Research On Taxation Legal Issues Of Off-shore Securitization

Offshore securitization can efficiently integrate high-quality resources ofsecuritization in the whole world and help to circumvent institutional barriers toachieve maximum economic profit. There are many factors that affect the effects ofthe offshore securitization. However, the tax factor is particularly critical which evendirectly decide the success of offshore securitization. Therefore, to maintain neutralityof taxation and eliminate unreasonable double taxation in offshore securitization is ofgreat significance. In addition, due to the transnational characteristic of offshoresecuritization and the complexity of its structure, to prevent illegal tax avoidance inoffshore securitization is also extremely important. In the thesis, the author studiedand made specific suggestions on the issues of improving Chinese taxation legalsystem of offshore securitization in the method of comparative analysis, dialecticalanalysis. This paper is divided into five parts:Chapter Ⅰ starts from the introduction of the concept, characteristics, motivationand operation of offshore asset securitization, paving the way for the followingdiscussions on taxation legal issues of offshore securitization.Chapter Ⅱ introduces the primary taxes of offshore asset securitization. Becauseoffshore securitization has numerous transactions, modes of operation and participants,its taxation legal issues are intricate. The second part of this paper particularlyintroduces its taxes in details. Chapter Ⅲ mainly researches on issues, such as tax treatment related to the formsand the address of SPV, problem of harmful competition in offshore taxation ofsecuritization and problem of withholding tax, in order to lay a theoretical foundationfor improving Chinese taxation legal system of offshore securitization.Chapter Ⅳ introduces the practice and research status of offshore assetsecuritization in our country, illustrates significance for China to develop offshoresecuritization and analyzes the problems in current taxation legal system ofsecuritization and its offshore operations briefly.Chapter ⅴmakes suggestions on improving Chinese taxation legal system ofoffshore securitization from two aspects: the elimination of double taxation and anti-tax avoidance, combining with the relevant theory of international taxation and thecharacteristics of Chinese taxation legal system about securitization and its offshoreoperations.