There is no limit on internet red envelopes? Will small red envelopes become a tool for conveying benefits?

Compared with the traditional red envelopes, the net red envelopes from the "garnish" gorgeous change "main course". However, after the lively, there is a small red envelopes are tax evasion, corruption, the deposit of interest in the settlement of funds, such as many expectations to answer the question.

Last year, CCDI has "the use of E-commerce to provide micro-letter red envelopes, electronic gifts Prepaid card" included in the "anti-four Wind" to investigate the scope. What effect does this have on the Internet red envelopes?

There is no limit on internet red envelopes?

According to statistics, from New Year's Eve to day, more than 8 million users participated in the micro-letter robbery activities, more than 40 million red envelopes were received, the average person robbed 4 to 5 red envelopes. In addition, there are many electric dealers, financial institutions, such as the army to join the red envelope. It is estimated that the major Internet companies in 2015 to sprinkle more than 10 billion yuan of red envelopes.

Red envelopes on the Internet are not limited to the Spring Festival, but have become routine activities. Guangdong Zhaoqing Citizen Li Feijie said, Guangdong life Child, move, even buy a good car will send red envelopes, now also began to use mobile phones to send red envelopes.

How much is the upper and lower limit of the internet red envelopes?

To micro-letter "Red envelopes" as an example, in addition to ordinary red envelopes and luck group of red envelopes, but also divided into marriage, birthdays, housewarming, Liao and other specific red envelopes. Ordinary red envelopes a single amount of up to 200 yuan, the minimum is 0.01 yuan, a lucky group of red envelopes can send up to 100, one-day limit of 8000 yuan, a single limit of 2000 yuan. The specific red envelopes can only be sent to one person at a time, a single amount of up to 1000 yuan, three months can only be sent to the same friend a specific red envelope.

How much can a person collect? Reporters multi-party solution, the parties are vague said unclear. Internet companies have little to do with the cap on red envelopes. Alipay customer service told reporters that the number of packets and the amount of money there is no limit, as long as it is sent to take apart are their own.

A number of experts pointed out that "theoretically there is no limit on red envelopes." ”

Will it contribute to the risk of corruption?

To send and receive red envelopes so freely? Will small red envelopes become a tool for conveying benefits?

September 2014, Deputy Secretary of the Central Inspection Commission, inspection Minister Huang has said that CCDI has been "the use of E-commerce to provide micro-letter red envelopes, electronic gifts prepaid cards" included in the "anti-four Wind" to investigate the scope. Jiangxi, Shenyang, the Ministry of Education, etc., said that will focus on the use of "micro-letter Red envelopes" bribery behavior.

"Network red envelopes and traditional red envelopes do not have the essential difference, this kind of payment may also become a profit-seeking platform, point to point red envelopes in spite of the single amount has the upper limit, but do not rule out the hair card gift into the network red envelopes, replace the traditional red envelopes. "The director of the Institute of Business Economics, Beijing Business University, said.

Experts point out that, although the issue and acceptance of red envelopes in the Internet technology can be traced, but the purpose of red envelopes is difficult to control. Technology itself can not distinguish between good and evil loyalty, not to let "conscientious" drilled loopholes.

"The issue of the Internet red Envelopes, their original intention and purpose, do not rule out some attempts to circumvent the legal economic exchanges, bribery issues, which need to be closely related to the system, the law of the relevant provisions." Dr Li, of Shanghai University's Law school, pointed out that the Internet's technological advantages should also be fully played, so that illegal interests could be transported without any hiding.

Is it suspected of tax evasion?

Red envelopes are soft at the same time, a "micro-letter red envelopes to tax" news in the spring Festival spread. A staff member of the Beijing State Taxation Bureau told reporters that the "personal income Tax Law implementation Regulations" stipulates that incidental income refers to "individual award, winning, lottery and other incidental nature of the income", "micro-letter red envelopes," the income is more accidental, our law stipulates that the accidental income tax rate of 20%.

Beijing asked days law firm lawyer Zhang said that the red packets should be accidental income, and one-on-one red envelopes for recipients are also incidental income, should be taxed. Enterprises to the employees to issue micro-letter Red envelopes are the nature of the bonus, for employees is the income, should be in accordance with the tax law to pay personal income tax.

But some experts have expressed different views. Li Ming, Ph. D. of the Financial Law Research Center of Peking University, pointed out that the red envelope funds transfer should be a personal gift, the participation of red envelopes and the traditional relatives of red envelopes gift difference, legal status still need to be clear.

Faced with the possible tax problems, Beijing Dacheng law firm lawyer Ding pointed out that to strengthen legal research, the tax authorities should put forward more specific solutions and measures.

Whose money is the interest?

Rob a red envelope, most people Rob is "block eight cents", but accumulate the total amount is very considerable.

In the circle of friends, there are smart netizens to the micro-letter to calculate, "if 30% of the users did not choose to receive cash, micro-letter 200 million users 30% of the person issued 100 yuan red envelopes to extend the day to pay, in accordance with the private lending rate, all accounts will produce 1.8 billion yuan of cash precipitation ..."

Does the benefit of this red envelope have anything to do with yourself?

Zhang said that the package of not hair and did not send out the red envelopes, not to mention the red envelopes can be regarded as precipitation funds, should be prepared to pay. Under the property law, unless otherwise agreed, the interest payable shall be vested in the money owner.

Experts point out that, according to the central bank regulation, 10% of the proceeds from the deposit will be paid as a risk, and the rest will be taken away by the enterprise. However, the third party payment platform has not yet announced the specific amount, the distribution of "red envelopes" of internet companies to implement such provisions, or free to use the interest of payment, but also need the supervision of careful investigation, good supervision.

Who's going to supervise?

Network of red envelopes involving taxes, finance, bribery, network fraud and other issues, involving a wide range of hidden dangers, but experts pointed out that the network of red envelopes robbed, but no one tube. These new problems caused by internet finance, there is no clear legal interpretation, the regulatory department also appeared vacant, causing a lot of real confusion.

For instance, because the rules of the Internet red Envelopes are set up by operators themselves, there are many blind spots in regulation, "which financial Management Authority is responsible for supervision and does not clearly point to". Many red envelopes products do not implement the real-name management requirements, the user's payment security is still doubtful how to be protected. Some Internet payment platforms also have the policy risk of unlicensed operation, even the risk of anti-money laundering, the financial order and the protection of the legitimate rights and interests of users bring challenges.

Thy billows call "red envelope" should become the important content of network regulation, the record system should be put on the agenda. Corporate behavior of large-scale network of red envelopes, if the amount of large, such as more than 100 million yuan, participation in more than 100 million people, the distribution of the main enterprises and corporate organizations should be to the territorial Industry and Commerce Administration Department for the record, to accept the corresponding management. Distribution of the subject, amount, rules, audiences should be clear, and the corresponding publicity.

"The priority is to organize civil and commercial law, financial law, criminal law experts in Cross-border dialogue, to explore the study," Xiamen University Law School assistant Professor Shiri Wind that the network red envelopes must first have a clear legal status, and then to operators, transceiver, the amount of restrictions, regulatory responsibility, and so detailed definition. " The government authorities should take up the responsibility and supervise the work properly. (according to Xinhua)