How should export tax refund agencies declare and pay various taxes compliantly during agency business operations

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I am a newly established company that has just obtained the qualification of agency export tax refund. Recently, I received three foreign trade agency orders. Now the tax filing period is here, and I am completely confused about how our type of company should pay taxes. Our income is only agency service fees.

Does the tax refund paid to the factory count as our income? Do we need to pay taxes on it? Also, which taxes should the principal and our agency respectively pay? Will there be double taxation? I asked several peers before, but their answers were inconsistent.

Some said we only need to pay VAT on service fees, while others said we also need to pay income tax. I am afraid of making incorrect declarations and being subject to tax audits, which will also affect our subsequent tax refund qualifications. Now I am too anxious to sleep and want to clarify the specific compliant tax payment rules.

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Expert Answer

Alexander
AlexanderYears of service:10Customer Rating:5.0

Senior Trade AdvisorStart a Chat

First,it is necessary to clarify the boundaries of taxpayers. Under the agency export tax refund model,the agency company only fulfills tax obligations for the agency service income it earns. The export tax refund paid to the principal does not belong to the taxable income of the agency company and does not need to be included in the taxable income for declaration and payment.

In the pre-link,it is necessary to sort out income classification,distinguishing three types of funds: agency service fee income,advanced and payable funds,and export tax refunds. Both advanced and payable funds and tax refunds are not included in the taxable scope,and only VAT and enterprise income tax shall be declared and paid on the agency service fees.

In terms of core node connection,complete the VAT declaration normally within the monthly tax filing period,and fill in the agency service fees in the brokerage agency service column of modern services. Income tax shall be prepaid quarterly and settled annually. If the conditions for differential taxation are met,VAT shall be calculated based on the sales amount after differential deduction.

Regarding abnormal plans,if incorrect declarations occur due to fund mixing,it is necessary to complete corrected declarations in time within the tax filing period,and provide the tax authority with the agency agreement and fund flow to prove the scope of taxable income,so as to avoid late fees and penalties. Consistency of Four Flows is the core compliance requirement. It is necessary to retain agency agreements,fund flows,export documents,and service fee invoices for future reference. Finally,compliant tax payment can be realized.

Charlotte
CharlotteYears of service:4Customer Rating:5.0

Currency Exchange AdvisorStart a Chat

Cross-border agency export services provided by domestic entities that meet the conditions for service export exemption can enjoy the VAT exemption policy and do not need to pay VAT. It is necessary to handle exemption filing with the competent tax authority in advance, and retain materials such as export goods declaration forms, agency agreements, and collection vouchers for future reference.

If there are domestic and foreign related party transactions, the agency service fee shall be priced reasonably to avoid being identified as profit shifting and triggering BEPS-related investigations. Advance Pricing Arrangement (APA) can be used to lock in pricing rules for the next three years and reduce the risk of tax adjustment.

If non-resident enterprises entrust exports, it is also necessary to withhold and pay withholding tax for non-resident enterprises in accordance with regulations. Attention shall be paid to not omitting withholding obligations to avoid subsequent compliance penalties.

Sophia
SophiaYears of service:7Customer Rating:5.0

Senior Customs AdvisorStart a Chat

Compliance of capital flow needs to be focused on in the export tax refund payment link. The export tax refund collected by the agency company is the amount collected on behalf of the principal, which shall be fully transferred to the principal without diversion and misappropriation. This part of the funds shall not be included in its own operating income, otherwise it will lead to overpayment of taxes and also cause the problem of inconsistency of four flows, triggering tax correspondence inspection.

During the correspondence inspection process, materials such as agency export agreements, tax refund transfer flows, and service fee invoices shall be provided to the tax authority to prove that the tax refund does not belong to its own taxable income. Daily document filing shall be done well, and relevant materials of each agency business shall be retained for more than ten years to cope with subsequent tax inspections and avoid tax adjustments caused by missing materials.

Olivia
OliviaYears of service:5Customer Rating:5.0

Senior Customs AdvisorStart a Chat

For the exchange settlement difference involved in the agency export tax refund process, it is necessary to judge whether tax payment is required according to different situations. If the exchange difference is borne by the agency company, it shall be included in the current profit and loss and included in the taxable income for paying enterprise income tax; if the exchange difference is borne by the principal, the agency company only collects and pays on behalf of others and does not need to pay taxes.

For agency businesses settled in RMB via CIPS, if there is no exchange difference, income shall be recognized directly based on the actually collected service fees. Attention shall be paid to clear payment and receipt paths.

The agency company shall not directly retain export receipts to offset tax refunds. All capital flows shall leave clear traces to avoid being identified as concealed income and triggering compliance risks.

Robert
RobertYears of service:6Customer Rating:5.0

Warehouse Management AdvisorStart a Chat

In agency export tax refund cooperation, the division of tax obligations shall be clearly stipulated in the agency agreement, as well as the ownership of export tax refunds and the types of taxes and fees that each party shall bear, so as to avoid subsequent tax disputes. If the agreement stipulates that the agency company shall bear relevant taxes and fees, the amount of taxes and fees shall be included in the agency service fee income to calculate the taxable amount, and shall not be privately split and handled off-book.

The agreement shall clearly stipulate the liability method if one party's non-compliant tax payment causes losses to the other party, so as to avoid unnecessary legal risks. Statutory tax obligations shall not be transferred through the agreement, otherwise the agreement shall be invalid and the statutory taxpayer shall still bear the responsibility.

Emily
EmilyYears of service:3Customer Rating:5.0

Client Success AdvisorStart a Chat

In agency export tax refund businesses, the filling rules for operator and consignor on the customs declaration form will affect the definition of tax obligations. Under the agency export model, the operator shall fill in the agency company, and the consignor shall fill in the principal. If the recipient of the corresponding export tax refund is the agency company, it is only for payment and collection on behalf of others and does not belong to taxable income.

If the filling error of the customs declaration form leads to confusion between operator and consignor information, it may cause the tax authority to identify the agency company as the owner of all export tax refund income and require supplementary tax payment. In this case, it is necessary to complete deletion and re-declaration in time, provide the tax authority with the agency agreement to prove the actual business relationship, and complete tax adjustment to avoid penalties and credit rating downgrade.

Daniel
DanielYears of service:8Customer Rating:5.0

Legal AdvisorStart a Chat

Export tax refund agencies can reduce overall tax costs by optimizing business structure, and carry out separate accounting for different types of businesses, distinguishing between tax-exempt cross-border agency services and taxable domestic agency services, so as to enjoy corresponding tax policies respectively and avoid applying higher tax rates.

For principals of different scales, the charging mode can be adjusted, and advance funds and service fees can be listed separately to avoid advance funds being included in income for taxation. Those meeting the conditions of small and low-profit enterprises can also enjoy income tax preferential policies for small and low-profit enterprises to reduce overall tax burden, dynamically adjust business division, and reasonably enjoy various tax benefits.

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