On the issue of the establishment of a company by partnership, the issue of opening a company as a p

First: A does not show up. All contracts are concluded with B and C.

Second: A and B separately sign a license contract, a contract for the distribution of rights and interests, and a contract for the distribution of benefits.

Thirdly, you only need to sign a contract with C. It is noted that technology shares, 30% dividend (excluding tax), B 70% excluding tax) can be negotiated tax issues. In this case, it is actually A who suffers. Equal to A in paying all fees, taxes.

Fourth: annual profit of 1 million dividends. A 600,000, B 100,000, and C 300,000 all have to pay individual income tax. The business tax is deducted from different taxes and fees for different industries.

Individual income tax is divided into two categories and three categories according to different projects, divided into excess progressive tax rate and proportional tax rate, and the excess progressive tax is divided into nine levels and five levels, the ninth level of excess progressive taxable items are wages and salaries, and the fifth level is self-employed income and income from contracted operation of enterprises and institutions, and income from leasing operations. The proportional tax rate (basically 20%) is divided into labor remuneration (a plus levy for more than 20,000 yuan at a time), author's remuneration income (tax payable is reduced by 30%), and property lease income (10%).

The 33% corporate income tax rate stipulated in the old corporate income tax law included two parts: local income tax and ** income tax. The business tax rate of the service industry is 5%, and the new enterprise income tax law stipulates that the enterprise income tax rate of general enterprises is 25%, the enterprise income tax rate of small and low-profit enterprises is 20%, and the enterprise income tax rate of high-tech industries is 15%, and there is no longer a distinction between local income tax and ** income tax.

There are two options for the first person problem, one is to solve it privately, which is highly recommended, and the other is to find a notary and sign a contract between the two parties!

Paying taxes is required, and it's the same as paying taxes!

You have to pay taxes The surface situation of your company is that B accounts for 70 and C 30 The tax bureau doesn't know that A has these 60 things, so the tax must be paid It depends on your turnover It is not who accounts for how much As for the agreement signed between you and B, it is recommended to go to justice and settle accounts with your brother in order to avoid trouble in the future

The first is the planning between different items within the individual income tax. For example, tax planning for executives can convert wages and salaries into business income to reduce the tax rate; Another example is the planning of a huge amount of labor remuneration (Bingbing case), which converts an individual's labor into business income and thus reduces the tax rate.

On the one hand, there is room for planning here is the difference in tax rates, under the old tax system, wages and salaries reach 45%, labor remuneration reaches 40%, and under the new tax system, the comprehensive residual income is also as high as 45%.The maximum tax rate on business income is only 35%, and there are still some tax rate differences; On the other hand, there is the issue of cost, for example, the tax cost of labor remuneration is legally 20%, which is equivalent to a profit margin of up to 80%, and wages and salaries have no cost at all. Through partnerships, it is almost impossible to cover costs and maintain a reasonable profit margin.

The approved profit rate is generally only 10%, and the highest is 40%, not to mention that the maximum profit rate will not be approved.

The second is the planning between individual income tax and enterprise income tax. This is especially evident in this investment industry, where many investment platforms like to form partnerships. On the one hand, there is the difference in tax rates, if the establishment of an enterprise and then obtain income through dividends, 25% of the corporate income tax plus 20% of the dividend and dividend tax, the superposition of 45%; On the other hand, the management requirements of enterprise income tax are relatively standardized and complete, the requirements for enterprises are also high, and the control of verification and collection is also relatively tight.

Partnerships are more convenient, the degree of regulation is also low, and the control of approved collection is relatively loose.

Of course, there are many other purposes for the establishment of partnerships, such as the equity incentives of many companies that also like to use the partnership platform, mainly to consider the concentration of equity, easy to manage, and so on.

Summary. For the establishment of a partnership company, we need to determine the responsibilities of both parties and the authority to lead the company. For this type of partnership company, first of all, we have to look at the form of the shareholding ratio of each partner in the company, usually, we use the funds to confirm its equity, if in this process, other parties have, such as intellectual property realization, etc., can be counted in the scope of equity.

What do you need to know about the relationship between partners?

For the establishment of a partnership company, we need to determine the responsibilities of both parties and the authority to lead the company. For this type of partnership company, first of all, we have to look at the form of the shareholding ratio of each partner in the company, usually, we use the funds to confirm its equity, if in this process, other parties have, such as intellectual property realization, etc., can be counted in the scope of equity.

At the same time, we also need to determine a final say in the company, because if everyone in a company has a decision, then the company will be in chaos, after all, everyone can deny the other person's statement, and sometimes the corresponding policy cannot be implemented, which is not conducive to the normal operation of the company.

At the same time, we should also understand the distribution of benefits such as partnership dividends.

