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The troubles after Xiamen social security link
Legal analysis: At present, the data of social security center is shared with the tax bureau. If it is inconsistent, it will be punished by the social security center at any time. Therefore, hanging social security in the air requires labor contract, salary payment, social security payment and individual tax declaration. None of these four moves can work. 2. After hanging social security in the air, individuals need to pay it to the company in advance and then return it to the company, which involves huge tax risks. According to the above example, Zhang San still needs to return the 6000 yuan to the company, but how? It is impossible to record according to conventional financial accounting. Can only be collected by individual households. If you are inspected or reported by the tax bureau in the future, it is a typical tax evasion. 3. Hanging social security can reduce corporate profits and income tax. This is a double-edged sword. It will be a bad thing if an enterprise wants to raise funds or go public in the future. If enterprises don't need to do any capital operation, it is good to save some taxes. Because one more head and one more salary, corporate profits will definitely decrease, and natural corporate income tax will also decrease. Then some people say that social security is empty, so don't pay, ok? This tells you that the risk is greater. This will punish both sides. Zhang San's social security benefits may be cancelled, and enterprises may be subject to administrative punishment for "forging materials to pay social insurance premiums for non-employees of their own units", and serious cases may be blacklisted.
Legal basis: People's Republic of China (PRC) Social Insurance Law.
Article 14 Individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.
Fifteenth basic pension consists of overall pension and individual account pension. The basic pension is determined according to factors such as individual cumulative payment years, payment wages, average salary of local employees, personal account amount, average life expectancy of urban population, etc.
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