主题：茗谈147：智慧的七根柱石 -- 本嘉明

这位民营企业家年营业额两个亿。不过，他历年的营业税增值税加起来不到两万块人民币。

你瞧瞧我那位口若悬河的律师搭档是怎么跟移民官扯淡的：

I am instructed to submit that the annual revenues of a company may or may not have an assumed relationships with its VAT. For a company like XXX, it would be calculated as follows.

VAT payable = Output VAT on domestic sales – [Total input VAT – Non-exempted and non-creditable VAT]

Non-exempted and non-creditable VAT = (Export sales – bonded imports) x (VAT rate – applicable refund rate)]

Bonded imports refer to those imports of raw materials or merchandise which would be used for the manufacture of exported goods. If an enterprise exports merchandises which enjoy higher VAT rebates, it will lead to a lower non-exempted and non-creditable VAT, resulting a lower VAT payable. If the VAT payable is negative, there is a chance for applying for VAT refunds, subject to the applicable thresholds.

In practice the calculation involved would be more complicated than the above formula as enterprises may conduct factory transfers or indirect export sales under which the merchandises are deemed exports for customs purposes whilst the same are physically transferred to another entity in China for further processing. Therefore the application of export VAT refunds needs to comply with the related customs, tax and foreign exchange regulations as well as obtain the requisite documents. Otherwise, even though the merchandises have been physically exported, no export VAT refund would be eligible.

Following your instructions, the applicant has provided additional tax documents in his company’s name showing its tariff and VAT on imports, and further documents to demonstrate his actual involvement in the management of his company, which I enclose in this letter as Appendices A and B for your reference.

服了没？