Six Key Points In Daily Work Of Financial Personnel

In addition to mastering accounting knowledge, financial personnel should also master as much knowledge as possible about taxation, economic law and so on. This is also the reason why the tax and economic law is listed as an examination subject in the title examination and CPA examination.

In order to help financial new people avoid risks, some legal and tax risks that are easy to be overlooked in the day-to-day operation of enterprises are sorted out.

First, accounts receivable overdue for two years will lose the right to win the lawsuit.

Risk:

Accounts receivable overdue for more than two years may not be recovered, even if the court is prosecuted, the court will not support it.

The law stipulates:

The time limit for limitation of action to request the people's court to protect civil rights is two years, unless otherwise provided by law.

The period of limitation of action shall be counted from the time when it is known or ought to know that the right is infringed.

The limitation of action is interrupted by the request or consent of the party concerned.

The limitation of actions shall be recalculated from the time of interruption.

If the party voluntarily fulfil the lawsuit, he will not be limited by the limitation of action.

(see "general principles of civil law")

That is to say, when this clause is applied to accounts receivable, when the agreed repayment period is over, it is necessary to prosecute within two years. The law can protect its legitimate rights and interests. If the limitation period of litigation has exceeded two years, although it still enjoys and may exercise the right to sue, it will lose the right to petition, and the court will refuse to prosecute on the grounds that the claim has exceeded the limitation of action.

After losing the right to win the lawsuit, the original debt is converted into natural obligation, and the law is no longer coercive protection. It can only be constrained by the credit and morality of the arrears.

Risk prevention:

In the daily financial management, the accounts receivable should be paid attention to at any time. Special accounts should be paid to accounts receivable which have no economic pactions and receivables and account for more than one year. Such accounts receivable should be collected regularly by written reminder letter.

The letter of collection should be confirmed by the signature or seal of the other party, or be collected by other means that can prove the instrument to the other party. For example, by express mail, telegram, registered letter, etc., it is important to note that this way must be indicated as a reminder letter.

If the limitation of action has been passed, it should try to get the other party to make a repayment plan, or sign and seal the letter of reminder, and promise to repay the loan before a certain time. As long as the other party promises to repay again, that is, "reconfirm the original debt", the limitation of action can be interrupted, and it can be calculated again.

The "reconfirmation of the original debt" mentioned here refers to the creditor's intention to reclaim the overdue loans, and the debtor's signature or seal is recognized and is willing to continue to fulfill the obligation [(2006) no 106th).

Special reminder:

Reconciliations do not allow the limitation of action to be interrupted unless there is a clear declaration of intent in the reconciliation.

Because of this, in order to raise the response rate of the inquiry letter, the office generally specified in the letter of inquiry that "this letter is only used to review the accounts, not to prompt payment."

Oral collection can not interrupt the limitation of action because it can not be proved.

Two. Invoice should be invoiced before payment is received.

In daily life, after the buyer pays the bill, it is a common practice for the invoice to give the buyer a receipt. But in the economic activities between enterprises, the seller first makes the invoice, and the buyer receives the invoice and then pays the payment. This is also a very common practice.

Who knows, this common practice conceals the risk of being repudiation.

Some rogue companies will default on the fact that they have paid cash in cash and have invoices as evidence.

The theoretical basis of these rogue companies is as follows:

The law stipulates:

The invoice in the third article of the "invoice management measures" refers to the collection and payment voucher issued and collected in the purchase and sale of goods, the provision or acceptance of services and other business activities.

It is fair to say that in China, under the circumstance of vote control tax, the receipt of invoices and the collection of goods are completely divorced from many cases. Even if the rogue company reacts on the grounds that the "payment of goods has invoices as evidence", the court should reject it.

However, in judicial practice, there are courts which are based on the third article of the invoice management method. They believe that the invoice should be a legitimate receipt for receipts and a receipt for receipts in economic activities. In this case, the defendant holds the invoice issued by the plaintiff, which is in the dominant position of evidence in the lawsuit, and the plaintiff has not cited effective evidence to prove that the payment fact does not exist.

Because of this, we must pay attention to such risks in our daily economic dealings.

