Probe On The Construction Of Applicable Trust Tax System In China

Trust system provides a good external financial mechanism on the basis of its unique characteristics----the legal separation of ownership and the rights to benefit. In china,the "The Law of Trust " has been promulgated and implemented, however,the tax issue about Trust is still in debates. At present, the tax levy on the trust products still refer to the regulations for general economic business, but does not take into account the special nature and complexity of the Trust itself. The problems of uncertainty of taxpayer and double taxation seriously hamper the development of Trust and the innovation of property management system. Therefore, it is theoretically and practically significant for the development of Trust to establish the tax levy system on Trust property.In this paper, starting with the concept of trust, the author introduces China's trust history and its existing situation. The author also analyzes the basic elements of the current trust taxation and the main problems about it. According to the above study, we will discuss the construction for the China's trust taxation system.The article focus on the suggestions and proposals for China's trust tax system Construction, the author points out that china should not simply copy to use the Trust entity theory abroad, but could has the perspective to study from the "Trust business accounting methods" which is promulgated and implemented by Ministry of Finance. Accordingly, the author makes the trust product the taxpayer over the duration of the Trust and makes the beneficiaries of the Trust the Trust income tax bearer.After the main analysis of the trust taxpayer, the assessable period, the tax payment locations, and other basic elements, the author focuses on the analysis of taxable trust behavior in the step of tax payment. Finally, the author also surrenders some specific operational advice on the issues of trust tax collection and management of operation.