Corporate Debt Restructuring, Tax Research

Regardless of the developed countries or the developing countries, non-performance assets are widely existed, and for a long time the treatment of non-performance assets is a worldwide problem. Our country is not an exception. Non-performance assets largely existed in financial institutions, companies and other institutions. The existence of large amount of non-performance assets gives a false description of the financial status of economic bodies, and even may restrict their development. The assets may be less than the debt then the economic body may go to bankrupt. Therefore, when non-performance assets formed, they must be treated as soon as possible. Non-performance assets of financial institutions and large and medium-sized state-owned enterprises in our country are mainly treated by the big four financial assets management companies. By making reference of foreign experience and their own effort, the big four financial assets management companies have formed their own characteristics in ways of treatment of non-performance assets. And they have mastered some effective modes in treating non-performance assets. But the treatment of non-performance assets in other companies is lack of a uniform mode, and several modes of treatment coexisted.Enterprise reorganization is the general call of a series of means of economy operations during the treatment of non-performance assets in companies. Debt reorganization is a type of enterprise reorganization. It is a type of reorganization which is mainly about the adjustment of the relationship of the creditor's rights and debt through the treatment of the creditor's rights and debt. Compared with other modes of treatment of non-performance assets, debt reorganization has its own advantages. This is why my paper has chosen debt reorganization and made study on the relative tax problems of debt reorganization. The paper combines theories and practices to expatiate tax problems which exist in debt reorganization nowadays and further bring up several pieces of suggestions to solve the above problems so as to give some support to enterprise debt reorganization from the tax aspect and fasten the pace of enterprise debt reorganization.This paper is divided into six parts:The first part is introduction, which briefly introduces the study background and the study thought.The second part is the summarization of enterprise debt reorganization. In this part, the paper introduces some basic knowledge of enterprise debt reorganization from its definition, its type, its modes and accounting treatment. And further bring up some factors which influence enterprise debt reorganization.The third part is the relative tax analysis of enterprise debt reorganization. The paper makes tax analysis from theory and practice aspects. Firstly, the paper briefly introduces the relative tax theory; secondly, the paper narrates the relative tax treatment of enterprise debt reorganization from several kinds of tax; thirdly, put forward the influence of tax on enterprise debt reorganization.The fourth part is about the tax problems of enterprise debt reorganization. The paper put up the tax problems of enterprise debt reorganization, which mainly contains the following three problems: the tax law and regulation on enterprise debt reorganization is not consummate; the taxation credit is not perfect; and the tax collection and management of enterprise debt reorganization is not satisfactory.The fifth part is the suggestion of tax optimization measures of enterprise debt reorganization. In allusion to the above problems, the paper puts forward some suggestions, such as consummate the tax law and regulation on enterprise debt reorganization; reinforce the construction of taxation credit and strengthen tax collection and management of enterprise debt reorganization.The sixth part is other supporting measures of enterprise debt reorganization. Such as consummate the capital market system; consummate the social credit mechanism; regulate the local government behavior and standardize the intermediary appraisal agents.