On Tax Preferential Policies In Enterprise Bankruptcy Reorganization

Bankruptcy reorganization is one of the parallel systems in the field of bankruptcy law with bankruptcy liquidation and bankruptcy reconciliation.It was introduced into China's new bankruptcy law in 2007.Compared with the other two systems,bankruptcy reorganization has unique institutional value.With the deepening of supply-side structural reform,the central government put forward the principle of "more mergers and reorganization,less bankruptcy and liquidation".Courts and governments all over the country have explored ways to help enterprises out of the plight of bankruptcy reorganization,in which the Zhejiang government,courts and enterprises work together to innovate the mode and find a special "government-courtlinkage" to help the bankruptcy reorganization.When dealing with "zombie enterprises",the bankruptcy reorganization system should be flexibly applied to preserve the high-quality assets of enterprises,fully guarantee the employment of employees,and revitalize the economic market.Since then,various regions have followed the Zhejiang experience,set off enterprise "bankruptcy reorganization heat." Tax as one of the important factors influencing the bankruptcy procedure,the study of it has been stopped,but the study found that after the bankruptcy reorganization,the preferential tax issues related to the topic research also very few,many of them are in the study of bankruptcy as a small dot area,the lack of comprehensive and systematic2 research and analysis.At present in the bankruptcy reorganization process to enjoy preferential tax policies,only through the tax creditors vote through one of the restructuring plan draft way,in the case of tax authorities do not agree to pass the reorganization plan,if the enterprise want to continue restructuring,can only pay back taxes in full.However,China's existing tax laws and related policies do not explicitly stipulate how to reduce or cancel the creditor's rights in the restructuring plan.Therefore,even if the tax authorities intend to facilitate the restructuring of enterprises,they are faced with the dilemma that they cannot rely on.The backwardness of the theory also leads to the difficulties in the practice when the bankruptcy reorganization enterprise wants to win the tax preferential policy,which has hit the enterprise reorganization enthusiasm and seriously affected the reorganization system value display.In order to make the tax factors no longer become the obstacles on the way of enterprise bankruptcy reorganization,the author studied the bankruptcy reorganization system and China's tax incentive system,respectively,to explore how to realize the value connection between the two,and to analyze the Zhejiang model,in order to find useful experience to improve this paper.The research ideas of this paper are as follows:First of all,in the current central government proposed to clean up the background of tax incentives,why should the author propose to bankruptcy reorganization of enterprises to increase tax incentives? There are two main reasons.On the one hand,the unique institutional value of bankruptcy reorganization determines the necessity and feasibility of Chinese enterprises to choose the reorganization path when they are in trouble.On the other hand,the preferential tax policies embody the idea that the state benefits the people,reserves the basic survival capital for the distressed enterprises,gives them the hope of "living",and realizes the tax justice.Secondly,the author summarizes the bankruptcy reorganization involves three modes,different modes adopted by way of reorganization,making tax issues also slightly different,a combination of different model is implemented,the author from the three stages of the bankruptcy reorganization are analyzed in detail the current tax problems and related policy,for the following analysis of the causes ofproblems and lay the foundation.Thirdly,the author makes an in-depth and comprehensive analysis of the tax preference dilemma faced by the current bankruptcy reorganization enterprises.Only by understanding the crux of the problem,can we "find the right remedy" and improve the success rate of solving the problem.Finally,it is also the most critical step of this paper.On the premise of finding and analyzing problems,targeted solutions are proposed.First of all,the concept of change,the bankruptcy law and the tax law is not entirely opposite to each other,the two can be integrated and play a role together;Secondly,different Suggestions are put forward for different stages of the reorganization,and the specific ways to improve tax incentives are clarified.Finally,supporting safeguard measures are proposed for bankruptcy reorganization enterprises and tax authorities to prevent the abuse of preferential tax policies,so that enterprises in real need of help can achieve new life.It is worth mentioning that there is a common thread running through this paper from the beginning to the end,that is,the preferential tax policy is not to sacrifice the interests of the country to protect enterprises,but to seek a balance between the two to achieve a win-win result,which is also the value of this paper.