The Research On Tax Revenue Legal Issues Of The Housing Endowment

In September 2013, the state council issued the several opinions about speeding up the development of pension services under the state council, it puts forward to carry out the pilot of the housing endowment insurance. In order to respond to the opinions of the state council, the China insurance Regulatory Commission has drafted the guidance of carrying out the pilot of the housing endowment insurance. It plans to pilot the housing endowment in Beijing,Shanghai,Guangzhou and Wuhan. The new way of pension steps to reality from theory. This way of pension can not only ease the great pressure in our country and improve the elderly life in old age but also can activate the our country real estate market and housing resources reasonable configuration, If this new way of pension can develop smoothly, relevant policies and laws also need step to follow, the tax policy has played an important role in it. However, at present academia for the research of the new pension analysis mainly around to the operation mechanism of housing reverse mortgage loan, risk control, life cycle theory, etc, for the tax problems of the pension model and relevant preferential tax policies and measures are lack of systematic research. This article mainly discusses from the angle of insurance financial institutions. Firstly, we discussed the concept about the housing endowment insurance and the domestic in foreign, such as the United States, Britain, Canada, Singapore and other countries, and then we discussed the endowment patterns of endowment insurance that have been carried out in our country, and we introduced the housing endowment patterns that have been carried out in Nanjing, Shanghai, Beijing, Hangzhou and China citic bank. We put the domestic and foreign various retirement with house pattern as the starting point, we conduct a systematic theoretical analysis about the legal nature of housing endowment, then we put forward the basis of legal relationship is the insurance contract relationship behind it, and through the analysis of the current misunderstanding between the people for its legal nature we thought that we should not be able to the housing endowment insurance as paying installment sales. For the future value-added part of the house, this paper also analyzes its legal nature, thinking that it can be regarded as advance payment,(for the insurance company for advance payment). In addition, the author analyzes the tax issues in various stages of retirement with house by analyzing the legal nature of additionally, such as the stage of endowment insurance and the old man died after house counter phase. For the applicant in the previous stage, main is involved in The individual income tax. For building appreciation part mainly involved in business tax. In addition to the above questions, property tax issues also need to consider. For insurance companies, in this phase involves tax is more noticeable, it involves in the enterprise income tax, the individual income tax withholding, business tax and stamp duty. Through the various stages of the tax issues of theoretical analysis, at the end of the article, it is the systematical analysis that is in view of the house to pension tax legal system construction. In the house to pension mode, the putting forward of related tax policy mainly based on the legal principle, efficiency principle, as well as the theoretical of fair principle. In the implementation of retirement with house pattern, we mainly consider the main target of the tax in the running of housing endowment, that is to say, lowing the risk in the operation of house to pension, improving operational efficiency, benefiting to the reasonable allocation of social resources. At last, the rationalization proposal is put forward through the legal nature and the tax problems in the process of analysis, such as for policy-holder, insurance company and government level. Firstly, the policy-holder must be exempted part of individual income tax and the value-added part as advance payment which should pay business tax. For an insurance company, can be deducted in the general project, on the basis of claim additional deduction to limit, balance the taxes, interest expense deduct tax exemption, in turn, stimulating the insurance company actively into the house to the operation of the pension.. For the government, should give full play to the functions of the government, establish a perfect asset appraisal, asset management, credit guarantee, risk compensation and relevant disputes dispute settlement mechanism, create a good running environment for the development of housing endowment, and protect the legitimate rights and interests of both parties. The government also needs to encourage insurance company by the way of financially support and organizes retirement insurance company to research the new product of housing endowment. And the government must give tax breaks for the reasonable expenses in the process of its development, thereby not only increasing the enthusiasm of insurance companies to participate in, but also to broaden the source of funds of insurance company.Generally speaking, although the main problems of current endowment is a shortage of funds, developing retirement with house, tax is essential to consider because the tax revenue is one of the country’s main source of revenue. The tax issues in retirement with house pattern mining is one of the keys to carry on retirement with house, and it will be more conducive to for the operation of retirement with house in our country by perfecting the tax system.