Is it still there? Can you tell me more about the ins and outs of this? This makes it easy for me to ask you questions.

Hello. I'm a 30 percent technology shareholder, and the two of them are 35 percent each

If I'm going to quit, how do I solve the equity problem.

If you currently have 35% of the shares on your side and now you want to exit, there are two ways to solve your problem, the first is that you seek a third party to acquire your shares, and the second is to ask the other two owners to buy your shares.

At the moment, are the two shareholders willing to buy your shares?

I'm thirty percent.

How to sign the most appropriate agreement.

You want to transfer this 30% of the shares, how to sign this agreement, right?

If you are transferring this 30% of the shares, you need to sign a transfer agreement on your side.

If you want to partner and account for 30% in the future, then we need to sign a partnership agreement.

Have you ever learned about these two types of agreements and what to be agreed upon in them?

How to sign a partnership agreement.

What type of effect do you want to achieve with such a partnership agreement?

There is also a partnership agreement, which you have not completed at the moment. For such a partnership agreement, if you don't know how to write it, I can write one for you.

I can write such a contract from your point of view, so that your personal interests will be reflected as much as possible in it, and it will be more beneficial for you if there is a dispute in the future.

1. There are more than two partners. If the partner is a natural person, he or she shall be blind and have full capacity for civil conduct;

2. There is a written partnership agreement with Lu Huai;

3. Capital contributions subscribed or actually paid by partners;

4. Have the name of the partnership and the place of production and operation;

5. Other conditions stipulated by laws and administrative regulations.

1. The applicant goes to the registration authority for pre-approval of the enterprise name and receives the Notice of Pre-approval of the Enterprise Name;

2. If pre-approval is involved, the applicant shall go through the corresponding approval procedures at the examination and approval department after receiving the "Notice of Pre-approval of Enterprise Name" and obtain the approval document or license;

3. The applicant submits the application materials required for establishment and registration to the registration authority and receives the receipt certificate;

4. The registration authority shall make a decision on whether to approve the registration of Hongyou within 5 days after receiving the document; Where it is necessary to verify the application documents and materials, a decision on whether to approve the registration shall be made within 15 days from the date of acceptance;

I hope it will be helpful to you.

There are 2 steps to the formation of a partnership. As follows: 1. Application.

Let the representatives designated by all partners, or the first person jointly entrusted, apply to the enterprise registration authority for establishment and registration; 2. Acceptance, review and decision. If the registration application materials submitted by the applicant are complete and conform to the statutory form, and the enterprise registration authority can register on the spot, it shall register on the spot and issue a business license to the partnership. The enterprise registration authority shall, within 20 days from the date of acceptance of the application, make a decision on whether to register.

[Legal basis].

Article 55 of the Partnership Enterprise Law of the People's Republic of China may be established as a special general partnership enterprise for professional service institutions that provide paid services to customers with professional knowledge and specialized skills.

A special general partnership refers to an ordinary cooperative enterprise in which the partners bear responsibility in accordance with the provisions of Article 5 and 17 of this Law.

The provisions of this section apply to special general partnerships; Where there are no provisions in this section, the provisions of sections 1 to 5 of this chapter shall apply.

The formation of a partnership is determined on a case-by-case basis. The specific process is as follows: 1. Application:

The representative designated by all partners or the person jointly entrusted by the partner shall apply for registration with the relevant registration authority; 2. Acceptance, review and decision: If the registration application materials submitted by the applicant are complete and in accordance with the statutory form, and the enterprise registration authority can register on the spot, it will be registered on the spot and issued a business license to the partnership. The business license of the partnership is issued on the date of the establishment of the partnership.

[Legal basis].Partnership Enterprise Law of the People's Republic of China Article 15 To apply for the registration of a partnership enterprise, an application for registration, a partnership agreement, a partner's identity certificate and other documents shall be submitted to the enterprise registration authority.

Where laws and administrative regulations stipulate that it must be reported to the relevant departments for examination and approval, the approval documents shall be submitted when applying for establishment and registration.

The entities of a limited partnership include general partners and limited partners. The general partner shall be jointly and severally liable for the debts of the partnership, so wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations shall not become general partners.

[Legal basis].Article 2 of the Partnership Enterprise Law of the People's Republic of China.

"Partnership enterprises" as used in this Law refers to general partnerships and limited partnerships established by natural persons, legal persons and other organizations within the territory of China in accordance with this Law. A general partnership is formed by general partners, who are jointly and severally liable for the debts of the partnership. Where this Law has special provisions on the form of liability of the general partner, follow those provisions.

A limited partnership consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.

Article 3. Wholly state-owned companies, state-owned enterprises, listed companies, public welfare blind institutions, and social organizations must not become general partners.