The Research Of Tax Avoidance And Antitax Avoidance Under The Mode Of Vie

At present,China is in an Internet era of high-speed development,as for an Internet company,if it wants to grow and develop,fund is very essential.However,the scarcity of fund has become one of the bottlenecks restricting the development of many Internet companies.Therefore,having access to finance become the key to enterprise development.However,in China,due to the relevant laws,regulations and policies,Internet companies are so difficult to appear on the market in our country and obtain domestic finance.In this situation,many companies have to seek funds by the way of overseas listing.But the road to overseas listing also has many heavy resistances.First of all,the Internet companies is in a field of restricting and prohibiting foreign investment in China,while overseas listing is badly supervised by the regulation of "foreign investors on the merger of domestic enterprises" jointly issued by Ministry of Commerce,the SASAC,the State Administration of Taxation and other six ministries.Secondly,in order to avoid being regulated by Press and Publication Administration and the Ministry of Industry and other departments on the "Internet value-added services," that is in accordance with the provisions,foreign investment institutions is difficult to intervene in telecommunications operations and value-added telecom services.Therefore,we created a way that a domestic company controlled by the territory of natural persons to obtain a business license,through a series of agreements to control the legal relationship between domestic companies and foreign companies to achieve overseas listing and get financing,which is becoming a ideal choice.Finally,VIE structure came into being in the game and compromise between supervisor and supervisee.Specifically,the VIE structure is called Variable Interest Entity(VIEs),also known as "protocol control",which refers to the separation of overseas listed entities from domestic operating entities.Overseas listed entities control the domestic operating entities through agreement,So that the operating entity becomes a variable interest entity of the listed entity.Such an arrangement may transfer the interests of the domestic operating entity to the overseas listed entity through the control agreement so that the shareholders of the overseas listed entity(which is the foreign investor)actually get the benefits arising from the operation of the domestic operating entity,which refers to the legitimate business company,business or investment.Through the VIE model,Sina,Alibaba,as the representative of the Internet companies perfectly listed in the overseas by making use of China's relevant legal loopholes.In a few decades,it developed rapidly and swiftly,but at the same time this model has also brought a lot of disadvantages that are not conducive to government regulation,such as the tax avoidance of enterprises,enterprises through various means to escape tax,resulting in the huge loss of our taxes,meanwhile it caused huge financial losses to our country.Therefore,this article mainly to explore corporate tax avoidance and the government's anti-tax avoidance problem of agreement control mode.Hoping through this article,we can find an effective way to solve the balance between development of enterprises and country's taxation,finally achieve to a "win-win" effect.This paper intends to elaborate the perfection of the system of special tax adjustment of enterprise income tax under the mode of VIE through six parts.Generally,the first part,Elaborating the research background and significance,the literature review,the research content and the method,the innovation and the insufficiency.The second part,Discuss the theoretical basis of tax avoidance and anti-tax avoidance under the mode of VIE.The third part,the way of corporate tax avoidance in VIE structure and the legal regulation of tax avoidance in China.The fourth part: the legal regulation of American PFIC tax system on the corporate tax avoidance.The last part: To make a further suggestion to improve the problem of tax avoidance under the mode of VIE.