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The Construction Of Tax Credit Repair System For Bankruptcy Restructuring Enterprises

Posted on:2020-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2416330572494541Subject:legal
Abstract/Summary:PDF Full Text Request
Bankruptcy reorganization is one of the most effective systems to save difficult enterprises and help them regenerate.After the company enters the bankruptcy reorganization process,it is often difficult to repair the tax credit and seriously hinder the reorganization process.When the courts in Zhejiang Province of China handled the bankruptcy reorganization practice,they actively guided the reorganization enterprises to communicate with the taxation department,and adopted various forms including tax reduction and exemption to help the restructuring enterprises to repair their tax credits,and achieved preliminary results.However,due to the lack of regulations on tax credit repair in Chinese laws,these repair methods cannot be universally applied.The first part combines the case of Anxi Tieguanyin bankruptcy reorganization,and uses several representative corporate credit evaluation methods to demonstrate that bankruptcy and restructuring enterprises still have credit.The premise of repairing the credit of is the bankruptcy and reorganization enterprises still have credit.The reason we repair the credit of backruptcy and reorganization enterprises is the value of reorganization.The second part demonstrates the reorganization enterprise's tax credit repair is an inevitable requirement to improve the reorganization efficiency,protect the rights of reorganization enterprise,and realize the optimization of the acquisition order.The third part points the main problems in the tax credit restoration of China's restructuring enterprises include the inadequate legal system,the single repair method,and the lack of operational procedures.At the same time,China's tax law does not address the"emergency" and "taxation" of restructuring enterprises.The fourth part emphasizes When repaying the tax credit of reorganization enterprises,it is necessary to follow the 3 basic principles:equalizing the interests of reorganization enterprises and creditors,rectifying behavioral repair and information repair,and reorganizing the relationship between enterprises and tax authorities.The purpose of the repair is to eliminate the record of untrustworthiness and resume normal operations.The fifth part suggests that to construct a bankruptcy and reorganization enterprise tax credit repair system,the legislative level of tax credit repair should be improved by clarifying the tax credit repair system in the Tax Collection Management Law,and at the same time improve the Tax Credit Management Measures(Trial)and pass the restructuring enterprises to reduce tax credits,deferring tax treatment,exempting bankruptcy and restructuring enterprises from income tax expenses arising from debt exemption to regenerate the reorganization enterprises.
Keywords/Search Tags:Bankruptcy reorganization, Tax credit, Credit repair, Tax claims, Acquisition relationship, Special taxation zone
PDF Full Text Request
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