Research On Tax Preferential Issues Of Charity Trust In China

China is a big country with philanthropic needs and a big country for philanthropy development.As a new way and important carrier for carrying out philanthropy,charitable trust has the advantages of high security,high flexibility and high efficiency,and plays a major role in promoting the rapid development of philanthropy in China.In recent years,China's philanthropy has developed rapidly,and the amount of charitable donations has exceeded 100 billion.However,charitable trusts have not enjoyed the dividend of philanthropy.The reason is that on the one hand,because China's charity trust started late,it has just been two years since its birth in 2016.On the other hand,because China's charitable trusts lack a matching tax preferential policy,the tax benefits enjoyed by the Charity Law for charitable trusts are only principled,there are no rules,and there is no incentive effect,which restricts the development of charitable trusts.Tax policy should encourage the development of charitable trusts.The nature,function and practical importance of charitable trusts are important basis for taxation to support its development.Charitable trusts have a public interest and altruism and play an important role in improving China's public services and promoting China's social development.In terms of improving public services,charitable trusts can provide public services,reduce the burden on the government,and meet the diverse needs of residents.As far as promoting social development,charitable trusts can mobilize social forces,gather financial and human resources into social hotspots such as education,culture and environmental protection,and enhance the happiness of all residents.Second,they can participate in income distribution and promote society in a flexible way.The flow of wealth from the affluent class to the poor class is conducive to narrowing the gap between the rich and the poor.Third,participating in social governance can accurately target the governance of social issues.In view of the imperfection or lack of tax incentives for my charitable trusts,this paper analyzes the development of charitable trusts in Britain,the United States,Japan and Taiwan,and finds that tax incentives are indispensable for the development of charitable trusts in countries(regions).The lack of catalysts provides a reference for tax incentives for charitable trusts in China.At the same time,the legal status of the tax incentives for charitable trusts in China is not clear,the scope of the preferential treatment is narrow and the intensity is not great,and the tax collection and management procedures need to be improved.Based on the experience of the above countries(regions),the opinions that can be referenced by China are summarized.Specifically,the tax incentive system for charitable trusts in China should be designed mainly from the two aspects of enhancing the enthusiasm of the people to participate in charitable trusts and preventing the use of tax incentives to damage national interests.At the legislative level,it is necessary to construct an independent and unified tax incentive policy system for charitable trusts.The National People's Congress and its Standing Committee will exercise legislative power and establish a taxation system for charitable trusts in China.At the incentive level,first,to expand the coverage of tax incentives,trust companies should be included;second,to increase the tax incentives for charitable trusts,in the value-added tax,income tax,deed tax,stamp duty,property tax and consumption tax,etc.The taxation will increase the support;the third is to liberalize the restrictions on the form of donated property,and enjoy the same tax incentives for setting up charitable trusts with non-monetary assets such as equity,securities,intellectual property,etc.Fourth,it is necessary to levy inheritance tax in a timely manner.Gift tax.In terms of collection and management,the first is to improve the qualification certification and review system for tax incentives,and the second is to fully implement the transparent system of charitable trust information disclosure.