Research On The Financial Lease In Tax Law

Financial lease, born in1950s in American, has become the second-largest capital supply channel after bank credit nowadays. Financial lease, financing with materials, treats materials as its carrier, capital as its essence. This emerging financial industry combined financing capital with financing things, trade with technology refresh, has complex tax-related legal system. Economy determines revenue, in turn, revenue reacts on economy. In the process of accelerating the development of financial lease, taxation policy isthe important economic macro-adjustment leverage. VAT transition (value added tax transformation) in2009and the tax reform called Business Tax Change to VAT in2012, both proved to have a great impact on finance leasing industry. Therefore, it is necessary to study financial lease from the perspective of tax law. Regulating finance leasing industry through legal system of tax so than the role of control and guidance of tax law on promoting economic structure transformation, guiding social capital flow, boosting scientific and technical innovation and stimulating small and medium-sized enterprises’vitality will be achieved. And then, the national innovation drive transformation will be accelerated.Based on this, using document research method, comparative method and interdisciplinary research method, this paper is divided into four chapters.Chapter I is "Introduction to the basic theories of financial lease". Firstly, it introduces the different definitions and evaluations of financial lease in Civil and Commercial Law, accounting standard, tax law and financial regulation; then, according to material imposition principle, it analyzes the deal structure of financial lease combined with civil law and carries out trading qualitative in tax law. In addition, it emphasizes the importance of material imposition principle to the understanding and application of some tax code related to financial lease.Chapter II is about "financial lease and tax law system environment". Firstly, it focuses on tax categories to sorts out current tax legal norms of financial lease; then, it evaluates the tax law system environment of financial lease and points out the new and old problems of the existing financial lease law system against the background of replacing the business tax with a value-added tax.Chapter III talks "the international comparison and reference of financial lease law system". This chapter adopts comparative method to summarize the taxation legislation in some countries with relatively developed finance leasing industry and countries with emerging financial lease. It analyzes and leans from the following aspects:legislative style, legal definition, specific tax categories, tax preference etc.Chapter IV writes about the "the suggestions of optimizing financial lease law system". The purpose of this paper is to solve the practical problem in China.This paper is attempted to have some innovations in the following aspects:firstly, the topic of this paper is novel and it makes a systematic analysis of financial lease law system; secondly, it analyzes financial lease tax codes with basic theory of law tax, reinforcing its theoretical basis; thirdly, it provides suggestions to the latest tax law problems facing financial lease practice in some pilot regions implementing the policy of replacing the business tax with a value-added tax, so that the financial lease will flourish.