Research On The Access To Bank Information By Taxation Authority

The globalization and integration of finance has facilitated the development of multi-national bank industries, and the progress made in science and technology especially the application of electronic technology has greatly promoted the rapid development of multi-national electronic bank industries. All of these, however, have created extremely favorable conditions for tax avoidance and evasion by taxpayers. By taking advantage of high-technology means and rich financial resources, taxpayers have developed many complex and advanced skills for the purpose of tax avoidance and evasion, which has made it very difficult and even impossible sometimes for taxation authorities to deal with activities taken by taxpayers to evade or avoid taxation. The permission of access to bank information by taxation authority and promotion for adequate exchange of information between countries are efficient way to strengthen the taxation and management ability of taxation authority and to fight taxpayers who intend to avoid or evade taxes.However, the traditional bank secrecy poses strict restriction on access to bank information by taxation authority. Unless otherwise expressly provided for in Bank Secrecy, taxation authority is not allowed to obtain bank information. Such strict Bank Secrecy obviously will adversely affect the implementation of taxation management activities, and cannot meet the need of taxation authority to obtain bank information. Under such circumstances, many countries have relaxed their respective bank secrecy to broaden access to bank information by taxation authority. On the basis of complete awareness of current situation, the author conducts an analysis to prove that it is necessary to broaden the access to bank information by taxation authority, describes the adverse influence caused by the lack of access to bank information. In addition, the author demonstrates the way to improve the access to bank information by taxation authority, focusing on the analysis and assessment of OECD report on the improvement of access to bank information for taxation purpose as well as practicing activities of relevant countries. With consideration to the actual situation of China, the author has thought over the improvement of principles relating to access to bank information by PRC taxation authority and put forward specific solutions.This thesis is divided into three parts, including introduction, main content and conclusion. In the introduction, the author introduces the back ground of the writing of this thesis, proves that it is quite necessary to conduct research on access to bank information by taxation authority and introduces her intention to write this thesis. The main content consists of four chapters.The first chapter is about the impact on and challenge to taxation and management imposed and caused by bank secrecy. The author mainly analyzes the restriction on exercise of taxation authority's taxation power imposed by Bank Secrecy to demonstrate that Bank Secrecy has caused bigger trouble to efficient taxation and management because globalization of finance promoted the multi-national tax avoidance and evasion.The second chapter is about the access and way to obtain bank information for taxation purpose. The author proves that it is necessary to obtain bank information for taxation purpose, and demonstrates the tunnel and means adopted by taxation authority of various countries to obtain bank information. In the end of this chapter, the author makes the suggestion of combining anti-laundering money and anti-tax evasion.The third chapter is about the analysis on OECD report on improvement of access to bank information for taxation purpose. The author focuses on the analysis of aforesaid report and concludes the new development of practicing activities taken by taxation authorities of various countries as well as improvement of access to bank information.The fourth chapter is about improvement of principles with respect to access to bank information by PRC taxation authority. Based on the actual situation of our country, the author mainly discusses how to efficiently protect bank information while expanding access to bank information by taxation authority and promoting cooperation between countries in exchange of bank information.In the part of conclusion, the author concludes the meaning for the writing of this thesis and points out the deficiency of this thesis.