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If the payment is a personal account, you can report to the developer whether it is a salesperson's behavior, and if it is a corporate behavior, it should be reported to the local real estate authority, market supervision department or tax department.
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The developer collects money from you in a personal account, and the money is likely to be outside the record price of the commercial housing sales contract, similar to the tea fee. Record price + the money received by the developer in your personal account, you can buy it if you can accept it. Ask the distributor to stamp you and issue a document instructing you to pay, but it is estimated that it is a bit difficult.
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The sender's receipt is a personal account, as long as the invoice can be issued and stamped with the official seal.
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Summary. Hello, this is not legal and it is recommended that you do not do it either. The developer belongs to the company, and the business income must go through the company's public account, and the remittance into the personal account is equivalent to the money going into the personal pocket, and at the same time, it is not beneficial to the buyer, and it cannot be proved that the buyer paid the purchase price to the developer.
Hello, this is not legal, and CCB advises you not to do it. The developer belongs to the company, and the operating income must go through the company's file to respect the public account, and the remittance into the personal account is equivalent to the money going into the personal pocket, and at the same time, it is not good for the buyer, and it cannot be proved that the buyer paid the purchase price to the developer.
If this behavior is immortal, let him invoice you. On the receipt of payment, the company's seal and signature indicate that this is valid.
According to the relevant provisions of the enterprise income tax law, the real estate company should pay the enterprise income tax according to the income calculated according to the income, and if the housing payment is transferred to the personal account, Fu Qianhui will not be able to prove the existence of the real estate company's income, and it will not be able to levy business tax and enterprise income tax according to the income, but once the answer is not answered, the relevant personnel and the company will be investigated for legal responsibility according to tax evasion.
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Summary. <>
Hello dear! We will be happy to answer for you, it is legal for the developer to request that the purchase money be remitted to the personal account designated by the developer. The compliant operating procedures are such that the escrow account guarantees the interests of the consumer.
After filing, the developer can withdraw the regulatory funds. This is a way to avoid misappropriation of pre-sale funds.
Is it legal for the developer to request that the purchase money be remitted to the personal account designated by the developer?
Hello dear! It is very coincidental to be happy to answer for you, and it is legal for the developer to request that the purchase money be remitted to the personal account designated by the developer. The compliant operating procedures are such that the escrow account guarantees the interests of the consumer.
After filing, the developer can obtain regulatory funds. This is a way to avoid misappropriation of pre-sale funds.
Accounts have a certain format and structure, which are set according to the accounting accounts, and the accounts are used to reflect the increase and decrease of accounting elements and the results of the early lack of body. The basic name of the account must be consistent with the accounting account, and the content of the audit search is the economic content that should be recorded and reflected in the account, so the account should be set accordingly according to the classification of the accounting account.
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It is not legal for a developer to receive money from a buyer for a private person, as there are multiple risks and implications associated with doing so. First of all, the developer did not transfer the money to the company's account in time after receiving the payment, which was suspected of misappropriation of funds and violated relevant laws and regulations. Secondly, it is difficult for developers to deposit the housing payment into a private account, which is difficult to protect the legitimate rights and interests of the buyers, and cannot guarantee the safety of the housing payment of the buyers.
In addition, if the developer suffers from mismanagement or bankruptcy after receiving the payment, the buyer's payment may also be affected. Therefore, buyers should understand the qualifications and creditworthiness of the developer before paying the house payment, and choose a legal payment method, such as bank transfer, Alipay, etc. If the developer is found to have violated the law, the buyer can protect his legitimate rights and interests through legal means.
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Summary. The relevant legal basis compiled for you is as follows: Article 201 of the Criminal Law of the People's Republic of China A taxpayer who adopts deception or concealment to make a false tax declaration or fails to declare, and evades the payment of taxes in a relatively large amount and accounts for more than 10% of the tax payable, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; where the amount is huge and accounts for more than 30% of the tax payable, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a withholding agent adopts the means listed in the preceding paragraph to fail to pay or underpay the tax withheld or collected, and the amount is relatively large, punishment shall be imposed in accordance with the provisions of the preceding paragraph. Where the conduct in the preceding two paragraphs is carried out multiple times, and it has not been addressed, it is to be calculated on the basis of the cumulative amount. In the conduct of the first paragraph, after the tax authorities have issued a notice of recovery in accordance with the law, the tax payable shall be paid in accordance with the law, and the late payment penalty shall be paid, and criminal responsibility shall not be pursued; However, there is an exception for those who have received criminal penalties for tax evasion within five years or have been given two or more administrative penalties by the tax authorities.
Hello dear, I am glad to answer your <> for you
In this case, you should consult with the developer in time, why not a corporate account but a personal account, in this case, it is recommended to communicate well and then pay the house. Hold the hidden.
The legal analysis made by Qinqin for you is as follows: the developer of the spine burn belongs to the company, and the operating income must go through the company's public account. Remittance to the personal account is equivalent to Qian Yingbei entering the personal pocket, and at the same time, Duan Chen is also not good for the buyer, and it cannot be proved that the buyer paid the purchase price to the developer.
