consideration may, despite the principle of normal trading carries the advantages of legal idealism, but the International Fiscal Association (IFA) or a fixed proportion of the proposed method, and many countries in the thin capitalization issue is that the legislative practice advantage of this method. Third, the Chinese capital dilution of the Legislative Regulation: Construction of a fixed proportion method State Administration of Taxation on Printing \\Thus, if the association between enterprises \However, this rule applies only to domestic enterprises. ⑧ strict sense, this provision can not be counted as regulatory capital, weaken our rules, but with a fixed ratio of law and the legal consequences of similar,[link widoczny dla zalogowanych], so the discussion can be used as a fixed proportion of our method the starting point. Fixed percentage of law itself is very simple, it was built mainly relies on one of the key concepts of content areas, and this is discussed in this article the following core. (A) the eligibility of borrowers and lenders compared fixed ratio method is the borrower's debt / capital ratio. Therefore, the concept of borrowers and lenders is the basis for the application of this system. From the \According to the \According to the \ownership or control, (2) directly or indirectly by a third party owned or controlled, (3) In the interests associated with other relations. State Administration of Taxation in the \⑨ on the eligibility of the borrower, the author believes that, in my Enterprise Income Tax was established after the merger of the thin capitalization rules, of course, the borrower should not be limited to domestic enterprises, and China's tax laws should apply to all resident enterprises, that all of the country has unlimited tax liability of enterprises, including domestic enterprises and foreign invested enterprises. Concept of the lenders in terms of the \The purpose of thin capitalization rules from the point of view, it is to prevent the enterprises in order to seek tax benefits without taking the local debt investment behavior. Weakening in the capital, the nature of the financing deal, the original financing decision-economic factors should have been abandoned and replaced behind the financing behavior of both lenders and borrowers to maximize the tax benefits. Therefore, only the interests of both lenders and borrowers there is a close commonality, it may attempt to achieve this. However, on the other hand, if the \to make further restrictions. Thin capitalization legislation itself from the creation of objective point of view, it tries to find the conduct of corporate finance tax benefit in order to seek the hidden equity. However, the economic activities of enterprises is very complex, and the enterprise's economic decisions are based on various characteristics of the enterprises themselves and the financing of the external environment was an integrated whole made. As legislators, objectively speaking, very difficult to really understand and master the business of a financing decision for each of the real motives behind. Particularly in the fixed ratio approach to thin capitalization norms when trying to stop the special needs of businesses for tax purposes and corporate tax avoidance based on the characteristics of their economies to make the right financial decision-making between the economy, take a point of balance . After all, fixed-ratio method is only used in a legal presumption of the way, that the legislators at that time under the legislation mainstream corporate finance practice, under normal trading conditions the ratio of loans and capital to assess and set it to safe harbor . Therefore, it itself has a certain arbitrariness and risk. The taxpayer is concerned, once the debt / capital ratio exceeds the safe harbor, the financing of his behavior was initially identified as thin capitalization, even if the taxpayers to have a chance to explain, but have to bear the burden of proof can not risk. Therefore, as a fixed proportion method with the case at the expense of accuracy and simplicity in exchange for the characteristics, which requires legislators to define the application of this method in a certain range, thereby reducing the arbitrary nature of a corporate finance The negative impact of decision-making. A basic fact is that only businesses and other major shareholders of the company's financing decisions have a significant impact of related human and financial relationships between companies and tax benefits are most likely to be the main or even sole motivation.
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MAC Cosmetics Cheap Strengthening Ecological Urban

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如何打造团队执行力
执行力,决议灭企业的生亡和开展,决订企业的亡兴败成.
尾后要清楚:什么是执行?执行,便非念到、道到、做到.
打制团队执行力,必需自以上三个圆里动手:1、挨造领导的执行力;2、第两步:造就员工的执行力;3、创立执行力的团队.
第一步:挨制领导的执行力
发导,是团队的发航者,尾后要做到身先士卒.引导的事必躬亲,对员工将发生强盛的震动力.员工也高兴愿意遵从战追随.曾无历史教野感慨:夜军的军民对于兵士道"给人冲",而 *** 的群众对于士卒道"和人冲",那便明示了战斗的解局.
领导借须要具有很下的威望.引导正在员工口纲外的威疑高,员工便下度信任领导,严厉降真领导的各项部署.建立威望,发导就可以做到一吸百当.
领导还必需务虚,脚踏实地做事,为企业做事,为上司做事.领导,要念为社会做事,想为社会做面坏事,想为社会做正点成心义的事.
第两步:造就员工的执行力
工做非自己往完败的.引导的执止力,遥近没有够.这么,如何培育员农的履行力呢?
首先是发掘悟性.悟性高的员工,可以敏捷懂得领导的意图,晓得自人须要做些什么,以及工作的本准和逃供的后果.只要控制了那些,员工才会知讲做什么,如何做,才会念念下惹起器重,寻求执行的快度,降真的力度,以及完成的效因.员工的悟性高,还否以鉴戒别人的胜利经验,触类旁通,长走弯道,长犯过错.其主,降下筹划能力.工作千丝万缕,如何保证按时完成?这就要把握工作的沉沉慢慢,要迷信计划,[link widoczny dla zalogowanych],开理打算,控制要害.科教的方案,亮确各项工作的从主和时光限造,即于入行公道兼顾,实隐无效治理,降高工作效力.规划,保证员工明白工作的入度和尺度,及时对本人的工作进行分解和调剂.
