Expat Services, Let's Live A Local.
+86 574 2772 1008

Be careful! Such an office location can be risky! 注意!这样的办公地点存在风险

Does the physical address of the office have to be the same as the business license? This is a common question that often arises, but most of our foreign friends are not particularly concerned about the risks associated with inconsistent addresses.

实际办公地址必须跟营业执照一致吗?这个问题常常发生很普遍,但是大多我们的外国友人并不会特别关注因为地址不一致带来的风险。

 

From legal compliance, tax is the most important issue we need to focus on. This is because completely ignoring the importance of this issue can lead to risks such as cancellation of the company's business license, fines, tax scrutiny and visa denials.

从法律合规性,税务层面是我们最需要关注的问题。因为完全忽视这个问题的重要性,可能导致公司营业执照被取消,罚款,税务审查以及签证拒签等风险。

 

 Legal Compliance法律合规性 

The state requires that the company's registered address and actual business activities need to be at the same address registered in the business license. If there is a change, you need to re-submit the effective time and right to use the lease contract, real estate license and landlord ID card to the industrial and commercial departments to register the change first, and then to the tax, bank, customs and other relevant departments to register.

国家要求公司注册地址和实际经营活动需在同一个营业执照登记的地址。如果发生变化时,需要重新提交有效时间和使用权的租赁合同,房产证以及房东身份证到工商部门先进行变更登记,然后再到税务,银行,海关等相关部门登记。

 

If you meet the government investment projects, provide a virtual registered address, the actual office is not in the place, and then other applications for the actual business address need to pay attention to the instructions. Or other registered address, can not be actual no one office, even the office is not found in the case, will bring trouble to their own business.

如果遇到政府招商引资项目,提供了虚拟注册地址,实际不在该地办公,后续其他申请实际经营地址时候都需要注意说明。或是其他注册地址,不能是实际没有人办公,连办公室也是找不到的情况,都会给自己企业带来麻烦。

 

 Tax issues税务问题 

Tax authorities require businesses to register for tax purposes and file tax returns at their registered addresses. Inconsistencies in addresses may lead to scrutiny by the tax authorities, difficulties in filing tax returns and penalties. Although the addresses are not the same, it is relatively less risky to be in the same district.

税务机关要求企业在其登记注册地址进行税务登记和报税。如果地址不一致时,可能会引起税务机关的审查,产生税务申报的困难和罚款。地址虽然不一致,但在同一个区相对税务风险小些。

 

 Visa issues签证问题 

If the business employs or invites foreigners who need to apply for a work permit, residence permit or business visa extension. When submitting the application form, it is especially important to declare that the actual business address is not the same as the registered address on the business license. This is because during the visa approval process, the police officer may arrange for the police officer in charge of the business license address to come to your home to verify the authenticity of the business. If the inconsistency leads the police officer to believe that you have made a false declaration or fraudulent visa, the situation will be more serious. The applicant may be interviewed directly or the visa may be refused.

如果该企业雇佣或邀请了外国人需要办理工作证和居留许可或者商务签证延期时。提交申请表时特别需要重视申明实际经营地址和营业执照注册地址不一致。因为签证审批流程中,警官可能安排企业营业执照地址管辖的警官上门核查真实性。如果不一致,导致警官认为你虚假申报或者骗签,情节就比较严重了。可能直接约谈申请人或者拒签。

 

We have encountered a number of practical operation because the actual office address and business license registration address is inconsistent, do not pay attention to the trouble brought. Here to share 2 cases to you, hope to pay attention to it.

我们实际操作中遇到过多个因为实际办公地址和营业执照登记地址不一致,不重视带来的麻烦。这里分享2个案例给大家,望重视起来。


 Case 1 

Foreign client A, who previously registered a company, was provided with a virtual address for registration by agent B. However, the agent did not know the status of the address and no one was actually in the office. However, the agent did not understand the address situation, and no one is actually in office. This year, the legal person came to China for business negotiation, and he originally applied for M visa for 30 days, which needed to be extended for business reasons. However, the foreign guest A was not aware of the situation of the registered address and had not been there personally, so after submitting the M visa extension application to the immigration authorities, he was told that the visa was refused.

Originally, it is because A in the visa application did not declare the actual office address and registered address is inconsistent with the local jurisdiction of the police officer door-to-door verification, did not find that the company operates in the business license registered address. The company was found to have declared false information and refused the visa directly.

外国客户A,之前注册公司由代理B提供了一个虚拟地址供注册。但是代理并不了解该地址情况,也实际无人办公。今年法人来中国商务洽谈,其原本申请的M签证30天,因商务原因还需延长。但是外国客人A自己并不清楚注册地址的情况,自己也没有亲自去过,在向出入境提交M签证延期申请后,被告知拒签了。

原来,就是因为A在申请签证时未申报实际办公地址和注册地址不一致,当地管辖警官上门核查,没有发现该公司在营业执照注册地址经营。认定该公司申报信息虚假,直接拒签。

 

 Case 2 

Foreign Client B, who previously registered his company with a virtual address provided by the government, thought that the government's provision must be safe and effective. However, the external accountant of his company did not give reasonable advice on financial and tax matters. And unanimously and unilaterally made tax 0 declaration for 1 year. As a result, he was audited by the government tax system and found that his actual business address was not in the same district. In the end, the company was penalized and required to move out of its original registered address. However, because of the irregularity of its tax declaration, the government of the new leased office address was not willing to accept the situation of 0 declaration for a long period of time. In the end, the company had no choice but to cancel the company. This caused a great waste of money and time and loss.

外国客户B,之前公司注册在政府提供虚拟地址注册,认为政府提供的肯定安全有效。但是自己企业外聘会计并没有给出财务税务的合理建议。并且一致单方面进行税务0申报长达1年之久。结果被政府税务系统稽查,发现其实际经营地址也不在同一区。最后给出罚单,并且要求该企业迁出原注册地址行政区。但是因为其税务申报也不规范,长期0申报情况让新租赁办公室地址的政府也不愿意接受。最终无奈将公司注销。造成和很大的金钱和时间的浪费和损失。


It may seem like a small issue, but many details require specialized knowledge to understand and plan so that you don't easily step on mines.

看似小问题,但是很多细节需要专业的知识去理解和规划,让自己不要轻易踩雷。



Follow us to keep up with the latest policies and news regarding your expat life.Contact our consultants to set up a China business security firewall for yourself and your organization.

关注我们紧跟与您的生活息息相关的外事最新政策。联系我们顾问,给自己和企业设置一道中国的商业安全防火墙。




REINDEER STATION SERVICE CO.,LTD

宁波灵达商务服务有限公司    备案号:2020037656号-2