【新唐人2011年7月16日訊】艾未未獲釋後,對於當局指控他拖欠稅款一事,現在開始回應。7月14號(星期四),艾未未妻子路青和代理律師及稅務師,出席北京市地方稅務局舉行的聽證會。艾妻路青表示,這是一個不公開、不公平的聽證會。代理律師夏霖也抗議稅務局不按照法律規定辦事,要求撤銷處罰。對此,艾未未首次打破沉默,披露了當局做法的前後不一行為。
7月14號,北京市第二稅務局,針對艾未未公司—-「發課設計公司」拖欠稅款一案,舉行了「聽證會」,稅務局只允許艾未未妻子路青,也就是這家公司的法定代理人,以及代理律師夏霖和稅務師三人參加聽證。
「聽證會」場外來了許多便衣,也吸引了大批境外媒體,保安則設卡盤查記者。
艾未未首次打破沉默。他不同意舉行「閉門聽證會」。他向CNN表示:如果想建設一個有效運作的現代社會,像這樣的案子的聽證會必須是公開的、透明的、有公眾出席見證的,否則將會出現很多問題。
艾未未還向《自由亞洲電臺》指出,中共當局前後不一的說法。
艾未未:“以前宣稱是我的一個稅務的問題,現在又完全變成『發課公司』的一個稅務問題了。”
下午1點多「閉門聽證會」結束後,路青批評聽證會不公平,要求當局退還被扣押的公司帳目及文件。
路青:“當然是不公平的,因為這個是不可以不公開的。這個案子是一個很經濟、很簡單的一個案子。”
艾未未在被拘留期間,「發課公司」的帳目被扣查,兩位關鍵人物—-劉正剛經理和會計胡明芬也同時被抓。他們獲釋後被當局禁止發言。
律師夏霖:“現在我們手上沒有任何會計資料。稅務涉及到怎麼算賬的問題,要計算成本,計算收入是多少,成本是多少,有多少利潤,我們交了多少稅,應納稅的所得利是多少。因為會計資料都被抄走了,這塊都不清楚。”
有關官員上個月底來到艾未未在北京的設計公司,表示艾未未在過去十年拖欠稅款500萬元,當局罰款700萬元。北京地稅局向艾未未公司發出處罰通知書,追繳稅款及罰款1200萬元。
出席聽證會的代理律師夏霖還對《自由亞洲電臺》表示,稅務局沒有公布「聽證會」不公開進行的理由。也沒有按照法律的規定,在3個月內返回公司的這些案情資料。
據了解,稅務部門將在行政複議之後作出正式決定。而《美聯社》報導說,艾未未公司另一名律師浦志強,要求北京地方稅務局出示證明「發課公司」逃稅的證據。
《紐約時報》報導,艾未未接受了德國大學聘任,但是柏林藝術大學最近表示,根據艾未未目前的處境,難以確定他是否能在近期內赴任。
中共當局之前表示,儘管艾未未獲得假釋,但他在一年時間內仍處於受調查狀態,得隨時接受當局的進一步調查。
新唐人記者唐睿、孫寧綜合報導。
Ai Weiwei Breaks Silence
After Ai』s release, new details of his tax evasion case emerged.
On July 14, Ai』s wife, Lu Qing, attended a closed-door
hearing at the Beijing Local Taxation Bureau
with her tax accountant and lawyer.
She described the hearing as “unfair.”
Her lawyer, Xia Lin, protested that the tax bureau violated
the law and asked them to drop the penalties.
For the first time, Ai broke his silence and disclosed that
the authorities were “inconsistent in their statements.”
On July 14, Beijing Second Inland Revenue Department held
a hearing for Ai’s Beijing Cultural Development Company
concerning its tax evasion charges.
Only the legal representative of Ai』s company, Lu Qing,
her lawyer, and a tax account were allowed to attend.
The hearing attracted a lot of foreign media
and also brought many plainclothes police.
Security guards questioned and checked every foreign reporter.
Ai broke his silence for the first time, saying that
he did not agree to a “closed-door hearing.”
He told CNN: “To build a functioning, modern society,
a hearing for cases like this must be open, transparent,
and allow for public scrutiny.
Otherwise, there will be a lot of problems.”
Ai also told Radio Free Asia that
Chinese authorities were inconsistent in their statements.
Ai Weiwei:"They previously charged me with tax evasion,
but now they are charging my company,
the Beijing Cultural Development Company, with tax evasion.”
After the hearing was over that afternoon, Lu Qing criticized
the hearing for being unfair and requested that all
seized documents from the company be returned.
Lu Qing: “Of course, it is unfair; it is not a public hearing!
This is a very simple and straightforward case.”
While Ai was still in custody, documents from his company
were seized and two key employees, his accountant,
Hu Mingfen, and manager, Liu Zhenggang, were both arrested.
The pair was later released, as long as they kept silent.
Lawyer Xia Lin: Now, we do not have any information relating
to the tax issue, the income, or profit;
how much tax we』ve already paid,
what the taxable income is, and how much we should pay,
since all the accounting information has been taken away.
We are not clear about anything right now."
Officials came to Ai』s Bejing Cultural and Development Co.
last month to tell Ai that his company owed
taxes of $773,000 and late penalties of $1,083,000.
Beijing Local Taxation Bureau sent Ai a bill of $1,857,000
in overdue taxes and penalties.
Lawyer Xia Lin told Radio Free Asia that the tax bureau
didn』t give a reason why the hearing was not open to the public.
According to the law, all documents taken from the company
should be returned within three months.
Normally, the tax bureau will make a formal decision
on the case after administrative review and consideration.
The Associated Press reported that Ai』s other lawyer,
Pu Zhiqiang, requested that the tax bureau produce
concrete evidence of tax evasion.
New York Times reported that Ai had accepted a job offer
from a German university, Berlin University of the Arts,
but due to Ai』s current situation, the university is uncertain
whether he can assume his position in the near future.
The Chinese authorities say that Ai is still under further
investigation for the next 12 months,
even though he has been released on parole.
NTD reporters Tang Rui and …