A Study On The Tax Preference Legal System Of Hi-tech Industry In China

The development of high-tech industry can’t depart from the support of tax preference legal system. At present, the gross output of high-tech industry occupies only8%of the total industrial output value, far below the average rate of30%-40%in developed countries. There are many different reasons. The shortage of the high-tech industrial tax preference legal system had something to do with this. So how to perfect the tax preference system of high-tech industry to create a favorable market environment for high-tech industry is worth further study.The theory of the tax preference system of high-tech industry is the premise to perfect the tax preference system. Differential treatment of the tax burden on the high-tech industry is the key to know its content. Defining and expounding the related concepts of high-tech industry, clarifying the difference between high-tech and high-tech industries are important. Any system must have a certain theoretical support. Tax preference legal system of the high-tech industry is no exception. So this article explores the theory basis of tax preference legal system of the high-tech industry by focusing on the description of infant industry theory, the quasi-public theory and the tax income and substitution effect theory.Learning from foreign experience is an important approach to improve ourselves. Though the comparatively study on tax preference system of high-tech industry in the United States, Japan, German and Korea, we get a profound inspiration to China. These mainly include realizing that tax preference legal system of high-tech industry is the fundamental security to develop the high-tech industry, that we should establish diversity measures of tax preference that adapt to the development of high-tech industry, that we should build a perfect taxation preference system of high-tech industry and giving tax preference to the small and medium-sized enterprises in high-tech industry development.The basic theoretical research is to solve practical problems. Reviewing China’s current legislative and practical situations, there are still some problems during the Tax preference legal system of the high-tech industry. For instance, the unclear goals and principles of the tax preference, the low level and the poor cohesion of the legislation, the mixed-up legislation subjects, and the unreasonable tax design. The causes of the problems are various. The compartmentalization of tax legislative right is unscientific, the turnover tax preference system is unreasonable, the income tax preference system is defective and the supporting mechanism of taxation preference is unreasonable.Facing these problems, this article puts forward the suggestions of improving the China’s tax preference legal system of high-tech industry. On the whole, we should definite the principles and goals of tax preference legal system of high-tech industry. Namely, the tax preference must stick to the principle of legality, the principle of moderation, the principle of encouraging innovation, the principle of promoting transformation of technological achievements. All of these are to arriving at the multiple goals of promoting the development of high-tech industry, advancing the ability of science and technology innovative and promoting the transformation of the economic development pattern, realizing the health, stability and sustainable development of national economic. To be specific, these includes straightening out tax legislation system, improving turnover tax preferential legal system, perfecting income taxation preference system, and promoting the reform of the supporting mechanism of taxation preference.This article aims to start a discussion from four aspects——the theory, the domestic and foreign legislation, the problem and the suggestion, and hope to perfect the tax preference legal system of high-tech industry and promote the development of the high-tech industry.