Research On Tax Avoidance Laws And Regulations Of Offshore Trust In China

The trust system originated in England,and jurist Maitland called it "the jewel in the common law crown",describing it as the greatest contribution made by the British in the field of law.It has the characteristic of evading the law since its birth.It is mainly natural persons who use trust to evade international tax in the first place,and it belongs to civil inheritance and donation.With the increasing frequency of international capital flow,the trust system has gradually penetrated into the commercial field,and has been accepted by the countries of the civil law system,and has become an important member in the field of international investment and financing,high-net-worth individuals or multinational corporations have frequently used offshore trusts to hedge their country's political,economic and legal risks.Due to the underdeveloped trust system in China,offshore trust as a means of tax avoidance is still in its infancy,but the developed trust system in the West and the tax preferential system provided by tax haven countries,enough to make offshore trusts another attractive international tax shelter.In China,the application of offshore form is the embodiment of modern financial innovation,and is the concept of financial liberalization and internationalization.However,this kind of international tax avoidance infringes on national sovereignty and economic interests,destroys the normal tax order,is not conducive to the stable operation of the trust market,and has substantial harmfulness.The first chapter is an overview of offshore trust tax avoidance.Firstly,this paper introduces the General Situation of Offshore Trust System,and explains the realistic background and basic structure of offshore trust tax avoidance.Secondly,the paper links offshore trust and tax avoidance,and analyzes the causes and main ways of tax avoidance by offshore trust.This chapter mainly explains what is the offshore trust tax avoidance,and the necessity of regulating the offshore trust tax avoidance by law,which provides the theoretical basis for solving the offshore trust tax avoidance.The Second Chapter Discusses The current situation and deficiency of Offshore Trust TaxAvoidance Regulation in China.Analyzing the current situation of offshore trust tax avoidance regulation in China,there are many problems in both offshore trust tax system and tax information exchange,which deserve our attention.The third chapter summarizes the relevant international legal provisions and recommendations,including the experience of the United States and the United Kingdom,as well as the efforts of OECD international to combat tax avoidance,the purpose is to demonstrate the international law dimension requirement of Offshore Trust Tax Avoidance Regulation.The Fourth Chapter is the focus of the article,that is,how to improve the regulation of Offshore Trust Tax Avoidance Related Legal Provisions.By summing up the previous discussion,from the domestic and foreign levels of analysis.At the domestic level,the principle of substantial taxation is proposed as the basic principle for the application of the law of our country in regulating offshore trust tax avoidance,and the relevant experience of other countries in regulating offshore trust tax avoidance is also referred to,it is envisaged that China should take various measures to regulate offshore trust tax avoidance,including establishing reasonable tax system,perfecting supervision system and exchanging tax-related information.At the international level,we should not only strengthen the exchange of tax-related information,but also take an active part in the formulation of regional international tax cooperation organizations and international standards.