The Research Of Legal Issues On Tax Preference During Mergers And Acquisitions Of Enterprise

The tax revenue is one of the important cost which the enterprise merges, it is important planning targets not ignored either in decision and implementation of merging. At the same time, the tax revenue adjusts and controls the economic tool as the country, the tax revenues and his changes of any kind will exert an influence on the enterprise. Because enterprise of our country merge and acquisition market is relatively short, merge and acquisition tax laws and regulation, research and formulation of policy lag behind realistic development greatly. This text is from of our country enterprise defect that tax revenue legislate set out, probes into tax revenue legislative technology and the suggestion that the tax revenue legislates to put forward. This text is divided into five chapters:Chapter one chiefly introduces the textual background and signification of study.Chapter two discusses the relationship between merges and acquisitions of enterprise and tax preference in general. Explain basic conception and classification of enterprise mergers and acquisitions at first; Secondly, introduces essence and method of tax preference; Then analyzes tax benefits of parties in corporate mergers & acquisitions. Finally introduces that tax revenue produce enterprise merger and acquisition, point out that the tax revenue certain facilitate to the enterprise merger and acquisition.Chapter three introduces the tax preference legal system of enterprise mergers and acquisitions of American and Taiwan. One part is devoted to an analysis of statutory and common-law requirements of tax-free corporate mergers & acquisitions in detail. Another one is used to discuss the rules of Taiwan current tax regime of corporate mergers & acquisitions. At last compares rules and regulations in Taiwan's law with those in U.S. federal tax law.Chapter four introduces Chinese current tax regime of mergers & acquisitions of enterprise. Firstly, introduces the burden of taxation weight and tax preference of merging enterprises in different merging modes. The author finds that compared to U.S. rules the Chinese rules have many deficiencies.Chapter five deals with how to improve China tax regime of corporate mergers & acquisitions. The author from five ascepts gives advices on improving the Chinese rules, such as choosing legal value orientation of Chinese tax regime of mergers & acquisitions of enterprise, re-constructing the transaction types of tax-free mergers & acquisitions and their proper requirements, Promoting the rank of source of Chinese tax regime of mergers & acquisitions of enterprise and so on.