Research On Legislation Of Estate Tax In China

Benjamin Franklin once said that nothing in this world is certain except death and taxes. The Anonymous once said that there is only one thing to top these two calamities: The combination of both: Death +duty =estate tax. The death and revenue from tax combine together, produce death tax. Estate tax is such kind of tax as is imposed on the heritage left behind by the deceased after his death. Usually the estate tax mainly comes from the richer, so it is also called richer tax. Because the estate tax increases government public finance income, regulates a social wealth allotment and alleviating the gap between rich and poor. So the most nations levy estate over the world.The estate tax adjust the gap between rich and poor, alleviation society unfair richer in water, internationally generally begins levying taxes. As the development of our country, the speed of economic development and the level of people's living have both greatly enhanced. But at the same time, the gap between the rich and the poor also is gradually becoming wider and wider. If the gap reaches to a high level, it inevitable affects the social stabilization, and in the end this economic problem will become a social problem. In our country present system does not have the estate tax, but along with the social economy rapid development, the inhabitant income differential presents the situation which expands continually, about begins levying taxes the estate tax discussion in our country not to stop, especially in recent years average per person GDP broke through 1000 US dollars to break through 0.4 international warning line two economic indices with the Jenny coefficient to let this argue increasingly fiercely. This paper makes a research to the present legislation of the estate tax in China.This paper is divided into three main parts, that is, an introduction, four chapters and a conclusion.The introduction analyzes the situation of our country and summarizes reasons of levying estate tax in our country, and then indicates the theme of this article. In accordance with a writing practice, the paper indicates the researching logic, analytical framework, and researching methods.The first chapter began with the estate tax basic survey, to introduce the estate tax elementary theory including the estate tax definition, the origin and the history of the estate tax, the nature and the characteristic of the estate tax. Then the chapter introduced the argument of the scholars about whether levy the estate or not. Some scholars support to levy the estate tax because the think it's justice for all the people. But some scholars are against levying estate tax. They think it's bad to the economy. At last according to the situations and culture of our country, the writer concluded that our country should levy estate tax because both economy and society justice are important.The second chapter compared and analyzed the estate tax legislation in some foreign countries. For the future our country estate tax law in the assessment essential factors (including taxpayer, taxation scope, property valuation principle, tax rate) provide the reference.The third chapter introduce the mainly theories of the estate tax. The chapter is divided into three sections. Section one is the basis of theories for the estate tax and the introduction of estate tax and the various theories and theoretical foundation laid for the inheritance tax. Section two is the introduction of estate tax guiding ideology in China. The building of a harmonious society in China in the process of heritage tax legislation should adhere to build a harmonious society values. The third quarter is the introduction of estate tax in China to be followed by the special principles.The forth chapter presents main content of the estate tax system, including the taxpayer, the object of taxation, the tax rating and so on. At last it presents three questions that should to be taken into account. The writer points out the problems of levy estate tax in our country, such as the difficulty in defining the range of private property and evaluation of inheritance value, the legal loopholes of current legal system, and puts forward some reasonable strategies to make sure the estate tax institution of our country run efficiently.Certainly, this article is just writer's a stage conclusion for our country estate tax design, many opinions are still not mature, the theories depth and the logic structure also are treat in a further exaltation with perfect.