Research On Legislation Of Estate Tax In China

Estate tax is such kind of tax as is imposed on the heritage left behind by the deceased after his death. With the continuous, rapid development of our national economy, the timely imposition of estate tax has become a hotspot in both the theoretical and the practical fields. Due to the principle of taxation legitimacy, the legislation is the precondition for the imposition of estate tax. This paper makes an approach to the present legislation of the estate tax in China.There are three parts in this paper, including the preface, the text and the conclusion.The text is divided into four chapters. Chapter I introduces the preview of estate tax. Firstly, it introduces the historical track of estate tax and its present situation in China. Secondly, it states the theoretical fundamental of estate tax.Chapter II introduces the basic contents of the estate tax. Firstly, it introduces some legislative modes of estate tax. Secondly, it states the relations between estate tax and gift tax. And lastly, it refers to the basic contents of the estate tax by introducing the foreign systems of estate tax.Chapter III states the necessity and feasibility of estate tax in China. In the beginning, this chapter has a discussion on the necessity to the imposition of estate tax. It is propitious not only to better the distribution of social wealth, reduce the contradiction of the great social disparity and promote the tax system of China, but also to improve the socialistic spiritual civilization of our country. And then, it proves the feasibility of estate tax in China, with a conclusion that there have been suitable economic and policy conditions for the imposition of estate tax in China so far.Chapter IV makes a design for a system of estate tax in China. First of all, it brings forward a proposal of adopting a general system of estate tax, a mode without gift tax. In the next place, it makes certain the basic contents of the estate-tax system, including the confirmation of the taxpayers, the scope of heritage, the scale of exemption, the items to be reduced or deducted, tax rate and the legislative and imposing management. In the end, it raises several suggestions to the establishment, improvement and perfection of the concerned legislation and property systems.