The Research Of Taxation Legal Problem On The "Conversion From Business Tax To VAT" In Financial Service Industry

As an important part of the third industry in our country, financial service industry is the focus of the development of China's economic transformation in the future. However, the current tax system of the financial services industry is not conducive to its sustainable development. In 2012, the state began to carry out the plan of the “Conversion from Business Tax to VAT” in some industries, in accordance with the national economic and social development of the twelfth five years plan requirements, before the end of 2015, the “Conversion from Business Tax to VAT ”will be fully covered by the financial services industry. On March 23, 2016, the Ministry of finance, the State Administration of Taxation released the business tax syndrome VAT pilot approach and its rules, the financial services industry will be included in the scope of the pilot. However, the pilot measures, did not explicitly regulated financial service industry tax structure. How to implement the value-added tax system in the financial service industry on the basis of the existing tax practice in China has been a hot topic in the academic circles. Under such background, this paper analyzes the legal issues involved in the reform of the financial services business, so as to provide useful references for the improvement of the value-added tax system of China's financial services industry.First of all, discussing the policy background of the VAT Reforms to Business Tax,and then analying the importance of getting the financial services into value-added tax levy range. And from the principle of tax law, combined with the industry characteristics of the financial services industry and the characteristics of value-added tax, pointed out the difficulties in the “Conversion from Business Tax to VAT”in Financial Service industry, for pointing out the direction of reform in financial services.Secondly, this paper will analyze the outside financial services three taxation mode, points out shortcomings of the three modes, and then through the legitimacy of tax analysis, and put forward the following the basic principle of value added tax and relief angle of economic distortions should not be on the financial services industry implementation of tax exemption or take a zero tax rate model.Finally, combined with foreign advanced experience and the financial services industry levy VAT tax dilemma, this paper put forward to in the coordination of financial innovation and tax law under the premise, to further promote the steady development of the financial market also balance the tax fairness. Establish to general plan of tax, simple plan of tax and finite deduction right combination of comprehensive tax as the financial services industry added value tax levy pattern, and then optimize taxation elements and the corresponding tax power division and finance income ratio, and during the transition period arrangement, in order to let gold financial service industry camp to increase smoothly smoothly.