The Study On Tax Law Issues Of Limited Partnership Venture Capital Enterprises

In the United States in the late 1960 s,the combination of limited partnerships and modern venture capital began to sprout.At this stage,it has developed into a popular organization for venture capital institutions in the world.In the new "Partnership Law" issued by China in 2006,after the commercial organization method was included in the type of partnership and the scope of partners was expanded to "legal persons and other organizations",on the one hand,the limited partnership venture capital enterprise was scientific and reasonable On the other hand,due to its various tax advantages in the tax field,on the other hand,it has also developed rapidly in our country in just ten years.Venture capital is an important capital force that encourages mass entrepreneurship and innovation.As a booster of current scientific and technological innovation achievements,it is China's implementation of innovation-driven development,implementation of new development concepts,and promotion of supply-side structural reforms to achieve stable growth and expand employment Important measures.On the one hand,the vigorous development of limited partnership venture capital enterprises has benefited from its own unique institutional advantages.On the other hand,the country's taxation policies in this area have also provided a lot of policy support and guidance for its development.However,compared with its own rapid development,China's tax legislation has not formulated special tax laws for limited partnership venture capital companies.The related tax legal systems are scattered in the "Partnership Enterprise Law","Corporate Income Tax Law","Personal Income Tax Law" and numerous local government tax regulatory documents.Therefore,due to the low level of tax legislation,the confusion of local tax policies,and its late start in China and the relatively weak economic foundation of China 's capital market,many tax laws exist in the theory and practice of limited partnership venture capital companies The criticism needs to be resolved.The purpose of this study is to clarify the development status of China's limited partnership venture capital enterprises,comb through the relevant tax laws and regulations,and point out the practical tax problems in practice.The theoretical obstacles and institutional obstacles faced on the basis of the problems found,further analyzed some practices and experiences in the development process of limited partnership venture capital enterprises in Western developed countries represented by the United States,trying to learn from their experience On the basis of the lesson,combined with the actual situation of the limited partnership venture capital enterprises in China,we provide some suggestions for its subsequent development and improvement,with the hope that under the new world economic environment,China 's venture capital enterprises can gradually become more mature and optimized.Development.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter uses simple language to analyze the value of venture capital enterprises of limited partnership to the development of innovative economy in China,and establishes the important position of limited partnership venture capital enterprises in China's financial system.A brief comparison of the tax burden between the two limited partnership venture capital enterprises,highlighting some of the tax burden advantages of the limited partnership system,and finally pointed out the current tax system problems of the limited partnership venture capital enterprise.The second chapter briefly analyzes the reasons for the tax law problems of China's limited partnership venture capital enterprises.The reasons for the tax law problems can be roughly attributed to three reasons:(1)the lack of a partnership tax system,and the current legislative level is low(2)The nature of income is not precise,and the concept of capital gains is lacking.The first part of Chapter three introduces the evolution of the tax law system of the limited partnership venture capital funds in the United States,and sorts out the tax policies and related regulations for the development of venture capital funds in the United States in different periods.In the second part,based on the summary of the development experience of the United States,it draws up its reference for the development and improvement of China's limited partnership venture capital funds;Chapter four is the last part of this article.Based on the combing and inspiration of the previous parts,I conceive and suggest the development and improvement of China's limited partnership venture capital funds.It is proposed that,while drawing on the beneficial experience outside the region,it should be combined with China's specific national conditions.Specifically,it includes the following suggestions:(1)Establishing a partnership-based venture capital enterprise tax law system to lay the institutional foundation;(2)Differentiating the nature of income and simplifying the capital gains tax system;(3)Preventing tax avoidance and unifying the venture capital tax system;(4)Provide a more efficient,stable and preferential tax system supply.