| As one kind of insurances, life insurance plays the part of mitigating risks, economic compensation and financing to guarantee the stabilization of society and economy and regulate operation of the national economy. Additionally, life insurance is equipped with the special functions settled by its nature which include offering individuals and families economic security and investment expansion, reducing or stabilizing the expenditure of enterprises, cutting down their operation cost, enhancing their cohesion, and becoming the important capital source of finance market and the important approach for production and construction fund-raising, for secular life insurance is in the nature of secular saving and increasing innovative life insurance products such as investment-linked insurance combine the functions of insurance, saving and investment so that they helps to accumulate huge reserves to invest into the finance market. As a result, the quantity demanded of these products is increasing. What's more, the increasingly severe pressure of the aging of Chinese population, the security insufficiency of existing social endowment insurance, and the rich stratum making use of life insurance to evade estate tax and interest tax in case it levies taxes on estate in the future, etc, lead to enlarge the demand space of life insurance. Meanwhile, the effective demand of life insurance is affected by many factors, one of which is tax. Tax influences on the demand and supply of life insurance and consequently restricts the development of life insurance industry. As the specialization of life insurance products and the insurance accounting dependent on the detailed calculation give rise to the difficulties of tax collection, the constitution of life insurance tax system has been perplexing the tax policy ruler. Tax system plays an important role on the development of life insurance industry, so many western countries make tax systems perfect to irritate the domestic demand of insurance products, to promote the social welfare and to develop and strengthen the insurance industry.Obviously, there is huge development potential in the China's life insurance market, but it lacks a strong competition power in the initial stage of the rapid growth. With Chinese insurance market opening to the outside world in an all-round way and the deepening of finance liberalization and the mixed operation, China's life insurance industry is confronted with opportunity and challenge in the face of changing market environment, the increasingly competitive domestic-funded and foreign-funded life insurance enterprises and the operation competition between life insurance enterprises and other finance enterprises. In this circumstance, in order to realize the effective demand of the consumers and promote the development of China's life insurance industry, it is of particular importance to study how to improve life insurance tax system.This thesis combines the theory with the practice and covers national and international viewpoints. The research approaches of this thesis involve comparative study, literature study and case analysis. The logic thinking follows: "General introduction of correlative theories", "Analysis on practical significance of studying", "Analysis on Chinese actual situation", and "Suggestion on improving system". This thesis will discuss the problems based on life insurance enterprises and consumers, and propose to improve the correlative supporting measures.This article can be divided as the following four parts:The first part: "General theories of life insurance and tax". First, this part summarizes life insurance and tax, briefly introduces the character, functions and classification of life insurance and the character, functions and principles of tax. And then it expounds the relations of life insurance and tax in terms of theory: interacting and conditioned by each other. Life insurance can ensure and expand the source of tax and tax can influence on the demand of life insurance which reflects from substitution effect and income effect, and the supply of life insurance which reflects from business management cost and operating risk of life insurance enterprises.The second part: "The practical importance of studying on China's life insurance tax system". This part demonstrates the urgency of vigorously developing China's life insurance industry from two aspects. One side, with the increasing heavy pressure of population aging, current social endowment insurance can not meet the demand of the aged, and it is necessary to give full play to the compensatory function of security of life insurance and strive to develop commercial endowment insurance, so it is imperative to develop the retirement market of life insurance in China. On the other hand, levying taxes on estate in the future can also stimulate the demand of life insurance, for people will make use of it to reach valid tax avoidance. Then this part explains how perfect life insurance tax system can promote the life insurance industry from the following aspects: stimulating the demand of life insurance, enhancing effective supply of life insurance and promoting the healthy development of life insurance market.The third part: "Analysis on actual situation of China's life insurance tax system". This part introduces the current legal situation of China's life insurance tax system and expounds it respectively from sales tax law, income tax law and other tax laws. And then it focuses on analysing the major problems involved in China's life insurance tax system in order to make clear the key issues to be solved which include the following aspects: first, the legislation of life insurance tax is at a low level with many defects; second, the system arrangement of life insurance tax is rough and improper such as too loose system design as a whole, incomplete tax preference on insurance premium, lackness of tax provision of payment of insurance compensation, overweighted tax burden on life insurance salesman and lackness of tax support for innovative life insurance, etc.The last part: "The improvement of China's life insurance tax system". With the stepped-up assimilative trend of insurance economic development, the improvement of China's life insurance tax system can't be isolated from the others so that the mutual use for reference is necessary. This part makes an international comparison on life insurance tax system and chooses several major categories of taxes to make a comparison from the tax law criterions of insurance of US, Japan, Australian and the Taiwan Area, trying to attain enlightenment and experience reference. And then, with the foreign experience for reference, the author proposes the following tentative plans in light of improving China's life insurance tax system: (1) Choose adaptable legislation fashions about life insurance tax and continue perfecting the relative rules; (2) Perfect the actual life insurance tax law and regulation about life insurance tax system, setting forth legal suggestion based on life insurance practitioners and consumers; (3) Improve the enforcement system about life insurance tax in our country, making enforcement more effectively and more efficiently. Finally, it is necessary to improve the correlative supporting measures such as accounting system, auditing system, actuarial system and credit system about life insurance. |
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