"Tax avoidance" 160 million? East Hundred Group actual control person hands mutual fight

East Hundred Group (600693. SH) The actual control person Bidecai from selling the stock behind, seems to hide more secrets. (See this newspaper October 15, "The Qin Zhou Company and the East Hundred Group of the universe is a deliberate plan") "East Hundred Group is a tightrope." The actual controller has many problems since he sold himself and sued himself to recover the company's equity. "People familiar with the matter told reporters," The sale of Low-cost, and then the court to enforce the resumption, which exists in the midst of tax evasion suspicion.　　"What is the secret behind such a rare self purchase and a charge to buy and sell shares in a listed company?"　　"Evade" enterprise income tax 160 million yuan? June 29, 2009, the East Hundred group holding shareholder Chin Zhou Company and the actual controller Bidecai signed a share transfer agreement, will be held by the East Hundred Group limited sales conditions of the circulation of 59956520 shares (accounting for the East Hundred group total share capital of 17.47%), transfer to Bidecai.　　Bidecai is the chairman of the East Hundred group, holding 85% of the company's shares. The announcement indicated that the transfer price of the East Hundred Group shares is 1.613 yuan/share, the total transfer is 96709866.76 yuan.　　By the end of June 2009, the East Hundred group of net assets per share of 1.63 yuan, the transfer price per share is not yet the net assets per share. "This is in ' circumvention ' of corporate income tax. "The aforementioned people close to the East Hundred group think," Chin Boat Company will be held by the East Hundred Group shares sold to Bidecai, equal to sell themselves, this is so low price, but according to the enterprise Income tax law and corporate accounting Standards and other relevant regulations, this is related to transactions, should be ' independent trading principles ' pricing. "Enquiries learned that the East Hundred group June 29, 2009 and its last trading day June 26 closing price, respectively, 8.79 Yuan and 8.87 yuan, about the Qin Boat company and Bidecai related transaction price 5.5 times times.　　The above people believe that, according to this fair market price and 25% of the enterprise income tax rate calculation, Qin Zhou company transferred to the Bidecai of East Hundred group Equity, according to law should pay enterprise income tax more than 160 million yuan. "The transfer price is 1.613 yuan/share, less than the company at that time to obtain the East Hundred Group shares of the unit price, but the total amount is quite, so there is no issue of corporate income tax."　　said the person. December 20, 2001, the Fuzhou Finance Bureau will be held accounted for 20% of the East Hundred group 26,401,738 shares transferred to the chin Boat Company, the transfer price of 3.6943 yuan/share, the total of 97.5359 million yuan. The equity transfer was approved by the State Council SASAC and the SFC on December 7, 2005 and June 20, 2006 respectively.　　Since then, after the share reform and multiple transfer of equity, Chin Boat Company held shares increased by nearly 1.3 times times, but accounted for a decrease of 2.53%. For such related transactions, Fujian Provincial Tax Office, the relevant person in charge of income taxes, said that transactions below the market price is clearly contrary to the principle of fair trading, deliberately reduced taxable income or the amount of revenue, the tax authorities will be in accordance with reasonable pricesAdjust and approve its taxable income.　　Transactions with special circumstances below market prices must be submitted to the tax authorities for proof, but it is another matter whether the tax authorities can be persuaded.　　And the company's transfer of the East hundred shares, according to the signing agreement on the last trading day of June 26, 2009, the closing price of its equity value has reached 5.5 times times.　　Can be corroborated, February 2, 2008, the company will hold the East hundred group accounted for 6.06% of the total shares of 8 million shares, to 190.4 million yuan to the president of the management team Wei Liping, transfer price of 23.8 yuan per share, than the agreement signed on the last trading day close to 22.95%. February 27, 2009, the company's shareholders Bidecai, Wang Yunping, respectively, holding its 19% stake and 15% stake in the company, transfer to Wei Liping and its representatives of the East Hundred Group Management team, the total amount of the transfer of 158.4 million yuan,　　The transfer price of the East hundred group per share of 9.9 yuan, compared to the agreement signed on the last trading day fell 13.4%.　　The transfer of these two shares, although not in the end, but its agreement transaction price for the East Hundred group at that time per share of net assets of 6.86 times times and 4.75 times times, and the company's transfer to Bidecai the situation contrasts. The question of "tax avoidance" is also the same as the "evasion" issue of the "Bidecai", which has been forcibly executed by the court to recover the shares previously transferred to the company. "If the fair market price and the 20% personal income tax rate are calculated, it is expected that the personal income tax should be paid more than 100 million yuan," said a person close to the East Hundred group.　　