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2022-03

The Platform Is Obliged to Withholding IIT for Streamers

Introduction:On March 30, the Cyberspace Administration of China, the State Administration of Taxation, and the State Administration for Market Regulation jointly issued the "Opinions on Further Regulating the Profitable Behaviors of Online Live Streaming

Source: Internet synthesisAuthor: Xiao BianClick:522

On March 30, the Cyberspace Administration of China, the State Administration of Taxation, and the State Administration for Market Regulation jointly issued the "Opinions on Further Regulating the Profitable Behaviors of Online Live Streaming and Promoting the Healthy Development of the Industry" (hereinafter referred to as the "Opinions") to further regulate the information of streamers, taxation , false marketing, etc.

"The "Opinions" continue the regulatory direction of the past two years, focusing on regulating three hot issues in the current live stream industry: first, to ensure the authenticity of the streamer's information; second, to prohibit false marketing of live streams; third, platforms and streamers pay taxes according to law. A brokerage analyst who focuses on the Internet told the "Securities Daily" reporter that the specification is mainly aimed at the platform, highlighting the platform's regulatory responsibility.

The live stream industry has entered a period of strong supervision. An executive of a live stream platform said in an interview with a reporter from "Securities Daily", "In fact, since 2020, the head platform has begun to explore new business paths, and some companies have entered the social track. , Some companies are trying to go out to sea, and they are all seeking new development space under the background of stricter supervision."

At the same time of rapid development, various issues of the live stream economy have attracted attention. Among them, tax evasion incidents of some streamers are frequently reported in the newspapers. At the end of last year, the streamers Zhu Chenhui (Sydney Cherie), Lin Shanshan, Wei Ya, etc. were successively fined for tax evasion and have not been able to come back so far. In February of this year, Kuaishou streamer Ping Rong (Donkey Sister Ping Rong) was also fined for tax evasion and his account was taken off the shelf.

In this regard, the "Opinions" require that to standardize tax management, one is to perform the obligation of withholding and payment in accordance with the law. Webcasting platforms and webcasting service agencies should clearly distinguish and define the various sources of income and nature of webcasting publishers, and perform personal duties in accordance with the law. The obligation to withhold and pay income tax shall not be transferred or evaded by the establishment of a "guild" of the publisher of the webcast, by means of a third-party enterprise, or by signing an exemption agreement with the publisher of the webcast for not fulfilling the obligation of withholding and paying personal income tax. The obligation to pay on behalf of others; the second is to standardize tax services and collection. Enterprises and individual studios established by webcast publishers should set up account books in accordance with relevant state regulations, and in principle use the method of auditing and collection to calculate and collect income tax; the third is to crack down on tax-related Illegal and criminal acts, investigate and deal with tax-related illegal and criminal acts such as tax evasion according to law, and publicly expose typical cases with serious circumstances, bad nature and strong social reactions.

Regarding the regulation of online live stream marketing, the "Opinions" make it clear that, first, actively create a fair competition environment for online live streams, and must not conduct false or misleading commercial promotions, and platforms and online live stream publishers must not use service agreements, transaction rules and technical means. Other operators impose unreasonable restrictions or impose unreasonable conditions on transactions and transaction prices in the live stream room, or charge unreasonable fees to merchants; the second is to protect the legitimate rights and interests of merchants and consumers, and must not use rumors, false marketing, self-defense Rewards and other methods attract traffic and hype, and induce consumers to tip and buy products.

 

Article source: Securities Daily


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