| Corporate Income Tax is a kind of tax revenue imposed on the resulting volume of enterprises, which is the taxable income, i.e. deduct various costs, loss and tax from the tax year's gross income of enterprises. It is a kind of corporation tax (for western countries), which belongs to one kind of income tax.According to the theory of the modern tax revenue, Fair and Efficiency is the important standard to tell a tax category scientific or not. Among them, Fair include two respects, "Horizontal Fair" and "Longitudinal Fair". Efficiency has offered a direct tool for adjusting and controlling the macro economy, regulating income distribution for the government, can reduce risks of uncertainty and behind lagging by policies.From 1994 till now, the State Administration of Taxation separated from Local Administration of Taxation, the Value-Added Tax was reformed, much attention had been put on the construction of the circulating tax all the time, and the construction of the income tax lags behind relatively. With the development of social economy, the perfecting constantly of market economic system, the industrial structure of our country has already turned into and taken industry as the core, agriculture, in order to complement, the pattern which the tertiary industry develops rapidly. In this case, the country needs more strong means to regulate the industrial structure, promote economic resources to distribute, increase the fiscal revenues rationally, and the Corporate Income Tax can act on the business activities of enterprises more directly even more as a kind of rigidity tax category, obtain the impossible result that the circulating taxes can not reach.The resulting tax system of enterprise of our country can not carry out the legal doctrine principle of the tax revenue at the present stage, have confirmed that collects some details of management only in the form of "Implementing Regulations", theory questions such as basic conception, collection principle of the Corporate Income Tax, etc. do not have clear explanation, so initiate a series of policy questions. With the development of economy, its incompatibility to complicated social life appears day by day, the following drawbacks exist:First, "Keep insiders different from outsiders", implement two sets of different resulting tax systems of enterprise. The country offers the overseas-funded enterprise "Exceed National" treatment, make domestic-investment enterprises in inferior position in fund, technology, policy, different fields of burden of taxation, cause the unfair economic environment.Second, the asserted standard on taxpayer does not correspond to international routine. Our country regards "Independent Business Accounting"as the taxpayer's legal standard, replaces the west standard to regard "Legal Person" as taxpayer. This way leads problems of management on paying taxes, such as difficulty on pay taxes subject confirmation, gathering tax paying process complex, etc.Third, the tax rate is set up too many, it is complicated to calculate.Fourth, tax base confirm too wide, deduct too tight before-tax, quite a few consume in too pretax to deduct from enterprise production and management.Fifth, tax allowance exist many problems.The above-mentioned problems contain a lot of key element of Corporate Income Tax, which is caused by our country Corporate Income Tax that collect management take shape progressively develop.If it is only from starting with in a certain respect, "Treat the symptoms but not the disease", it is obviously unable to reach the good result. Still there is greater disparity in the convention to pass through in Corporate Income Tax policy and world of our country at present, if willing to finish the task in line with International Standards stipulated by WTO (World Trade Organization) in time, we need to use the legislative thought of maturity from the western developed country and advanced tax revenue experience for reference.Great Britain and U. S. A., France, the three countries, are more representative developed country of our times. The analysis on their Corporate Income Tax system comes similar, there are places applicable to all.First of all, focus on the construction of the basic idea of the income tax and define, make the whole tax system have a distinct framework.Second, pay attention to the social public welfare function of the tax revenue.Third, pay attention to the support to new things in the modern information-based society of the tax revenue.Finally, still pay attention to making the treatment method of the concrete tax revenue.Through the above-mentioned analysis, can see disparity among the drawback of resulting tax system of our country and advanced national relevant tax systems of world of stage, according to definite policy of "15th National Congress" of the party, the direction of the corporate income tax reform of our country should be: Continue improving Corporate Income Tax system, unify the internal and external Corporation Income Tax law and preferential policy, set up and is suitable for the China's actual conditions, accord with the international practice, meet the Corporate Income Tax of the socialist market economy system.I think, the reform of the Corporate Income Tax should adhere to the following several principles:First, the reform of the Corporate Income Tax should pay attention to the annotation explanatory note of the basic conception of the tax revenue, strengthen the connection with the financial affairs, accounting theory of the tax revenue, form a more tight theoretical system.Second, the reform of the Corporate Income Tax should reflect the equal, regulatory and flexible, adopt the method of carrying out the transition progressively, and keep the continuity, stability of the tax policy.Third, the reform of the Corporate Income Tax should reflect the industrial policy of the country.Fourth, the reform of the Corporate Income Tax should strengthen the international currency, desalinize China's particularity.In implementing specifically, I think we should pay attention to the following aspects:First, unify internal and external of the income tax law.Second, unify Corporate Income Tax payer.Third, unify Corporate Income Tax rate.Fourth, unify the norm and deduct the project before-tax.Fifth, unify the tax allowance question.Sixth, handle the relation between the