A Research On Legal Matter Of Business Trust's Value-added Tax

Trust in the economic life is often used for tax avoidance,however,unreasonable tax avoidance will affect the tax fair seriously,endangering national revenue.As the general tax law theory is not very good to regulate the trust,the United States and some other developed countries take multiple measures in the construction of the trust tax system to develop the trust industry and national tax balance.The value-added tax of the commercial trust is not a new tax,it is part of the value-added tax,but because of the special nature of the commercial trust,it results in the collection of value-added tax on commercial trusts should have a unique tax rules to match,if the traditional value-added tax theory and policy applied to commercial trusts,it will affect the healthy development of commercial trusts seriously and endanger the country's fiscal revenue.This paper takes the legal question of commercial trust value-added tax as the research object,and aims to perfecting the value-added tax legal system of China's commercial trust after the improvement of "change sales tax into VAT".The first chapter introduces the origin and development of commercial trusts,and then elaborates the concept of commercial trusts according to the law and judicial precedents of commercial trusts.Compared with non-commercial trust,commercial trust is with the features of profitability,organization and limited law subject.The main status of the current law of our country has no clear provisions of the commercial trust,the academic community has not formed a conclusion,but in practice there are many forms of commercial trust form.The second chapter of this paper summarizes the particularity of China's commercial trust value-added tax: Firstly,the special nature of the existence of commercial trusts and lack of legal subject status.Secondly,compared with other forms of business,all aspects of the commercial trust are with particularity including the establishment and the termination phase,it lacks tax incentives;whether the income right transfer of commercial trusts with existence is defined as “financial goods transfer” is lack of a clear tax policy.Thirdly,business trust faces problems before and after " change sales tax into VAT",that is tax burden is rising but not falling down.In the third chapter,through the comparative study,it is found that the United States gives commercial trust legal status with some limitation.And then analyze the various stages of business trust: that the same type of commercial trusts enjoy the preferential tax policy is not uniform.At the same time,the main forms and structure of the existing commercial trusts are simply sorted out,and it is considered that the commercial trusts have the same preferential policies.Based on the principle of value-added tax payment,it is concluded that there are some deficiencies in the current value-added tax payment regulations in China,which cannot cover the transfer of non-ownership forms such as the right of trust.On the basis of the above-mentioned problems and analysis,chapter four puts forward some suggestions and countermeasures on the legal problems of the value-added tax in commercial trusts from the basic principles of tax law and the existing tax system and the actual situation.The principle of trust limited legal subject;the use of trust "martial taxing" principle and "conduit theory" to solve the problem of inadequate tax incentives;increase tax preferential policies to expand the scope of the existing tax preferential policies;learn from the existing legal system to clear that the benefit transfer right of business trust is taxable.The conclusion part of this paper concludes that it should clearly stipulate the value-added tax involved in all aspects of commercial trust,and make sure that the taxable steps and tax incentives should be implemented.At the same time,the regulation of the value-added tax laws for commercial trusts should be from the overall consideration,taking into account the needs of different business trusts,fully understand the principle of substantive taxation to handle the relevant legislative system,to solve the trust party's rights and interests' protection,tax incentives and anti-tax-avoidance relationships and other aspects of the problem.At the same time,we should also draw on the practices of other countries and formulate a set of systems and rules that best suit our needs.