The following precautionary measures can be taken:

Risk prevention:

When examining the contract, the finance department urges the business to add the corresponding clauses, stipulates clearly that the invoices issued shall not be collected as proof of payment.

If the contract has been signed, the receipt of the invoice can be issued by the other party when the invoice is issued. It should be specified that the amount has not been received or written on the back of the invoice, "payment is not yet paid" and signed by the other party.

Three. Prudent and prudent risks in entrusting receipts and entrusted payments.

In daily economic pactions, for various reasons, the other party may not receive direct payment or payment, but entrust other units / individuals to collect payment.

In such a situation, be careful and cautious. Not only verbal advice from the other business person or finance is required, but there must be corresponding written authorization or notice. Otherwise, the following may be encountered.

:

When a creditor's unit entrusts third party units to collect, the creditor's right unit may claim that he has not received the money and demanded payment again.

When the debtor unit entrusts third party units to pay for it, the third party unit may return the corresponding amount with the request of "returning unjustified enrichment".

Risk prevention:

When a creditor's unit requests payment to the third party, it may request that it provide corresponding written power of attorney or written notice, clearly indicating that third party units are entrusted to collect money. When the debt unit makes the third party units to pay for it, the debt unit and the third party unit shall write out the description of the book, and jointly confirm the fact that "the third party unit takes the place of the debt unit to pay the money".

Four, the receipt is not "three in one" VAT invoice, careful risk.

When purchasing goods or accepting related services, the financial personnel usually ask the other party to provide VAT invoices in order to reduce the tax burden.

The supply unit may not have the general taxpayer qualification, but it is guaranteed to provide VAT invoices.

The main method adopted is to allow affiliate units to act on behalf of, or allow suppliers or manufacturers to directly vote on behalf of them.

In such a situation, financial personnel must be careful and strictly follow the requirements of the 39 announcement of the General Administration of Taxation in 2014 to see whether the special VAT invoices provided by the other party comply with the requirements of "three in one" for goods (services) flow, capital flow and invoice flow, otherwise, they may be implicated due to false invoices.

The law stipulates:

Slightly.

Refer to the notice of the State Administration of Taxation on the issues concerning taxpayers issuing special invoices for value added tax externally (Bulletin No. thirty-ninth of the State Administration of Taxation on 2014) and the "Regulations on the management of invoices in People's Republic of China".

Five. Sign

Time deposits or deposits should be distinguished.

Financial officers who have learned economic law know that deposit is a kind of payment in advance nature, and deposit is the guarantee of performance and a guarantee of contract performance.

Because it is a guarantee, once a breach is made, as a punishment, the default party has no right to ask for the return of the deposit (or double return).

Therefore, when examining the contract (receipt), the financial personnel should use the deposit according to the circumstances.

So as not to cause losses.

The law stipulates:

The 115th parties of the contract law can guarantee the payment of a deposit to the other party as a guarantee of the creditor's rights in accordance with the People's Republic of China guarantee law.

After the debtor has fulfilled his obligations, the deposit shall be made to the price or recovered.

If the party paying the deposit fails to perform the stipulated debts, he shall not have the right to claim the return of the deposit; if the party receiving the deposit fails to perform the stipulated debts, it shall double the deposit.

The amount of the ninety-first deposit in the Guaranty Law shall be agreed by the parties, but shall not exceed twenty percent of the principal contract value.

Six, shareholders' loans to purchase personal assets should be returned at the end of the year, otherwise they will have to pay personal income tax.

We know that the private consumption expenses of individual shareholders who are reimbursed by enterprises are to be paid personal income tax.

However, it is easy to ignore that the shareholders or their family members borrow money to buy assets and write them down to their own names. This loan will be returned at the end of the year. Otherwise, the individual income tax should be paid in accordance with the "dividend dividend".

The law stipulates that an enterprise investor, an investor, a family member or other personnel of an enterprise shall borrow money from an enterprise to purchase houses and other property, and register the ownership as an investor, an investor family member or other personnel of the enterprise, and shall not return the loan after the end of the loan.

No matter whether the owner of the property has paid the property to the enterprise without compensation or paid, the quality of the property is allocated by the enterprise to the individual in kind, and the personal income tax shall be collected according to the law [fiscal and taxation [2008]83 document].