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The Perfection Of China's Controlled Foreign Company Rules From The Perspective Of Anti-tax Avoidance

Posted on:2019-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z YangFull Text:PDF
GTID:2416330620460609Subject:International Economic Law
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In recent years,the capital of China's resident enterprises and individuals has been exported to overseas low-tax areas.In order to prevent transnational taxpayers from using controlled foreign companies to engage in tax avoidance activities,China's "Enterprise Income Tax Law" introduced the relevant regulations for controlled foreign companies in 2008,but the applicable level in practice is very low.The reason is mainly due to legal provisions.Too general and vague,and controlled foreign companies often involve complex cross-border transactions and commercial arrangements,which makes it difficult for tax authorities to identify controlled foreign companies,and secondly,controlled foreign companies are inherently invisible and indirect.The domestic tax authorities are difficult to identify in time due to physical distance.The aforementioned problems have resulted in little anti-tax avoidance of the rules of controlled foreign companies in China.With the revision of the rules of controlled foreign companies in the United States and other countries or regions,China's controlled foreign company rules have become more and more important as one of the important measures for special tax adjustment.In 2018,China made a major revision of the "Personal Income Tax",bringing new breakthroughs in the regulation of the subject of controlled foreign companies.Based on the typical anti-tax avoidance cases in China's practice,this paper analyzes the latest developments and institutional limitations of China's controlled foreign company rules,and based on the experience of international organizations and overseas countries or regions,based on China's legislative status and economic and social development needs,combined with other The application of anti-tax avoidance measures proposes relevant suggestions for improving the rules of controlled foreign companies in China.
Keywords/Search Tags:controlled foreign companies, anti-tax avoidance, new international taxation order, tax base erosion and profit transfer
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