The futures market is an open market. Participants participate in trading according to trading rules and enjoy corresponding rights and obligations. As one of the clearing methods of futures trading, physical delivery plays an important role in ensuring the three fairness principles of futures market. Whether to choose physical delivery is one of the rights of futures trading participants. However, whether the futures market can make delivery and ensure that all traders make delivery in the same capacity is not a problem that the futures market itself can solve. One of the sticking points is the relevant provisions of the state on value-added tax for futures delivery.
Value-added tax is a tax levied on the sale of goods or the provision of services. However, not all taxpayers can pay taxes under the same conditions in the process of tax payment. Its collection targets are general taxpayers and small-scale taxpayers, and natural persons are not within its jurisdiction. Small-scale taxpayers and ordinary taxpayers are distinguished according to the different recognition of their sales and sound accounting by tax authorities, and they also enjoy different tax treatment. The difference lies in whether you are qualified to use the special VAT invoice, and whether the obtained or issued VAT invoice can be deducted.
In the futures delivery business, in order to ensure the smooth delivery link and clarify the rights and obligations of the delivery party, the delivery rules generally have clear requirements for the issuance of VAT invoices. Taking Zhengzhou Commodity Exchange as an example, Article 9 of its delivery rules stipulates: "The transfer process of VAT invoices is: the delivery seller's investors issue special VAT invoices to the corresponding buyer's investors, and the VAT invoices issued by the investors are handed over, collected and checked by the members of both parties, and the exchange is responsible for supervision ... If the VAT invoices are not paid, the seller's members must pay a penalty of 65,438+03% of the paid amount." Although the regulations are relatively clear, many people can't understand the express or implied meaning because of the strong professionalism of VAT business. According to my own understanding, the author tries to analyze the implied legal relationship.
First of all, "the delivery seller's investor issues a special VAT invoice to the corresponding buyer's investor" stipulates the rights and obligations of the customer. Meaning: (1) The principals of both parties must be general taxpayers before issuing or obtaining special VAT invoices. (2) If the buyer's delivery person is not a general taxpayer, he is not eligible to obtain a special VAT invoice. Although the consignee of the seller is an ordinary taxpayer, it cannot issue special invoices to unqualified taxpayers. (3) The seller and consignor are not ordinary taxpayers, so it is definitely impossible to issue special VAT invoices. If the buyer is a general taxpayer, it shall compensate the other party for the liquidated damages of 65438+ 03% of the payment.
Secondly, "VAT invoices issued by investors are handed over, collected and verified by members of both parties, and the exchange is responsible for supervision", which clarifies the rights and obligations of members and the exchange. The futures market settlement system is hierarchical, with exchanges as members and members as customers. In the process of VAT invoice circulation, members should not only be responsible for circulation and collection, but also assist in verification. In this process, customers are responsible for the authenticity of their invoices, members are responsible for the authenticity of customers' identities, and exchanges are responsible for the authenticity of membership identities. The customer shall ensure that the transaction is true and the invoice is the customer's invoice; Members play the role of verification here, and should verify the identity consistency between the customers who open accounts and the customers who issue invoices, and be responsible for the verification results; In this process, the Exchange shall supervise the delivery of invoices by both parties in accordance with the time and procedures stipulated in the delivery rules, or in case of failure, the relevant provisions of the rules and detailed rules shall be followed.
In addition to the above explicit meanings, it actually includes some implied meanings, mainly from the relevant tax laws and regulations of the state. Fourth, the input deduction of VAT invoices, that is, what kind of VAT invoices can be deducted. This question is derived from the third question. That is to say, if the seller's customer has the problem of issuing VAT invoices on his behalf, what impact will it have on the invoice receiver?
The Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on the Handling of Taxpayers Obtaining False Special Invoices for Value-added Tax stipulates that in goods transactions, if the buyer obtains special invoices issued by a third party from the seller and applies to the tax authorities for tax deduction or export tax rebate, it shall be treated as tax evasion and fraudulent export tax rebate, and the tax shall be recovered according to law, and a fine of less than five times shall be imposed; If the special invoices obtained in this way fail to declare tax deduction or apply for export tax refund, the maximum fine of 6,543.8+0,000 yuan shall be imposed according to the number of people who have obtained special invoices; However, those who know or should know to obtain false special invoices or let others provide false special invoices for themselves shall be severely punished; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
It can be seen that taxpayers must obtain the special VAT invoice issued by the supplier according to law before they can apply for deduction, otherwise, not only the tax paid cannot be deducted, but they may also bear legal responsibilities.
Of course, in the futures market, it is difficult for buyers to judge the authenticity of invoices because buyers and sellers do not meet. According to the current laws and regulations, even if the buyer obtains the special VAT invoice illegally issued by the other party in good faith (good faith means: first, the buyer knows nothing about the illegal act of issuing the special invoice by the seller, and second, it obtains the special invoice for a good and legitimate purpose, that is, deducting the input tax according to law), the tax authorities cannot allow him to deduct the input tax. Of course, this happened on the premise that the seller's tax authorities determined that the seller's invoice was false. Once this happens, if the taxpayer is in good faith subjectively and wants to deduct the input tax or get the export tax rebate, he must ask the seller for a legal and effective special invoice as a voucher again before being allowed to deduct the tax according to law. If you can't get the legal invoice from the seller, there may be disputes, and the possibility of members of both parties intervening and gradually solving the problem is greatly increased. If the customer can't fulfill his responsibilities in the end, then the members who are responsible for it can't be immune.
Fifth, special circumstances: value-added tax deduction of goods entrusted by middlemen. According to the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China on Several Policies and Provisions on Value-added Tax and Business Tax, the act of purchasing goods should meet the following three conditions at the same time: the trustee does not advance funds; The seller issues the invoice to the entrusting party, and the entrusted party forwards the invoice to the entrusting party; The entrusted party shall settle the payment with the entrusting party according to the sales amount and the value-added tax actually collected by the seller, and collect the handling fee. Compared with ordinary purchase and sale, the purchase behavior of this kind of goods is that the buyer pays the purchase price and VAT, and the seller issues a special VAT invoice with the same amount. The difference is that under this kind of buying and selling behavior, middlemen play the role of transmitting information and providing services between buyers and sellers, and charge a certain fee from them.
In the process of purchasing goods, the middleman does not advance the payment for goods, nor does he obtain special invoices for value-added tax, and the input tax on the purchased goods shall be borne by the entrusting party. If the total amount of price tax paid by the entrusting party is consistent with the amount indicated on the invoice, the entrusting party may deduct the input tax with this special VAT invoice according to the relevant provisions of VAT laws and regulations. As for whether the middleman pays the seller in full, it may not be pursued.
In real life, because of the great value of VAT invoice itself, it can bring great benefits to related parties, and some people take risks. The management of it is extremely strict, and the state has spent a lot of manpower and material resources on it, and the investigation and punishment has been increasing, and the punishment is extremely severe. Although the fifth special case is mentioned above, its application in the futures market will undoubtedly conflict with the authenticity of the customer's trading identity, and whether it will violate the relevant laws and regulations on futures trading is worth considering. Therefore, in the futures delivery business, when it comes to value-added tax, we should also be cautious, think twice and act according to law. Customers who are not qualified as ordinary taxpayers should close their positions as soon as possible to avoid undue losses.