Tax Law Study Of Individual Income Tax Of The Listed Company Restricted Stock

Before 2005,all shares of listed companies in China's a-share market were divided into tradable shares and non-tradable shares.Since the share-trading reform,the number of non-tradable shares subject to the share-trading reform has been decreasing year by year,and the main type of restricted shares have been changing with the development of the market.The Individual Income Tax Law has just been revised,but no new legal acts have been issued to individual income tax of restrict stocks.Nowadays,the tax law on individual income tax for restricted share is unable to meet the current practice of the capital market,and there are still a lot of tax law problems that have not been solved.Therefore,there is a large tax avoidance space for the current restricted share reduction of personal income tax.The lack of legal provisions has become an important factor for the emergence of tax avoidance space.We should first summarize the specific loopholes and problems,mainly including: the qualitative problem of the theoretical construction of the upper limit of stock sales,the practical case of the two sides have different understanding,and it can not be solved for a long time.On the practical level,in order to expand the scale of investment attraction,the Yingtan model is adopted by districted government to give financial rewards to individual shareholders,by returning the tax paid,to attract individual shareholders of restricted shares to reduce their holdings locally based on disguised tax incentives,which obviously violates the legal principle of taxation.High Turn To as a commonly used tax avoidance mode,derived from a small loophole in the tax provisions,the enterprise on behalf of the limited sale of shares as a routine operation of the capital market,so how the tax authority identify by obeying material imposition principle? As well as the tax rate and the verification collection question are worth the theoretical circle to think about this repeatedly.Based on the incomplete provisions of China's stock/equity transfer tax law,the author thinks that it is more convenient to solve the tax law of individual income tax on the income from restricted share transfer from the specific problem.Of course,the perfection of construction of the tax system is to realize the legality of the tax collection procedure,the justice of the result and the harmony of the social order.Therefore,in order to achieve the purpose of systematic analysis,we should try our best to incorporate it into the constitutive elements of tax law as far as possible by three dimensions: entity requirement,procedure requirement and tax collection and management.