Research On The Legal Problems Of Tax Reform About "to Replace Business Tax With Value-added Tax"on Financial Sector

Pilot activities for the Change from Business Tax to Value-Added Tax take place in Shanghai on July 1, 2012.The first is for VAT "to expand around" activities in the transportation industry and parts of modern service sectors.To sun up,this pilot effect is obvious,most of the enterprise tax burden is reduced, avoid the double taxation.Therefore, The State Council Executive Meeting decided to since August 1, 2013, the pilot in transportation industry and parts of modern service sectors to replace the business tax with a value-added tax expand to the whole country, and put forward not only to expanding on the territorial scope of, it should be enlarge an industry on the circumference. More and more scholars and doers have concentrated on the financial industry, But even the pilot in transportation industry and parts of modern service sectors to replace the business tax with a value-added tax is not plain sailing. Let alone in the complex financial industry. But on the other hand, carry out the pilot in financial industry is not only in line with international trends, but also meets the requirements of structural tax cut, it is conducive to further optimize the industrial structure and promote the transformation of development mode, and the trend of reform is irreversible. Therefore, before the formal pilot, understanding "camp changed to increase" the particularity of the financial industry and reasonable planning the pilot in financial industry is what we are in urgent need to resolve.In this paper,starting from the formation and reform process of China’s value-added tax,has revealed the financial industry in our country to carry out the “to replace business tax with value-added tax”has its profound policy background. And aims to through analyzing the business tax in our country existence common problems which include the double taxation,the overweight tax burden,and special problem in the financial industry,such as business complex,bigger risk, and so on.Thus illustrates the necessity of “to replace business tax with value-added tax” in financial industry of our country.At the same time,an objective analysis of financial industry in our country have to encounter various obstacles which contains that it is difficult to determine Output tax, method of calculative, unify the tax and tax rate in the process of “the replace business tax with value-added tax”. However,after a comparative analysis on the international patter(EU model,New Zealand model, Australia and Singapore model)to the VAT in the financial industry,I have summarizes some experiences which can suitable national conditions of our country in financial industry to “replace business tax with value-added tax”,and on this basis, from the tax model selection, the construction of the elements of the tax law and the perfection of related system three aspects, the article trying to put forward the concrete measures for the financial sector“to replace business tax with value-added tax”related legal system of tax revenue.The innovation of this paper is different from a purely economic point of view, butfrom the perspective of tax law to research,and combined with the appropriate knowledge of economics,aimed at to provide corresponding legal support for the“Camp changed to increase” pilot in financial industry. I hope that through the discussion of this article, can be helpful for the future "Camp changed to increase" pilot in financial sector.