The Research Of Legal Problems On Taxation Of The Stock Indexes Futures Of Our Country

The stock index futures were born in the United States, early1980s.Now they have gradually been accepted by all over the world. In the end of20th century, in the global scope, the stock index futures trading wasavailable to all the nations and regions which have the stock market. China'sCSI300stock index futures officially were launched on April16,2010. Bythe end of mid-march2012, the number of accounts has alreadyaccumulated more than90000, trading volume of the first quarter was20.477million hands, and the value of clinch a deal has amounted to15.58trillion Yuan.Tax is an important cost and institutional factors in the Stock indexfutures trading. As one of the macroeconomic regulation and control means,tax can affect stock index futures transaction costs, and play its uniqueregulatory role in the maintenance of healthy development of stock indexfutures. However, as an emerging market, the study about the tax system of stock index futures in our country is relatively scattered and lack of systemicanalysis. From the point of the history of international financial futuresdevelopment, because of extensive application, diversity of participants andthe flexibility of the way, financial derivatives can also produce a series ofproblems in the tax system design, collection and management means andtax policy. All of these will challenge the current tax system of stock indexfutures and put forward a new task for the improvement of tax law.Based on the research of taxation theory about stock index futures, thispaper analyzes the present revenue of stock index futures,meanwhilereferences the experience of stock index futures tax law in other countriesand regions, and then has a deeply discusses about how to construct ourcountry stock index futures tax legal system and the principle of theconcrete institutional framework, Specifically:Firstly, on the basis of analyzing the basic connotation and legalcharacteristics of stock index futures, and differences between stock indexfutures and other financial derivatives, this paper introduces a basic situationof stock index futures tax law from the basis and importance of stock indexfutures taxation. Secondly, revealing problems that existed in the stockindex futures tax law system after studying development course of stockindex futures and the characteristics of existing legal system in our country. At the same time, This paper studies the basic situation of tax law in stockindex futures market about the United States and Taiwan, then concludes theenlightenment which can perfect our country's stock index futures legalsystem of taxation. Finally, based on the basic principle and problemsexisting in the tax of stock index futures tax laws in our country, the paperconcludes three directions that can perfect our country's stock index futurestax, and then put forward the framework in order to perfect our country'sstock index futures tax laws system by using the three directions and theprocess of stock index futures transaction.