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Recently, 12309 China Prosecutor's Network published an indictment: Xu Wen County People's Procuratorate with Xu Inspection Criminal v. (2020) Z253 indictment, the defendant Chen a certain fraudulent tax, falsely opened 12 ordinary invoices, the amount involved in the case a total of 9.368 million yuan was arrested.
It is understood that the defendant Chen a certain in the name of a medical device Co. , Ltd. and Xuwen County Central Hospital signed a contract to buy ICU medical equipment, Xuwen County Central Hospital to the company to pay for the purchase of medical equipment, the defendant Chen a certain in order to avoid taxes, its in 201 In March 2004, in Nanchang City, Jiangxi Province, 12 false invoices for purchase were forged by invoicers to Xuwen County Central Hospital for the settlement of the purchase of medical equipment, the face value of the 12 false invoices totaling 9.368 million yuan.
The court held that the defendant Chen, in order to cheat taxes, violate the invoice management system, falsely issued a special invoice, the circumstances are particularly serious, his behavior violated the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is true and sufficient, should be investigated for criminal responsibility for the crime of false invoicing.
unique, three days ago, another pharmaceutical representative falsely indding the industrial chain was informed by the police.
According to the Guangzhou police, Haizhu police, in cooperation with the Third Inspection Bureau of the Guangzhou Municipal Taxation Bureau, destroyed a criminal industrial chain consisting of drug manufacturers, agents, "pharmaceutical representatives" and individual hospitals and pharmacies, and arrested 41 suspects led by Lai (male, 39 years old), initially identifying the amount involved in the case amounting to 1.5 billion yuan.
, according to relevant media reports, the police found a number of pharmaceutical agencies suspected of falsely opening VAT invoices.
through the above-mentioned companies and downstream do business in hospitals, pharmacies to investigate.
police through the investigation, found a walking between these pharmaceutical agencies and hospitals, pharmacies between the special group - pharmaceutical representatives.
Pharma representative ticket, drug prices pushed up 2-3 times reported that the above-mentioned pharmaceutical representatives and pharmaceutical agencies in cooperation with the agent company in the name of the regular manufacturers to purchase drugs, and then through the "shell company" pharmaceutical companies to create false transactions, forge transfer records, issued VAT invoices in the form of drug prices pushed up 2-3 times or higher, high prices sold to hospitals and pharmacies.
After obtaining high profits through false transactions and false inrasing, they will be prorated with the agency (pharmaceutical representatives account for 85-90%, companies account for 10-15% of the division, and then give the network of hospitals, pharmacies procurement staff high rebates to maintain the relationship.)
they called this form of cooperation a "pass."
Finally, the task force found that five pharmaceutical agencies in order to fill the "pass" generated by the special VAT invoice gap, by paying the face value of 5% to 10% of the handling fee, to the upstream ticket sellers illegally purchased from Guangdong, Hunan, Anhui, Hainan, Zhejiang and other "shell companies" issued about 13,000 special VAT invoices, involving about 220 million yuan in taxes, the total value of about 1.5 billion yuan.
, the agency in the form of "payment of money", the illegally approved transfer to the designated account of the pharmaceutical representative as a rebate, the cumulative amount of 360 million yuan.
the above-mentioned cases, the pharmaceutical representatives and pharmaceutical agencies involved are important links in the pharmaceutical industry chain, with the increase of anti-corruption efforts in medicine, the two have become the focus of the relevant departments to check the object.
, in the context of the third phase of the gold tax, according to incomplete statistics, the country's 10,000 pharmaceutical enterprises, because of false insaling was strictly cleaned up enterprises, in 2017 reached more than 1000.
with the implementation of the two-vote system nationwide, the tax group has conducted an audit of the tax situation of pharmaceutical companies and third-party service companies in order to achieve source supervision.
fact, because the sale of gold often involves tickets and tickets and other means, the pharmaceutical industry is the disaster area of false insalining. after the
two-vote system, the traditional agency level was abolished, the invoice process between pharmaceutical companies and hospitals was simplified to: manufacturers - circulation enterprises - hospitals, capital flows into: hospitals - circulation enterprises - manufacturers, sales model from the original "low open" to "high open".
and with the cancellation of layer-by-layer subcontracting, a large number of "consulting management services" and "medical technology consulting" and other third-party service companies appear in the market.
these shell companies under the CSO banner, for pharmaceutical companies to allocate marketing costs, is an important part of gold sales.
, a number of CSO companies emerged after the two-vote system, replacing the role of multi-level agents, the industry size of up to 21.3 billion.
but as many tax compliance issues surfaced within CSO companies, a number of companies went bankrupt.
by sky-eye survey statistics, only in 2017 the national registration of pharmaceutical CSO-type enterprises as many as 140,000, in 2018 only 100,000 enterprises.
CSO still has many problems to be solved in operation and development.
of the 40,000 CSO companies that closed in 2017, 3 percent had an official record of administrative penalties, 17 percent had unusual operations, 19 percent had their marketing licenses revoked, and 27 percent had their marketing licenses revoked.
, compliance promotion for CSO enterprises remains an industry challenge to be addressed.
June 5, nine ministries, including the National Health and Health Commission, the Ministry of Finance, the State Administration of Taxation and the Ministry of Public Security, jointly issued the key points of the anti-corruption work in medicine in 2020, clearly focusing on CSO.
documents make it clear that pharmaceutical companies will crack down on illegal activities in which pharmaceutical companies collude with the CSO to cash out fictitious fees to cover illegal marketing costs.
In addition, the state's management of pharmaceutical enterprises has been strengthened, enterprises are also facing increasingly strict tax management, the State Health Insurance Administration issued two heavyweight documents " pharmaceutical prices and credit evaluation of the operating norms (2020 edition)" and "pharmaceutical prices and credit rating of the discretionary benchmark (2020 version)", prohibit false inditation.
, with the pharmaceutical industry's strict supervision of CSO and other companies, corporate tax compliance will directly affect corporate credit, and even the final product promotion and performance.
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