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Q

Can money received as a bribe be considered subject to income tax taxation?

法律知识浏览量47,371

I'm a job seeker preparing for employment. I'm interested in trade and logistics and have been studying customs law, but the terminology is harder than expected. In particular, I'm not sure who 'taxpayer' refers to. Does customs law view only the importer as the taxpayer? It seems important in actual practice, so I want to understand correctly. I'd really appreciate an easy-to-understand explanation!

tax objection

income tax taxation

A

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The Income Tax Act does not specify money obtained through embezzlement as other income.

The reason money obtained through embezzlement is not specified as other income is because the state does not condone unlawfully obtaining unjust profits from criminal proceeds.

It is to correctly identify criminal proceeds.

In addition, according to Article 21 of the Income Tax Act, other income is defined as income other than interest income, dividend income, business income, earned income, pension income, retirement income, and capital gains income.

Among the items listed as other income, money received through bribery, brokerage, and breach of trust is specified.

Bribes should rightfully be subject to confiscation, but according to our country's Income Tax Act (Article 21(1)(23)), bribes are clearly defined as other income under the Income Tax Act, so income tax taxation must be applied.

The reason for including money obtained through bribery or breach of trust as other income is that even though such amounts are obtained unlawfully, they are subject to taxation.

Legally, illegal income is also subject to taxation, and through this, the fact that income has been generated is recognized and income tax taxation is applied.

In addition, other income such as money received through bribery, brokerage, and breach of trust is not subject to withholding tax, so it is calculated by adding it to the comprehensive income tax base.

If you received a bribe during the income tax taxation period and returned it, it is not subject to taxation, so you must accurately identify the dates first.

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