Research On Mandatory Information Disclosure System For Tax Planning

On the background of international anti-avoidance,governments are exploring effective anti-avoidance measures.Mandatory disclosure regime is one of them.The regime has become a powerful weapon to prevent tax base erosion and profit shifting(BEPS)and to improve the transparency of tax information.Eight countries,such as the United States and the United States,have introduced the mandatory disclosure regime of tax planning,which has achieved good results in preventing the loss of tax revenue and improving the ability of tax collection and management,but at the same time,it has also noticed that there are problems in the system.OECD has proposed a series of action plans to deal with the problem of BEPS.Among them,Action 12 of BEPS Action Plan aimed at combating aggressive tax planning and called for recommendation regarding the design of mandatory disclosure rules of countries that have such rules.The final report was released in September 2015.The results report provides a modular design recommendations for countries to introduce mandatory disclosure regime.Most of our scholars suggest that we should take the opportunity of the revision of the law of the people's Republic of China on tax Collection and Administration to introduce this regime into our country.This system provides tax authorities with the early information of tax planning scheme,which is helpful to prevent the loss of tax revenue in our country,repair the loopholes of tax law and improve the efficiency of anti-avoidance of tax authorities.This paper attempts to use the mandatory disclosure regime in the United Kingdom and the United States as a reference,based on the OECD/G20 base erosion and profit shifting project mandatory disclosure rules:action 12:2015 final report,put forward some reasonable suggestions for introducing this regime into our country.In addition to the introduction,this article is divided into three parts:The first part is the theoretical analysis of mandatory disclosure regime.First,the concept and basic elements of the regime are introduced.And then analyze the theoretical basis of the regime.Further comparison with other disclosure initiatives,such as rulings regimes,voluntary disclosure and co-operative compliance programmes,etc.Their main difference is that mandatory disclosure is more widely applicable to obtain specific information on potential tax avoidance arrangements in the early stages of tax planning.The second part is an investigation of the mandatory disclosure regime in the United States and the United States and the action 12:2015 final report.First of all,it briefly describes the emergence and development of the British and American regime,and compares and analyzes the similarities and differences in the design of the regime between the two countries,as well as the problems existing in the regime,summing up the applicable experience for our country to use for reference.Then analyzes the OECD is recommendations on the design principles and the option for model of the regime,probed into its enlightenment to the establishment of this regime in our country.The third part is about the consideration of the introduction of the system in China.First analyzes the necessity of introducing this regime in our country.Then it analyzes the coordination with the current disclosure initiatives in our country,especially with the general anti avoidance relationship.Finally on the basis of the national conditions and learn from foreign experience,this paper puts forward some concrete suggestions on the construction of mandatory disclosure regime in our country.