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Since Tianyu company is the legal payer of fees and taxes, and Wen Chun has not provided evidence to prove that he has paid on behalf of Tianyu company, the fees and taxes shall be deducted from the project payment.
On May 5, 2011, Huaian Apple International Apartment Building 1, 2 and 3 and civil air defense basement 1 project passed the completion acceptance and were delivered for use.
The lawyer commented that the payer of fees and taxes should be the enterprise legal person rather than the actual constructor, so fees and taxes should not be part of the project cost.
Tianyu company subcontracted all installation quantities of buildings 1, 2 and 3 of Huai’an Apple International apartment (later added civil air defense basement 1 project) to Wen Chun for construction.
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In this case, the court held that the legal payer of fees and taxes was Tianyu company, and Wen Chun, as an individual, was not the legal payer, and there was no evidence to prove that the fees and taxes were paid, so the fees and taxes should be deducted from the project payment.
Case information trial court: Huai’an intermediate people’s court appellant (original defendant): Jiangsu Tianyu construction Group Co., Ltd.
700 judges: Jiang Qiwen, Ji Mingli Wang Jian judgment date: April 26, 2020 basic case “on May 9, 2008, Datian company (Party A) and Tianyu company (Party B) signed a construction project construction contract.
The gist of the judgment is that the actual constructor is not the legal payer of fees and taxes.
1, 2 and 3 buildings of Apple International Apartment phase I (add civil air defense basement 1 project later) Contract out to Tianyu company for construction.
Because the defendant in the original trial was in arrears with the project payment, Wen Chun complained to relevant government departments for many times to solve the problem of arrears.
On April 29, 2008, Wang rulou, the project manager of Tianyu company, signed the construction engineering cooperation agreement with Wen Chun (Party B) in the name of Huai’an Apple International Apartment Project Department of Tianyu company (Party A).
appellee (original plaintiff): Wen Chun case No.: (2020) Su 08 Minzhong No.
About the author: Lawyer Li Yanan, practicing lawyer of Jiangsu kesiman law firm, head of the “Zhicheng civil and commercial” team of the law firm, member of the Public Welfare Alliance for women lawyers guarding Huakai, member of the Reward Committee of Huai’an Law Association, and member of the Communist Party of China.
Professional fields: government and enterprise legal advisory services, construction projects, financial loans, contract disputes, corporate governance, labor disputes and other civil and commercial cases.
Datian company will build No.
If the actual constructor fails to provide evidence to prove that he pays fees and taxes on his behalf, the fees and taxes shall be deducted from the project payment.
Wen Chun filed a lawsuit with the court of first instance and asked the defendant of the original trial to jointly pay 488885.66 yuan for the project.
” The court held that whether the fees and taxes should be deducted from the project payment.
