Is it legal to avoid taxes reasonably?

First, tax avoidance is reasonable and legal from the perspective of taxpayers.

Among the taxpayers of individual income tax in China, the first category is resident taxpayers, that is, those who have a domicile in China or have not lived in China for one year, and they are all paid individual income tax on their income within and outside China in accordance with the law; The other category is non-resident taxpayers, that is, individuals who have no domicile and do not reside in China, or who have not resided in China for less than one year, and only pay individual income tax on their income obtained from China in accordance with the law.

Second, use the tax threshold to avoid taxes reasonably.

According to China's current individual income tax law, on the basis of a certain threshold, the excess progressive tax rate is implemented on wages, salaries and other tax items.

Third, use donations to avoid taxes reasonably.

According to the regulations on the implementation of individual income tax, when an individual in China donates his or her income to education and other social welfare undertakings, as well as to areas that have suffered from serious natural disasters and poverty-stricken areas, the amount of which does not exceed 30% of the taxable income declared by the taxpayer can be deducted from the taxable income.

Fourth, the use of provident fund to avoid taxes reasonably.

Individuals can make reasonable supplementary contributions on the basis of the housing provident fund paid by the original unit, that is, they can pay as much as they can, so as to reduce the amount of individual income tax and achieve the purpose of tax avoidance.

The verb (abbreviation of verb) uses wealth management products to avoid taxes reasonably.

With household incomes steadily increasing, family finance and personal finance have become an increasingly fashionable topic. At the same time, you can also carry out reasonable and legal tax avoidance.

The intransitive verb avoids taxes by transferring property or income.

Tax avoidance through the transfer of property or income refers to when the owner of the property or income does not cross the tax boundary, that is, does not change his place of residence and resident (citizen) status, others set up corresponding institutions for themselves in other countries to transfer and divide their own property or income, so as to avoid paying income tax or property tax in the country of residence and enjoy various tax preferences and treatments in other countries.

Article 3 of the Law of the People's Republic of China on the Administration of Tax Collection and Collection shall be carried out in accordance with the provisions of the law on the collection, suspension and reduction of taxes, tax exemption, refund and tax payment; Where the law authorizes ***, it shall be in accordance with the provisions of the administrative regulations formulated by ***. No organ, unit, or individual may violate the provisions of laws and administrative regulations by making decisions on levy, suspension, reduction, exemption, refund, or payment of taxes that contradict the tax laws and administrative regulations.

Legal analysis: Legal tax avoidance refers to the fact that taxpayers take appropriate measures to avoid tax obligations and reduce tax expenditures under the premise of respecting tax laws and paying taxes in accordance with the law. Reasonable tax avoidance is not tax evasion, it is a normal and legal activity; Reasonable tax avoidance is not only a matter of the financial department, but also needs the cooperation of various departments such as market and commerce, starting from various aspects such as contract signing and payment receipts and payments.

Legal basis: Article 201 of the Criminal Law of the People's Republic of China provides that a taxpayer who adopts deception or concealment to make a false tax declaration or fails to declare it, and evades the payment of a relatively large amount of tax 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% of the tax payable, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Is tax avoidance legal, and how to avoid taxes reasonably?

Tax avoidance is legal under certain circumstances or conditions. The reasonable way to avoid tax is that taxpayers take appropriate measures to avoid tax obligations and reduce tax expenditures.

Reasonable tax avoidance is not tax evasion, it is a normal and legal activity; Reasonable tax avoidance is not only a matter for the financial department, but also requires the cooperation of various departments such as market and commerce, starting from various aspects such as contract signing, payment and payment.

What is the definition of reasonable tax avoidance.

Where permitted by law, the key to this definition is that the taxpayer is within the limits of the tax law. Careful arrangements for business and financial activities are made through non-illegal means, and the conditions stipulated in the tax law are met as much as possible, so as to achieve the purpose of reducing the tax burden. Of course, tax avoidance does not exclude the use of loopholes or ambiguities in the tax law to arrange one's own economic activities in order to reduce the amount of tax paid by oneself.

Generally speaking, tax avoidance can be regarded as the taxpayer's use of certain legal loopholes or ambiguities to arrange his own affairs in order to reduce the amount of tax he would have lied. While tax avoidance may be considered unethical, the methods used to avoid taxes are legal and not fraudulent. Tax avoidance is an illustration of the imperfection of the existing tax law and its characteristic defects, which illustrates the unsound characteristics of the existing tax law.

Tax authorities often have to take appropriate measures to amend and correct existing tax laws in response to the deficiencies in tax laws shown by tax avoidance. Therefore, through the study of tax avoidance, the national tax system can be further improved, and only reasonable tax avoidance can be regarded as the right of enterprises and recognized and protected by law and society.

