Research On Legal Problems Of China's Capital Gains Tax

Capital gains tax (CGT) is a popular tax in many countries at present, particularly in the developed countries, such as the USA,Britain. They established earlier capital gains taxation system. And with the development of capital markets maturing, the CGT law system has been very comprehensive.Till now CGT has not been instituted in our country. Only the part of capital gains are taxed. Relevant provisions scatters in the different legal provisions, so it has not formed a CGT law system in our country. However, with the capital markets becoming more and more mature , since the government has the necessity to control macro economy,supervise the capital market,regulate the social distribution and be in line with the international requirement, it is an irresistible general trend for China to impose CGT. Therefore, making full use of the existing capital gains legal resources and improving the law system of CGT is of great realistic significance, that is the starting point of this thesis.The overall idea of this thesis is as follows: firstly, I analyzed the basic theory of CGT law for providing a theoretical basis for system design; then, by comparing China and the foreign CGT status, it reflected the existing problems of current CGT laws in China; finally, this thesis makes several suggestions on improving the CGT law system in China, based on the questions put forward and reference from the practice of mature tax laws of other countries, most importantly focusing on and referring to the regulations and practice of China's existing income tax laws, holistically thinking in light of improving the income tax law system.