Research Of The Individual Income Tax Collection And Adminstration Systerm Of Natural Person Equity Transfer

Since the Third Plenary Session of the 18 th Central Committee,The General Office of the CPC Central Committee and the General Office of the State Council issued the "Plan for Deepening the Reform of the State Taxation and Local Tax Collection and Management System" which proposes to adapt to the trend of the increase of the proportion of direct taxes,the number of natural taxpayers and the management difficult,and to build the natural person tax management system which focus on the people with high income from many aspects,and to constantly improve the level of tax collection of natural persons in order to comprehensively promote the reform of the fiscal and taxation systems.With the rapid development of the market economy in our country,the capital market is increasingly active,the capital operation of natural investors and the investment behavior has appeared diversified development trends.In this process,the equity investment in the transfer of equity by natural persons is becoming more commonplace.In response to this situation,the State Administration of Taxation has successively issued relevant taxation policies and demanded that the tax authorities in all localities attach great importance to the tax collection and administration of the equity transfer of natural persons.The State Administration of Taxation also issued some documents on its collection and administration,and “ Notice on Personal Income Tax Collection and Management of Individual Non-monetary Assets Investment"(Announcement No.20,2015 of theState Administration of Taxation)(hereinafter referred to as Announcement No.20).However,due to the concealment as well as the complex of the equity transfer transaction,the tax collection and administration need further perfection.This paper combines two cases of equity transfer,analyzes the problems existing in the collection and management and puts forward some opinions on the further improvement of the tax collection and management of the equity transfer.The first part takes the case of "natural person shareholder pays less tax in the manner of equity pricing " as an example and analyzes how equity investment should be taxed when it comes to the policy of equity investment,especially how to withhold tax in case of no cash flow;This case also involves the gambling agreement,and through a brief analysis on the tax treatment of gambling agreement in the United States,Australia,it proposes to introduce the policy of tax collection and management as soon as possible that adapts to the China's capital market so as to adapt to this new financial model.Secondly,it analyzes the existing problems of tax declaration in tax collection and management from the aspect of taxpayer management and tax authorities.Finally,by analyzing the legal liability of taxpayers and withholding agents in the case,it finds that there is not enough punishment and restraint on natural persons in tax collection and managemet in our country.The second part,takes the case of "natural persons who transfer equity falsely report income in order to evade taxes" as an example,makes a brief analysis on the tax payment of transfer by installment as well as the time of tax payment obligations,and further refines and improves the related provisions.Secondly,whether the failure to declare constitutes the tax evasion when the tax authority is in the course of tax penalties,this part finds that the provisions of the tax administration law and the criminal law are qualitatively different on the basis of reviewing the policies.In order to comply with the development of the times,on the basis of understanding the connotation of tax evasion,article 63 and article 64 of the Law on Tax Collection and Management shall be amended as appropriate to better resolve conflicts existing in the application of laws.The third part through the analysis of the two cases mentioned above finds thatthere are still many problems existing in the current policies of natural person equity transfer management.First of all,the tax legislation,relevant regulations and policies need to be refined so as to gradually realize the legalization of collection and management.Secondly,in most cases,the tax authorities cannot understand the information of natural person's transfer of equity in the first instance.The reason for this lagging supervision is that the taxation department has a low degree of informatization and lacks a relatively complete supervision system of equity transfer.Therefore,it needs to accelerate taxation and supervise the change of share ownership from the source.Finally,the registration of tax information for natural persons,the tax declaration system,and the punishment and restraint mechanism for natural person taxpayers need to be further strengthened and improved.On the basis of collecting the works as well as the periodicals in relation to the topic,this paper mainly uses the literature research method and the case analysis method in order to have a comprehensive understanding of the current theoretical research as far as possible.Secondly,combining the cases of two equity transfers of natural persons,this paper makes an analysis on the problems existing in the tax collection and management of the current equity transfer reflected in the case,compares the current existing tax collection system of equity transfer in the foreign countries,and puts forward the suggestions for improving the current tax collection and management system in China.The innovation lies in the form of this paper,that is,the case analysis.From the cases,this paper finds the problems existing in the current tax collection and management of equity transfer and comes up with the corresponding proposals.However,the inadequacy lies in the fact that the author lacks taxation experience and can only analyze related cases.The depth and breadth of this study are inadequate.