问题 问答题

某县国税局于2009年8月对某陶瓷厂纳税情况实施税务检查,发现该厂连续几年采取将价外费用计入盈余公积中,隐瞒收入少缴税款12万元。县国税局确认该厂的上述行为属于偷税,要求其补缴税款,并加收滞纳金1万元,同时处40万元罚款,以上款项限其在15日内全部缴清。此后,县国税局发现该厂在限期内大量转移企业的机器设备、库存商品,县国税局责令其提供纳税担保,但遭到陶瓷厂拒绝。为保证税款、滞纳金和罚款及时入库,县国税局立即采取税收保全措施,冻结其银行存款53万元,该厂对县国税局采取的保全措施不服,向省国税局申请行政复议。 要求:请你作为注册税务师对以下问题进行分析: (1) 县国税局对该厂的定性是否正确; (2) 罚款是否符合规定; (3) 县国税局采取的保全措施是否恰当; (4) 该厂向省国税局申请行政复议是否正确。

答案

参考答案:

解析:(1) 定性准确。根据《征管法》,在账簿上多列支出,不列或少列收入,构成偷税行为。 (2) 罚款金额符合规定。《征管法》规定,对纳税人偷税的,由税务机关迫缴其不缴或少缴的税款、滞纳金,并处不缴或者少缴税款50%以上5倍以下的罚款;构成犯罪的,依法追究刑事责任。本题中,罚款金额40万元低于最高罚款标准12×5=60万元,符合《征管法》规定。 (3) 税务机关采取保全措施不当。根据《征管法》规定,税务机关可书面通知纳税人开户银行或其他金融机构冻结纳税人的金额相当于应纳税款的存款。本题中税务机关采取保全措施,冻结的存款53万元远远大于纳税人的应纳税额12万元,不符合规定。 (4) 该厂向省国税局申请行政复议不正确,应向县国税的上一级市国税申请行政复议;对处罚决定不服的,也可依法向人民法院起诉。

单项选择题
单项选择题

The first time I remember noticing the crossing guard was when he waved to me as I drove my son to school. He (31) me with a puzzle-all because he waved to me like someone does on seeing a close friend. A big, (32) smile accompanied his wave. For the next few days I tried tO study his face to see if I knew him. I didn’t. Perhaps he had (33) me for someone else. By the time I contented myself with the conclusion that he and I were strangers, we were greeting each other warmly every morning like old friends.

Then one day the (34) was solved. As I approached the school he was standing in the middle of the road (35) his stop sign. I was in live behind four cars. Once the kids had reached the safety of the sidewalk, he lowered his sign and let the cars (36) . To the first he waved and smiled in just the same way he had done to me over the last few days. The kids already had the window down and were happily waving their reply. The second car got the same (37) from the crossing guard, and the driver, a stiff-looking businessman, gave a brief, almost awkward wave back. Each following car of kids on their way to school (38) more heartily.

Every morning I continued to watch the man with interest. So far I haven’t seen anyone (39) to wave back. I find it interesting that one person can make such a difference to so many people’s lives by doing one simple thing like waving and smiling warmly. His (40) armed the start of my day. With a friendly wave and smiling fade he had changed the feelings of the whole neighbourhood.

39()。

A. fail

B. try

C. wish

D. bother