Research On The Corporate Income Tax Regime Of Enterprises' Cross-border Reorganization

Cross-border restructuring is a common phenomenon in the market economy and a necessary way for companies to become bigger and stronger.However,the cross-border restructuring of enterprises is still an extremely complicated transaction process,and it will inevitably involve more complicated taxation issues.It is a problem faced by both companies and taxation departments.China has not yet formed a separate legal system for cross-border reorganization of corporate income tax.The relevant income tax policies and tax collection and management methods are scattered among the regulatory documents promulgated by the Ministry of Finance and the State Administration of Taxation,and have not yet formed a system.It needs further improvement.Through research on corporate income tax system for cross-border restructuring of enterprises,the company's cross-border restructuring of corporate income tax law theory,China's current corporate income tax law status quo and specific rules,and lessons learned from cross-border restructuring of the United States income tax law experience can be remedied The research gap in the field of tax law in China provides a theoretical reference for further improving the legal system of cross-border restructuring of corporate income tax.The use of normative empirical research methods,supplemented by comparative analysis and case studies,combines theory with practice and addresses issues related to cross-border corporate income tax restructuring.Mainly from the cross-border restructuring of the company's tax exemptions,cross-border tax reorganization of the special anti-tax avoidance rules and cross-border restructuring special international double taxation of the three aspects of in-depth study,sort out the basic theory of the current system,the content of rules and practical issues.First of all,for the tax exemption requirements for cross-border restructuring of enterprises,China adopts a tax neutral principle,adopts a differential tax treatment policy for mergers and acquisitions,and divides corporate reorganization into business reconciliation rules in accordance with the rules of business purposes,shareholders' interest continuity rules,and business continuity rules.Taxable restructuring and tax-free reorganization aims to encourage real reorganization and limit tax avoidance restructuring through the application of multi-step trading rules.However,there are many problems that need to be further clarified as the four regulatory elements of the division and inspection standards.Secondly,the core content of cross-border tax-free reorganization special anti-avoidance rules is to deal with the host country's tax sovereignty and cross-border restructuring of the balance between rights and interests of taxpayers' tax,to prevent multinational taxpayer evade the sovereign state tax revenue jurisdiction at the same time,protect the interests of cross-border trade restructuring party shall enjoy reasonable,but the current rules of more stringent applicable condition,type of applicable trading co.,LTD and anti-avoidance content is not comprehensive.Finally,in cross-border restructuring,there is also the issue of special international double taxation,which cannot be solved within the traditional relief framework because of the mismatch of tax periods in different countries and the lack of access to tax credits.Moreover,there is no effective way to reduce the special double taxation in our country.By summarizing the previous studies on tax restructuring of domestic companies,from the perspective of a broader cross-border restructuring,combined with relevant theories and rules of international taxation,and drawing lessons from the United States' legislative experience,we propose an initiative to improve China's cross-border restructuring of income tax system.This requires the improvement of China's cross-border restructuring of the corporate income tax system based on the principle of tax neutrality.In terms of institutional design,it is necessary to safeguard China's tax benefits,prevent international tax avoidance in restructuring,and eliminate international taxation as much as possible.Promote the smooth development of cross-border mergers and acquisitions.First of all,according to China's actual national conditions,further clarify the basic principles and value orientation of China's cross-border restructuring of income tax system,and specify the direction for the adjustment of tax rules.Second,the current rules for China's cross-border restructuring of the income tax system are more general and crude.On the one hand,it will affect economic efficiency.On the other hand,it may also damage the legitimate rights and interests of taxpayers;therefore,it should follow the development of China's modern enterprise system and the development of the capital market.Gradually improve the current tax rules to make them more refined and reasonable.Finally,in the cross-border restructuring,there is a relatively complex international double taxation issue of particularities,and China should take reasonable measures to resolve this issue.