tax law and financial accounting system correctly. Seventh, reform the method of sharing of the Corporate Income Tax.The above to Corporate Income Tax suggestion that reform put forward, would exist some uncertain factor in not implementing, and it is difficult that there should be sober estimation and know to its risk in carrying out specifically, and find out the solution in time."Unify Two Taxes" reduces the national fiscal revenues with the direct result of reducing the tax rate and bringing, and a strong state revenue deepens the essential assurance of economic reform of socialist market at the present stage. These two policies of optimizing may bring the following consequences:First, after the internal and external Corporate Income Tax is amalgamated, the external capital withdraw from China on a large scale because of not enjoying already existing tax allowance, cause the demand deficiency of investment, and then cause the economic recession.Second, adopt "The Low Tax Rate, the Wide Tax Base" reform mode, will make the central fiscal revenues reduce by a large margin, make the government adjust and control economic ability to drop, is unfavorable to the development of the macro economy.The comparatively harsh result after situation described above is optimized the policy is implemented, these situations are the contingent reality too. What on earth when amalgamating the internal and external income tax law, it will cause the flux of the foreign capitals to unify the tax allowance measure, threaten China's economic development? I think the answer is denied.First, "Unify Two Taxes", the key content of the reform on the Corporate Income Tax, can be proved from following 6 respects:(1) The present stage, tax allowance does not absorb primary factor of the foreign capitals.(2) Foreign capitals certainly hope to continue enjoying current tax allowance as the owner of the vested interest. But the reform of China's tax allowance measurements has not in fact damaged the investment interests of the foreign capitals.(3) Seen from long-term economic development, the burden of taxation will be reduced and evaded taxes to encourage while lightening, enterprise's vigor is strengthen, the source of tax revenue increases. (4) Labor intensive profession will withdraw investment, can optimize the structure of foreign capitals of our country.(5) The overseas-funded enterprise escapes the tax revenue through shifting the fixed price at present, adjust the insensitivity to the burden of taxation.(6) By the look of recent realistic financial resources, fast tax revenue increasing degree and world first foreign exchange reserve offer strong economy that "Unify Two Taxes" support.Second, reduce the income tax rate of enterprise, according to a short time, will cause the tax revenue to reduce, make the central fiscal revenues reduce, this is an irrefutable fact. But through the preferential policy of the tax revenue, lead enterprises to plan to develop according to the national industry, realize the industrial structure with rational health progressively, this is an effectual method too. And the characteristic of income tax "Robs the Rich and Helps the Poor", make it have advantage with incomparable other tax categories in regulating income distribution. We can say the reform of the income tax has function of "Kills Three Birds with One Stone", has offered better scheme for solving the macro scopical economic development bottleneck of the present stage. The negative effects that the reduction brings temporarily of tax revenue and fiscal revenues can not be mentioned in the same degree as it.So we can scare difficulty reduced temporarily to include in, should catch "Whether Tax Revenue Serve Aim for Social Economy", pursue the reform of the Corporate Income Tax as soon as possible, make the economic level of our country attain a new height again.When this thesis will finalize a text soon, the fifth session of the tenth National People's Congress passed the new "Income Tax Law of Enterprise of the People's Republic of China" on March 16, 2007!Through analyzing the law, we can find some thoughts of this text conform to content, the details are as follows:First, cancel "Independent Accounting" concept on the taxpayer's standard of asserting, introduce the "Resident's Tax Jurisdiction Has Jurisdiction over Right" concept of U.S.A., and divide the taxpayer into resident's enterprises and non-resident enterprises. Relevant concepts have already been explained in Article 2, Section 1, Chapter 4, titled "The Corporate Income Tax System in U.S.A.". Second, the tax rate is reduced to some extent, drop to 25% (non-resident enterprise from 33% and has not set up the organization, place at home, set up organization, place income that obtain instead of set up organization, place there is not a actual connection, applicable tax rate 20%), let enterprise have benefit, strengthen enterprise competitiveness. Relevant concepts have already been explained in Section 3, Chapter 3 and Article 3, Section 1, Chapter 4.Third, at tax determination of base, approve related to obtaining incomes, reasonable expenditure that enterprise take place actually, permit deducting while calculating the resulting volume of the tax liability. Relevant theories have already been explained in Section 4, Chapter 3 and Article 3, Section 1, Chapter 4.Fourth, tax allowance, offer Corporate Income Tax to enterprises, have defined the country to supporting and encouraging industry and project of development especially in, slope to Hi-Tech, primary industry (agriculture, forest, herd, fishing), public infrastructure construction, environmental protection trade. Relevant theories have already been explained in Section 5, Chapter 3 and Article 2, Section 1, Chapter 4.Fifth, have defined the concept that "Withhold the Source" with the special chapter in the management of collecting of the income tax. Relevant contents have already been explained in Article 1, Section 1, Chapter 4.In a word, the relatively old law of the new Corporate Income Tax has more changes of pressing closer to times. This is a major issue on development history of income tax of our country. I am joyful to see some of my own ideas are confirmed in the new law, this has pointed out the direction for my next deeper research. |
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