The relevant legal basis compiled for you is as follows: Article 201 of the Criminal Law of the People's Republic of China A taxpayer who adopts deception or concealment to make a false tax declaration or fails to make a tax declaration, and evades the payment of taxes in a relatively large amount and accounts for more than 10% of the tax payable, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; Where the amount is huge and accounts for more than 30 percent of the tax payable, the sentence is to be between three and seven years imprisonment and a concurrent fine. Where a withholding agent adopts the means listed in the preceding paragraph to fail to pay or underpay the tax withheld or collected, and the amount is relatively large, punishment shall be imposed in accordance with the provisions of the preceding paragraph.
Where the conduct in the preceding two paragraphs is carried out multiple times, and it has not been addressed, it is to be calculated on the basis of the cumulative amount. In the conduct of the first paragraph, after the tax authorities have issued a notice of recovery in accordance with the law, the tax payable shall be paid in accordance with the law, and the late payment penalty shall be paid, and criminal responsibility shall not be pursued; However, in the past five years, only Pinet has received criminal penalties for tax evasion or has been given more than two administrative penalties by the tax authorities.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
I bought the stool hidden library is to the development of the jujube banquet hall business's private account, I now only have the contract socks in my hand, and the payment receipt, I want the developer to give the invoice, the developer has to charge an additional 2000000 to open, what should I do in this situation.
You can't pay money.
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Summary. In general, developers do not charge private individuals for their houses. Since the real estate developer is a legal person, it should collect the payment for the property as its own legal person, not as a private person.
Generally, the buyer should pay the fee to the legal person of the developer so that the developer can record and make inquiries. In addition, in order to better protect the rights and interests of consumers, developers should also open corresponding accounts on legal entities to better manage the funds of home buyers. <>
In general, developers do not charge private individuals for their houses. Since the real estate developer is a legal person, it should collect the payment for the house as its own legal person, rather than a private person. Usually, the buyer should pay the fee to the legal person of the developer so that the developer can record and inquire about it.
In addition, in order to better protect the rights and interests of consumers, developers should also open corresponding accounts on legal persons to better manage the funds of home buyers. <>
Legal basis: Laws can be divided into constitutions, laws, administrative regulations, local regulations, autonomous regulations, and special regulations. Law is subordinate to the peremptory norms of the Constitution and is the concretization of the Constitution.
The constitution is the foundation and core of national law, and law is an important part of national law. As of November 2019, there were 300 laws in force in China. <>
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Summary. Hello dear, it is legal for real estate companies to use private households to collect sales money, and the vast majority of real estate development companies are private enterprises. Therefore, when you buy a house and pay for the house, it doesn't matter what account the development company uses to collect the money.
As long as the developer gives you the receipt of the opening company's seal, it is reasonable and legal, and it is legally valid!
Hello dear, it is legal for real estate companies to collect sales money from private households, and the vast majority of real estate development companies are private enterprises. Therefore, when you pay for the house in Fuxu, it doesn't matter what account the development company uses to collect the money. As long as the developer gives you the receipt of the opening company's seal, it is reasonable and legal, and it is legally valid!
Hello dear, generally, the home buyer should pay the fee to the developer's corporate account spine selling mold so that the developer can make a record and make an inquiry. In addition, in order to better protect the rights and interests of consumers, developers should also open corresponding accounts on legal entities to better manage the funds of home buyers.
The down payment for buying a house, the developer gave a private one, what should I do, go and sue them.
Hello dear dear, you can collect relevant contracts, invoices, and evidence to prove your claim to the court to file a lawsuit.
Report or make an accusation to the public security organs, people's procuratorates, or people's courts. You can report to the police, or you can file a lawsuit with the court at the same time, demanding that the contract be revoked, and that the developer return the purchase price and interest, and compensate for the loss. Legal basis:
Article 110 of the Criminal Procedure Law: Any unit or individual who has made a case or a criminal suspect has the right and obligation to report or report to the public security organs, people's procuratorates, or people's courts. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property. Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports.
Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs. Where the offender voluntarily surrenders to the public security organs, people's procuratorates, or people's courts, the provisions of paragraph 3 apply.
I don't understand, whether I sue or not.
Hello dear dear, in this case, it is recommended that you sue directly, otherwise it is difficult for your legitimate rights and interests to be protected.
You say that it is legal for developers to collect money from private households.
Hello dear, because the vast majority of real estate development companies are privately owned. It is legally binding! Private housing payments are prone to disputes, and they are suspected of evading tax payments, so can I still sue for this.
Hello dear, of course you can, what evidence do you collect.
Hello dear: 1. Housing sales contract; 2. Housing payment receipts, transfer records, chat records, etc.; 3. Other evidence to prove the facts asserted by the party.
Hello dear, yes, transfer records can be used as evidence.
It is possible to file a lawsuit in court.
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