对徇私舞弊不征、少征税款罪有关问题的解析

徇私舞弊不征、少征税款罪是我国税收征管领域最典型、最常见的渎职犯罪。该罪的主体仅限于税务机关的工作人员,徇私是主观动机,舞弊是客观行为表现。税务机关工作人员收受贿赂,违反规定对请托人不征、少征税款的,成立数罪,实行并罚。税务机关工作人员和纳税人(扣缴义务人)事先通谋,逃避税收征缴的,构成共同犯罪,其罪名依具体情况加以确定。

An Analysis on the Crime of Not Collecting or Collecting Tax Less than the Amount That Should Have Been Collected by Committing Illegalities for Personal Gains

The crime of not collecting or collecting tax less than the amount that should have been collected by committing illegalities for personal gains is the most typical and common crime of dereliction of duty in the field of tax collection and administration. The subject of this crime is confined to staff in tax bureaus with personal gains being the subjective motive and malpractice being the objective conduct. Tax officials who illegally accept bribery in return for not collecting or collecting tax less than t...