Legal analysis: reasonable tax avoidance is legal, and legal tax avoidance refers to the fact that taxpayers take appropriate measures to avoid tax obligations and reduce tax expenditures under the premise of respecting tax laws and paying taxes in accordance with the law. Reasonable tax avoidance is not tax evasion, it is a normal and legal activity; Reasonable tax avoidance is not only a matter for the financial department, but also needs to leak the cooperation of various departments such as market and commerce, starting from various aspects such as contract signing, payment and payment.

Legal basis: Article 201 of the Criminal Law of the People's Republic of China Where a taxpayer makes a false tax declaration or fails to make a tax declaration by means of deception or concealment, and evades the payment of taxes in a relatively large amount and accounts for more than 10% of the tax payable, he 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% of the tax payable, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Legal Analysis: Tax avoidance is illegal. Tax avoidance is to make the country's tax revenue fall short through abnormal behavioral arrangements, which often lack real and reasonable commercial purposes, and are not engaged in real commercial transactions, but only to obtain the benefits of reducing the tax burden, which are civil acts that conceal illegal purposes in a legal form in civil law.

It is also called a civil act of circumventing the law. That is, a false civil act with a legal form carried out by the perpetrator in order to achieve an illegal purpose.

Legal basis: Law of the People's Republic of China on the Administration of Tax Collection

Article 64 Where a taxpayer or withholding agent fabricates a false basis for tax calculation, the taxation authorities shall order it to make corrections within a specified period of time and impose a fine of not more than 50,000 yuan. If a taxpayer fails to file a tax return and fails to pay or underpays the tax payable, the tax authorities shall recover the tax not paid or underpaid and the overdue fine, and impose a fine of not less than 50% but not more than five times the amount of the tax not paid or underpaid.

Article 65 Where a taxpayer fails to pay the tax payable and obstructs the tax authorities from recovering the tax arrears by means of transferring or concealing property, the tax authorities shall recover the tax owed and the penalty for late payment, and impose a fine of not less than 50 percent but not more than five times the amount of the tax in arrears; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: Is Reasonable Tax Avoidance Legal: Legal tax avoidance refers to the fact that taxpayers take appropriate measures to avoid tax obligations and reduce tax expenditures under the premise of respecting tax laws and paying taxes in accordance with the law.

Reasonable tax avoidance is not tax evasion, it is a normal and legal activity; Reasonable tax avoidance is not only a matter for the financial department, but also requires the cooperation of various departments such as market and commerce, starting from various aspects such as contract signing, payment and payment. Tax avoidance is the flexible use of different tax rates and different tax payment methods stipulated in the existing tax law on the basis of detailed research on the law and taxation on the premise of complying with the Congqing tax law and paying taxes in accordance with the law, so that more part of the profits created by the enterprise can be legally retained by the enterprise. It is like a defense lawyer in court, protecting the legitimate rights and interests of the parties to the greatest extent within the scope of the law.

According to its characteristics and contents, the types of tax avoidance can be divided into three forms: domestic tax avoidance, international tax avoidance and tax burden transfer. We will mainly introduce some of the commonly used tax avoidance methods in China for small and medium-sized entrepreneurs. From a practical point of view, domestic tax avoidance refers to the use of various methods, ways and means by enterprises to avoid domestic tax obligations.

Starting from more realistic conditions, the CEO and financial manager of the enterprise need to solve different problems.

Legal basis: Article 201 of the Criminal Law of the People's Republic of China Where a taxpayer makes a false tax declaration or fails to make a tax declaration by means of deception or concealment, and evades the payment of taxes in a relatively large amount and accounts for more than 10% of the tax payable, he 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% of the tax payable, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Tax avoidance is a violation of tax laws. Tax avoidance refers to the behavior of taxpayers who take advantage of loopholes in the tax law or incomplete knowledge of the good things to achieve the purpose of avoiding or reducing the payment of taxes through artificial arrangements for business and financial activities, and the consequences are to cause direct losses of national revenue, expand the cost of using foreign capital, undermine the principle of fair and reasonable taxation, and distort the income and distribution of the national society.

According to Article 61 of the Law of the People's Republic of China on the Administration of Tax Collection and Collection, if a withholding agent fails to set up and keep the tax account books for withholding and remitting, collecting and remitting tax or keeping the accounting vouchers and relevant materials for withholding and remitting, collecting and remitting, the tax authorities shall order it to make corrections within a time limit and may impose a fine of not more than 2,000 yuan; If the circumstances are serious, a fine of not less than 2,000 yuan but not more than 5,000 yuan shall be imposed.