A Study On The Taxation Of Share Transfer

The report on the work of the 19 th national congress of the communist party of China(CPC)pointed out that China's economy has shifted from a stage of high-speed growth to a stage of high-quality development.The role of state macro-control in the development of market economy is becoming more and more obvious and important.As an effective transaction means to promote market capital circulation,equity transfer has become an important means for the country to carry out macro allocation.Especially,as China is currently in a critical period of deepening structural reform,the role of equity transfer will be more obvious.At present,the number of companies in China is complex.As an effective way to flow the company's equity,equity transfer is constantly innovating in the way of transaction.In 1994,the state Treasury on the corporate income tax policy changes issued the "interim regulations on enterprise income tax rules",equity transfer into the scope of the regulation of the tax law for the first time,after a few years,about the equity transfer of tax policy releasing,the equity transfer for the detailed provisions,but did not through the legislative process to rise to the law,just some of the normative documents of the ministry of finance and the state administration of taxation.Law has the lag,the same,these normative documents also has lag,in recent years,the economic development of China ranks the world's highest speed,enviable GDP growth rate,the new market environment lead to the regulatory documents cannot effectively regulate equity transfer behavior,the emergence of the tax collection and administration is inevitable some blind spots,lead to outline more daily collection and management work,nor can be in accordance with the laws and regulations.Therefore,this paper hopes to study the tax issues involved in equity transfer,so as to arouse the thinking of scholars and tax professionals,and constantly improve China's equity transfer tax legal system.The introduction part of this paper gives a macro introduction to the overall situation of the current equity transfer,and introduces the tax-related issues in the process of equity transfer from the perspective of tax-related legal issues.The first part is a comprehensive overview of the equity transfer,starting from the particularity of the equity transfer behavior,the dual characteristics of the personality and property of the equity transfer behavior to focus on the analysis of its taxability.Based on the analysis of its tax base,this paper studies the tax characteristics of equity transfer.The second part,from the tax legal system level and the tax work practice level,the depth of the current equity transfer tax legal problems,and the analysis of the causes of the problems.The problems at the legal system level include the tax policy confusion level is not enough,the preferential tax policy setting is not enough scientific,the tax base is not enough reasonable and the low price transfer equity calculation method is not based on.However,the problems in tax practice include the concealment of equity transfer,the uncertainty of the time node of tax payment obligation,the insufficiency of tax collection and management means,the taxpayers' awareness of tax payment and the low compliance of tax law.The third part,combined with work experience,the author in the tax department,and the second part puts forward the problems,the author make some system and the tax authorities on their thinking,first of all,the most urgent from the perspectives of legislation to perfect the equity transfer related system,at last,by improving the management of a series of tax department's own way,to improve the equity transfer related legal system.