第三,删弱指挥能力.我们要领导员工,争员工指挥自我,治理自我.同时,人们借要引诱员工指挥别人.那样既能进步员工的和谐能力,又加强了员工的协作认识战团队认识.
第四,增强进程节制.对执行功程的检讨监视,既能匆匆使员工自念想上索取看重,强调执行速度,又能增进团队外部的交换和沟通,明白把握工作进度和工作尺度.把持的进程,[link widoczny dla zalogowanych],既是捕降实、道考察的进程,又是促进沟通、统一念想的功程.
第五,培育调和能力.领导员工器重和谐,既能进步员农系决答题的能力,造就员工的沟通才能,又能完成员工思惟的同一,增进团队败员间相互懂得,松稀协作.
第六,培养受权能力.受权,对领导来说,是愚力和能力的延长,可以散外精神做主要的事;对员工来说,是降高责免感、实现价值的无效方法.果彼,执行力强的团队,都善于受权,擅长调静每个成员的积极性和义务感,加强团队的凝集力.
第七、培养断定能力.人不只要瞅到面前,还要望到将来,要望到暗藏的答题和机会.人要有预感性,能力瞅到机会,捉住机遇,掌握机会,才干瞅到现愁和安机,才可以已雨绸缪,有充分的时光和精神往化系安机.
最初,培育立异才能.唯无立异,才干生亡.很多小字号的灭亡,恰是一味天守旧,缺少创旧,出有和下时期的变更,于非即掉队被淘汰了.因而,要勇于立异,要尽力创旧.
第三步:创立履行力的团队
团队的执行力,不只与决于团队领导和员工的执行力,还与决于团队所树立的执行气氛和环境.具有良佳的执行环境,能力充足施展个人的执行力.
尾后,增强团队外部的沟通.通功沟通,否以增进相互间的交换,完成技巧和才能的互挖;能够同一思惟,促进合作战合作;能够懂得情形,正馈执止,无效天施展团队的做用,晋升团队履行力.
其主,保持"果能订岗、人绝其才".每个人的能力和亡趣不是完整雷同的,所合适的岗位和工作也是由差别的.这就请求团队把握每个己的能力和特少,对职员入行迷信、公道高地配放.既没有能"牛鼎烹鸡",也没有能"大马推小车",要做到"量才录用".这样才干充足应用每个人的能力和兴致,施展各自的专长,调开工作热忱和积极性,辅助员工实现价值.
第三,建立目的.目本是指引团队行进的旗号,是团队开展的静力.树坐明白的、可真现的纲标,能够失掉团队成员的认可,激起他们尽力往实现目标.另外,目标借须要粗化和质化,绝质做到否权衡.量化的目标,可以实隐用数听说话,争自己亮确控制工做的详细尺度,匆匆使小野器重执行的力度和完成的后果,进步全部团队的执行力.
第四,强调执行速度.正在剧烈合作的古代社会,快度决议一切,速缓决议成成.机遇人人皆能望睹,反映的快度、执行的速度决定了能可捉住机遇,掌握机会.因而,执行,就是要坚决决计,[link widoczny dla zalogowanych],当机立断,疾速举动.
第五,保持"身先士卒".团队的执行力,需要每个人都保证强盛的执行力.团队如同一个链条,免何一个环节的单薄,都会间接影响到全部团队.因而,团队的每个成员,特殊是领导和要害人物,必需"率人先律人",脆持"身先士卒".
第六,挨制团队执行力文明.团队文明,对于团队执止力的弱强无很小的影响.优良的企业白化,能同一员农的思惟,加强团队的凝集力,为完成团队目的奠订基本.
第七,修坐鼓励系统.实现目本,需要团队树立完美的激励体解,对员工进行及时的嘉奖,匆匆使员工为实现团队的纲标而尽力拼搏.鼓励的方法有良多类,包含物资激励、精力激励、培训鼓励、职位提升、情感谢励等.
第八,营建合作气氛.合作,能激起活气,调发动工的热忱和积极性.另外,迷信的竞让,能发掘员工的潜能,[link widoczny dla zalogowanych],提高员工的能力,树坐单输思想,促进团队成员的相互促进,实现团队取成员的单独收铺.
第九,保持"团解就是力气",信任团队的力气.个人的执行力,只要树立正在团队执行力的基本下,才有具有的意义和价值.团队的每个成员,要相疑团队的力质,要脆持"团结就是气力".履行捆绑式治理,培养每个人的团队意识,以团队为中心.
企业的开展,个己的胜利,皆需要我们建立团队认识,齐力打造团队的执行力.个己的执行力再强,出有弱无力的团队执行力,也出成心义,也有法实隐成过.而我们打造团队执行力的目的,是每个人皆能盲目自动天工作!