问题 单项选择题

下列说法正确:( )

A.肖某明知自己的自行车车闸不好使,却自以为技术过硬而飞速行驶,当行至一交叉路口时,将一幼儿当场撞死,肖某的行为属于间接故意犯罪

B.某单位犯行贿罪,应依法对单位判处罚金,并对直接负责的主管人员和其他直接责任人员判刑

C.吴某被取保候审,在此期间吴某不得行使选举权

D.某公司承诺向灾区捐款,该公司可以在交付捐款前撤销承诺

答案

参考答案:B

解析:【解析】A项中肖某属于过失犯罪;C项中取保候审不剥夺政治权利,即还具备选举权。《中华人民共和国合同法》规定具有救灾、扶贫等社会公益、道德义务性质的赠与合同或者经过公证的赠与合同,不得任意撤销,但在特定情况下赠与人可行使免除权。合同法第一百九十五条规定:“赠与人的经济状况显著恶化,严重影响其生产经营或者家庭生活的,可以不再履行赠与义务。”D项中该公司的对外承诺及可看做赠与合同,又没有发生特殊情况所以不得撤销。刑法第393条规定,单位为谋取不正当利益而行贿,或者违反国家规定,给予国家工作人员以回扣、手续费,情节严重的,对单位判处罚金,并对其直接负责的主管人员和其他直接责任人员,处五年以下有期徒刑或者拘役,B项正确。

单项选择题

A rare provision in San Francisco’s business tax code that taxes companies when employees cash in their stock options has caused a stir in this hotbed of fledgling tech companies. Remarkably, few companies even knew about the tax, which has been in effect for seven years. But since city officials offered Twitter a payroll-tax break as an incentive for it to remain in San Francisco (the company is considered likely to go public soon), the stock-option provision has suddenly come under intense scrutiny. A number of other booming companies, including Zings, the maker of online games and one of the city’s fastest-growing firms, have threatened to leave the city unless they receive similar payroll-tax exemptions before going public.

Unlike most cities, San Francisco generates most of its business tax revenue through a payroll tax. The Twitter exemption bill, which will be considered by the full Board of Supervisors on April 5, would freeze payroll taxes for six years along a strip of Market Street—where Twitter is set to relocate—and several square blocks in the Tenderloin neighborhood. Twitter executives had been concerned because since 2004 the city’s payroll tax code has counted stock options granted to employees as compensation, which is taxed at 1.5 percent. If Twitter goes public in San Francisco and a large number of workers exercise their options, the city would tax the company on its employees’ stock gains—a bill likely to amount to tens of millions of dollars. "Twitter could be looking at a significantly larger payroll tax liability if and when it goes public," said Ted Egan, the chief economist in San Francisco’s controller’s office.

Because of the dearth of I. P. O. ’s inside the city limits in the last decade, the stockoption tax has gone under radar until now. Businesses, city officials and even seasoned tax lawyers are confounded. "Nobody ever talked about this because nobody’s really tested these issues before," said Thomas H. Steele, a partner in Morrison & Foerster’s San Francisco office, specializing in state and local tax. He said that his clients began calling him this week to ask about the tax’s ramifications. "A Pandora’s box has already been opened," said Supervisor Ross Mirkarimi, a member of the Board of Supervisors’ budget and finance committee, who has expressed concern about tailoring legislation for one company. "We’ve been going about this the wrong way," he said. The recent confusion has added impetus to calls for comprehensive business tax reform by David Chiu, the board president. "The stock option problem is real," Mr. Chiu said. "We have to address it in a fair and responsible way.

About the board president ,which is the correct()

A. His reformatory intent would be more supportive

B. He thinks that it is unfair of the present tax-free system

C. He has the same opinions as Ross Mirkarimi does

D. He thinks present system is confusing

单项选择题