"The person believes that the company and the Bidecai between the sale of self-purchase and their own behavior, has violated the pricing principle of linked transactions." According to the announcement, May 12, 2010, Qin Zhou Company to Mercure Biedermeier in accordance with the contract agreed to pay the transfer of shares, the Bidecai to the Fujian Provincial High Court. Fujian High Court decree to terminate the agreement signed by the two parties, Mercure Biedermeier should be held in the East Hundred group 17.47% shares returned to the chin-boat company.　　However, because Mercure Biedermeier did not fulfill the obligation according to the time limit, the High Court of Fujian province appointed the case to the Taining County court for enforcement.　　However, after the court ruled that the Bidecai owned by the East Hundred group shareholding changes held by the company, the actual control of the East Hundred group has not changed, still Bidecai. "The so-called court enforcement is only a means of evading personal income tax." The evidence shows that the reason why Mercure Biedermeier did not pay the equity transfer under the contract is entirely fictitious. "The transfer of equity has been completed by the statutory Transfer registration procedure and cannot be taken back in the name of arrears, which is another legal issue," said the source.　　"The notice shows that the company and Bidecai between the holding of the East Hundred Group shareholding transfer to the change of registration procedures, respectively, August 10, 2009 and October 19, 2010 in the Shanghai branch of the company completed. The report on the change of the detailed equity announced by the East Hundred Group July 2, 2009 also stated that BidecaiAll shares of the East Hundred group, in accordance with the Agreement on the transfer of shares to all cash payment, all funds from the BIDECAI's own funds.　　In addition, in Qin Zhou Company will be the East Hundred group share transfer to BIDECAI and change registration procedures only half a month, Bidecai on August 25, 2009 will be one of the 21.5 million shares (6.26% of the total share capital), pledged to ICBC Fuzhou South Gate Branch, for the provision of loans for the guarantee.　　And to the company will Mercure Biedermeier before the court, the court before the enforcement of the August 23, 2010, Bidecai and its holding of the pledge to the ICBC Fuzhou South Gate Branch of the 30 million shares (accounting for 8.74% of the total share capital), handled the security pledge registration and cancellation formalities. "Equity pledge to the bank, the quality of the person must provide the accounting firm to its share capital contribution issued by the Capital verification report."　　Said a person in the bank credit department.　　From this, these close to the East hundred Group of people believe that the transfer has not been paid, it is not possible to take equity pledge to obtain bank loans, therefore, the agreement between the company and Bidecai share transfer, there is likely to be a number of different versions, that is, according to the need to submit to the company, banks, courts The problem is that the East Hundred Group 2009 Annual Report and 2010.5 Annual report are disclosed, Bidecai held a stake has pledged 37.8 million shares, and August 23, the lifting of the pledge of 30 million shares.　　The difference between the 7.8 million shares, whether in the name of Bidecai pledged, is unknown.　　A related fact is that, according to the Industrial and commercial registration information, holding 85.86% shares of Bidecai, since 2001 has been the company's legal representative, but May 7, 2010, BIDECAI will be the company's legal representative to change to Yang Ping. "The practice is to provide convenience for litigation, although it is not possible to avoid suing yourself, but there are two different names on the indictment." said the person. "will be held by the East Hundred group stake in the Qin Zhou and Bidecai between the company, the purpose lies in the upcoming reduction of tax avoidance." "In accordance with previous provisions, the personal transfer of the shares of listed companies to the provisional exemption from the imposition of personal income tax, but December 31, 2009, the Ministry of Finance, the State administration of taxation, the SFC jointly issued a notice that since January 1, 2010, the personal transfer of restricted stocks obtained, in accordance with the" Proceeds of property transfer "　　Tax rate levied on individual income tax.　　and November 1, 2010, the company held the East Hundred Group Limited sale conditions of the circulation of shares listed 17,161,129 shares. "The imposition of individual income tax regulations, which upset Bidecai's own purchase plan, had to be enforced by the courts to return the equity to the Chin Zhou Corporation, which would exempt individual income tax." "Corporate income tax can be offset by a variety of costs, investments and losses," the source said. "The person also believes that the court enforcement for the chin Boat Company to recover the stake in Bidecai, but roamed, designated far away in West Fujian MountainDistrict, the Taining County court, which has nothing to do with the case, is puzzling. "It is impossible to have a stake in your own, to sue the court and apply for enforcement," he said. ”