Recently, a special lecture on the new Company Law and the “Judicial Interpretations on Crimes Against Tax Collection by the Supreme People’s Court and the Supreme People’s Procuratorate” was successfully held by the Guangzhou Taxpayer Association. Lawyer Hao Hao, a senior partner at Longan Guangzhou and deputy director of the Longan Bay Law, Finance, and Taxation Integrated Research Center, and Lawyer Li Dingbang, deputy head of the Longan Guangzhou Marriage and Family Department and deputy director, secretary-general of the Longan Bay Law, Finance, and Taxation Integrated Research Center, served as invited lecturers and delivered their respective presentations.

This event was organized by the Guangzhou Taxpayer Association, with the support of Guangdong Zheng China Sui Tax Agent Firm, Guangdong Sinong Accounting Firm, and Beijing Longan (Guangzhou) Law Firm. 37 representatives from companies such as Aofei Co., Ltd., Zhongrun Medicine, Huali Technology, Wangla Ji, Agile Real Estate, and New World Real Estate participated in this event.

Mr. Liu Yang, deputy director of the membership department of the Guangzhou Taxpayer Association, pointed out in his speech that the Guangzhou Taxpayer Association, as an independent third-party platform, aims to build a bridge between taxpayers and tax authorities, thereby further improving assistance services. The theme of this lecture was formulated in the context of the new Company Law, which clearly shows the importance of continuous learning and application of legal and tax knowledge. He hopes that taxpayers and entrepreneurs will enhance their awareness of law and tax matters, and better manage their corporate tax-related affairs.

Mr. Liu Yang

During the presentation session, Lawyer Li Dingbang, deputy head of the Longan Guangzhou Marriage and Family Department and deputy director, secretary-general of the Longan Bay Law, Finance, and Taxation Integrated Research Center, began his presentation. With the theme “Interpretation of the New Company Law from the Perspective of Wealth Management and Inheritance,” Lawyer Li started with the history of amendments to the Company Law, analyzed the key points and trends of these amendments, and focused on the necessity, uniqueness, and innovation of the new Company Law. Then, he discussed five typical scenarios in the context of the new Company Law, using relevant provisions and practices in the Trust Law and Insurance Law, and analyzed aspects such as non-listed company director liability insurance products and the design of equity structures in family trusts.

At the same time, Lawyer Li used a recent case related to the wealth management and inheritance of a family enterprise he handled, to illustrate the planning and implementation methods after the implementation of the Company Law. Finally, he suggested that the integration of legal and tax services would be an effective way to respond to the new Company Law and to manage corporate operations in the new legal environment.

Lawyer Li Dingbang

Lawyer Hao Hao, a senior partner at Longan Guangzhou and deputy director of the Longan Bay Law, Finance, and Taxation Integrated Research Center, presented on “Key Trends in the Judicial Interpretations and Criminal Compliance Related to Tax Collection by the Supreme People’s Court and the Supreme People’s Procuratorate.” Lawyer Hao first introduced the issues related to tax-related risks from a criminal perspective, and discussed how to understand the judicial spirit and direction reflected in the Interpretations. He then explained various criminal charges related to tax issues, analyzed the evolution of these charges in the context of the new Company Law interpretations. He also used a typical case of false issuance of VAT invoices, and analyzed the judgment standards and trends in criminal cases related to tax evasion. Finally, he proposed key points for managing and addressing tax-related criminal risks in the context of the new Company Law.

Lawyer Hao Hao

Mr. Li Jianye, partner at Guangdong Zheng China Sui Tax Agent Firm and partner at Guangdong Sinong Accounting Firm, presented on “Tax Treatment for Loss Compensation under the New Company Law.” Starting from the relevant provisions in the Company Law regarding loss compensation, he analyzed it from accounting and tax perspectives. He used cases and data to comment on different viewpoints, and summarized the key points that need attention and resolution.

Mr. Li Jianye

Mr. Huang Wen, partner at Guangdong Zheng China Sui Tax Agent Firm and partner at Guangdong Sinong Accounting Firm, presented on “Highlights and Deficiencies of the Judicial Interpretations on Tax-related Crimes by the Supreme People’s Court and the Supreme People’s Procuratorate – Also Discussing the Protection of Taxpayer Rights in Tax Evasion Determinations.” Mr. Huang analyzed the new changes in the judicial interpretations, and based on his many years of experience in the tax industry, he focused on the crime of tax evasion. He explained the changes in the provisions related to this crime from a criminal perspective, and analyzed the content of the provisions, administrative prerequisites, sentencing amounts, and calculation standards.

In addition, Mr. Huang also analyzed and summarized the phenomenon of inverted hierarchy and reverse coordination between tax evasion provisions in tax law and criminal provisions related to tax evasion in criminal law. He said that this phenomenon can easily lead to the erosion of taxpayers’ legal rights. Based on this, Mr. Huang discussed the differences in views among taxpayers, tax authorities, and judicial departments regarding whether subjective intent is one of the elements for determining tax evasion, and how taxpayers can protect their rights.

Mr. Huang Wen

After the presentation, participants engaged in lively discussions, exchanging ideas on legal and tax issues. The lecturers actively responded to the questions, and provided further explanations from the perspective of integrated legal, financial, and tax services, helping taxpayers and entrepreneurs improve their awareness of legal and tax risks.

The successful conduct of this event not only highlights the significance of the integration of law and tax, but also demonstrates the necessity of integrated legal, financial, and tax development. In a complex business environment, the close integration of tax and law is a key factor for the stable operation, risk avoidance, and sustainable development of enterprises. Longan Guangzhou will continue to explore and innovate, integrating resources from law, finance, and tax fields, to provide comprehensive, professional, and efficient legal services for taxpayers and entrepreneurs.

Guangzhou Taxpayer Association

The Guangzhou Taxpayer Association is the first non-profit organization in a provincial capital city in China that is initiated by taxpayers, registered legally, and operates under self-management, self-restraint, self-supervision, and self-development. Since its establishment, with the strong support of tax authorities, the association has provided a variety of services, from offline to online, from policy interpretation to practical guidance, from corporate salons to field trips. In 2023, it was recognized by the All-China Federation of Industry and Commerce as a “Four-Have” chamber of commerce.

Currently, more than 300 large-scale enterprises (groups) in Guangzhou have joined the association. Among them, there are state-owned enterprises such as the Guangdong branches of the four major banks, China Southern Airlines, Yuexiu Group, Guangzhou Metro, Guangzhou Restaurant Group, and Guangzhou Pharmaceutical Group; private enterprises include Baiyun Electric, R&F Group, Jidu Technology, Xinghe Bay Group, Jinyu Medicine, and Mingchuang优品; foreign enterprises include Amway (China), Yum! Brands, Infiniti, and明治 Ice Cream; and Sino-foreign joint ventures include Coca-Cola, Hitachi Elevators, GAC Toyota, and Wuyang Honda.