A Study On Tax-related Legal Issues Of Family Trust In China

Family trust is a kind of financial instrument generally accepted by the international community to inherit family wealth and avoid risks.The Rockefeller Family Trust,the Bill &Meida Gates Trust,has won the world's respect while inheriting family wealth.China's family trust began to develop in 2013,and gradually formed many types of family trust.At present,four models are the most common.First,the mode of cooperation between private banks and trust companies.Second,a single trust company model.Third,independent banking model.Fourth,third-party financial institutions model.Family trust organizations are becoming richer with the expansion of market demand They are known as Ping an Family Trust,Bank of China's Family Office,Noah's Wealth Family Office and PCCW's Family Trust Center.At present,The newly released measures on due diligence of tax-related Information in non-resident Financial accounts and the notice on strengthening the Supervision of Trust in the transition period of standardizing Asset Management Operations are good for the policy of family trust in China.Degree has aroused the attention to the family trust tax system.As the most mature country in the development of family trust,Britain,America and Japan have established a relatively perfect family trust tax system.Compared with Britain,America,Japan and other countries,the family trust in our country in the process of taxation due to the tax category,tax subject,tax preferential measures and other aspects of the provisions are not perfect,leading to the existence of a series of problems,such as repeated taxation,tax avoidance multiple issues.Etc.Therefore,it is particularly important to establish a tax system based on national conditions which is conducive to the further development of family trust.The theories and practices of "duct Theory","substantive Taxation","form transfer and non-Taxation" in Britain and the United States have effectively solved a series of problems,such as repeated taxation of family trusts,and so on.It provides a more relaxed tax environment for the development of family trust.On the basis of the tax practice and theory of Britain,America,Japan and other countries,our country should make reasonable regulations on the different tax types of family trust according to the development mode of family trust in our country and within the overall framework of the existing tax system.This article is divided into five parts:The first part is mainly about the concept and tax-related elements of family trust.Firstly,the origin and development of family trust are introduced,the definition of family trust inChina is defined,and then the structure and classification of family trust are briefly described.Finally,it summarizes the current development situation and current development advantages,and reveals the main tax elements and tax characteristics of family trust.The second part compares and analyzes the main tax types of family trust.Firstly,this paper compares and analyzes the main tax types of family trust under the current tax system in our country,then analyzes the phenomenon of repeated collection derived from the tax category,and finally draws lessons from the method to solve the phenomenon of repeated collection.The third part is mainly related to the tax subject of family trust in our country.Firstly,this paper mainly analyzes the tax-paying subjects of Chinese family trust in practice,then studies the tax avoidance methods caused by the uncertainty of the tax-paying subjects,and finally probes into the concrete methods of determining the tax-paying subjects.The fourth part compares and analyzes the preferential tax policies of family trust in China,and involves the relevant regulations of foreign countries.The fifth part puts forward the countermeasures to establish and perfect the tax system of family trust in our country.Firstly,the top-level design is standardized,and the relevant theory is used as the guidance,then the concrete measures to perfect the family trust tax system are put forward.At the same time,aiming at the unreasonable tax preferential policy of the family trust,the corresponding tax preferential measures are perfected.