On November 4, Shuangliang Energy Conservation issued an announcement. Miao Shuangda, the actual controller, decided to terminate the transfer of part of his shares in Shuangliang Group Co., Ltd. (Hereinafter referred to as "Shuangliang Group"), Jiangsu Shuangliang Technology Co., Ltd. (Hereinafter referred to as "Shuangliang Technology") and Jiangsu Lichuang Energy Co., Ltd. (Hereinafter referred to as "Jiangsu Lichuang") to his son Miao Wenbin.
The day before, on the evening of November 2, Shuangliang Energy Conservation announced that it was due to the internal arrangement of the family. Miao Shuangda, the actual controller of Shuangliang Energy Conservation, transferred his 18% stake in Shuangliang Group at a consideration of "0" yuan . The 15% equity of Shuangliang Science and Technology and the 15% equity of Jiangsu Lichuang were transferred to their son Miao Wenbin .
After the completion of the equity transfer, Miao Shuangda held 5% of the equity of the three companies, and his son Miao Wenbin held 33%, 30% and 30% of the equity of the three companies. Miao Wenbin became the largest shareholder of the three companies. Miao Wenbin has also become the indirect controller of Shuangliang Energy Conservation through the above three companies (for details, please click: Photovoltaic Second Generation "0" yuan Purchase! Silicon chip upstart actual controller changes! ）。
In this regard, the reason for the sudden termination was explained by Shuangliang Energy Conservation as the final consensus decision of Miao Shuangda's father and son after considering the specific arrangements and implementation methods of equity transfer.
However, there are rumors in the market that the transfer of equity for 0 yuan involves tax issues.
However, in the Measures for the Administration of Individual Income Tax on Income from Equity Transfer (Trial Implementation), it is stipulated that if the declared income from equity transfer is obviously low and without justified reasons, the competent tax authorities may verify the income from equity transfer. However, they inherit or transfer their shares to their spouses, parents, children, grandparents, grandparents, grandchildren and grandchildren who can provide legal proof of their identity relationship. Brothers and sisters, as well as the dependants or dependants who bear the obligation of direct support or support to the transferor, can be regarded as justified if the income from the transfer of equity is obviously low. Some media
also consulted lawyers in relevant fields, saying that the transfer of 0 yuan equity is regarded as a gift and still needs to be declared to the tax authorities normally. Therefore, the transfer of shares is less likely to be terminated for tax reasons, which may be the consideration of the actor's family or personal reasons.
From this point of view, it is unlikely that Shuangliang Energy Conservation will terminate the transfer of shares due to tax issues.
Although the equity failed to be transferred smoothly, it did not hinder Miao Wenbin's position in Shuangliang Energy Conservation. It may only be a matter of time before he inherits his father Miao Shuangda's equity and becomes the actual controller of the company.
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