The Study Of Tax Law About Equity Transfer Phenomenon Of Real Estate Project

Looking back at the Chinese real estate market in the year 2015,we can find that the shuffle of this industry was accelerating,and the cases of real estate merger and acquisition(M&A)could be found everywhere.The industry differentiation became intense.The phenomenon of "big fish ate fingerling" repeated constantly.Through the study of large numbers of real estate merger cases,it is easy to find that assignors and acquirers prefer to take the form of equity transfer to realize the transfer of real estate projects,rather than assets transfer.Chapter one reveals the cause of the prevalence of transferring real estate projects by equity transfer,by analyzing the taxation of a real estate transferring project and consulting other scholars' point of view.In addition to evading the national legal restrictions on land transfer,to evade the tax revenue and to reduce the cost of mergers and acquisitions is the root cause of transferring real estate projects by equity transfer.Chapter two draws a conclusion that transferring real estate projects by equity transfer is not the legitimate tax planning but illegal tax avoidance by analyzing the typical features of tax avoidance.The author further points out that transferring real estate projects by equity transfer performs under the guise of legitimate acts which concealing illegitimate purposes,and causes the loss of tax revenue of the country,so the author gives a negative evaluation in law.The author suggests that transferring real estate projects by equity transfer urgently needs anti-tax avoidance,and points out that the substantial tax principle can be the tax law foundation of anti-tax avoidance.Chapter three analyses the current status and limitations of legislation about anti-tax avoidance during transferring real estate projects by equity transfer,including the scarce tax categories and the low legal hierarchy of anti-tax avoidance.Finally,the author put forward specific anti-tax avoidance measures of transferring real estate projects by equity transfer,of which the author thinks the most core is to clearly definite the defined standard of equity transfer and assets transfer from legislative layer.In addition,it is also very important to establish a linkage mechanism of anti-tax avoidance between the government departments.