The Regulation Of Real Estate Securitization Tax Law

At present, a hot research in the field of international financial innovation, is the real estate securitization. This innovative break of indirect financing and limitations, and thus get the favour of broad international. For our country, and actively promote the reform of real estate securitization of financial market structure is significant.Tax burden as part of the transaction costs, the relationship between the financial and tax are inseparable,Its development on the one hand, to create new tax sources, on the one hand, also need the support of relevant tax policy.Diversification of real estate securitization, transaction complication has caused to the traditional tax law huge impact.Therefore, how to adapt to changes in the financial innovation and the development of the tax law, is a big focus of attention of ta x.To reform the traditional tax law, in line with the market development, adapt to the innovative market transaction mode of tax regulation is imminent.This paper summarizes the real estate securitization principle, characteristics, operation process, the tax payment link, refining a stage in the process of real estate securitization in China related to tax the core problems, further lists the current related tax system in our country, discusses the advantages and disadvantages of outside the relevant tax rules, take the director, to its dregs, put forward the feasible suggestion for our country tax system reform. Full text is divided into several parts:The first part gives a brief overview of the principle of structure of financial innovation, embodied in its definition interpretation and essence of dissected from the financial innovation unique legal characteristics, in order to understand the financial innovation and the tax system environment.Elements in the second part from the traditional tax system in our country, further highlights the taxation main body in the process of real estate securitization, taxes, tax types exist more or less double taxation and tax uncertain phenomenon, and pointed out the direction of the tax reform for later, and provide the basis of objective reality.Third part widely browse the well-developed real estate securitization markets outside of our tax system, refine the effective to overcome the disadvantages, in different parts of the characteristics of some of the tax reform, positive thinking whether can be reference by our country or in combination with the reality of our country with a little tweaking, tried to find out the breakthrough of real estate securitization in our country tax system.The fourth part of the three major principles, strictly follow the traditional tax system for the development of the financial innovation in China to give more to adapt to the matching system, put forward specific unified legislative model, combined with China's national conditions, from the originator, SPV, investors three key subject of tax system, perfect relevant feasible tax advice are put forward.