Research On Tax Planning In Enterprise Merger And Reorganization

Starting at the end of the last century,has happened some big wave of mergers and acquisitions,with the rapid development of economy in our country in recent years,in the capital markets are beginning to appear many m&a transactions,mergers and acquisitions has become a means of most companies achieve strategic objectives,through mergers and acquisitions these companies can quickly into a new industry,in the short term to achieve the optimal allocation of resources,the enhancement enterprise's overall benefits and increase in the competitiveness of the market economy.Merger and acquisition activities will be accompanied by the generation of tax burden,and the company will bear different tax amount under different merger and acquisition schemes.If there is a huge amount of tax payable in a merger and acquisition transaction,and there is no reasonable tax planning plan so that the tax burden can be deferred,it will bring great burden to the enterprises of both sides of the merger and acquisition,and even affect the normal conduct of the merger and acquisition transaction.Therefore,it is helpful to make tax planning for enterprises' mergers and acquisitions and reduce the tax amount of such ACTS to improve the success rate of mergers and acquisitions.The main method adopted in this paper is the case study method.First of all,the research on tax planning of mergers and acquisitions by domestic and foreign scholars is summarized.On the basis of this theory,combined with the relevant laws and regulations that have been issued in China at the present stage,the tax-related links of mergers and acquisitions are taken as the main line,and the tax planning methods in mergers and acquisitions are obtained.On this basis,taking the real case of huading's acquisition of tongtuo technology as the research object,this paper applies the theoretical method to the practice,calculates the corresponding tax savings of each tax-related link,and points out the possible risks in the planning process.Finally the author summarizes the research conclusion of this article,mergers and acquisitions is a tax planning the overall train of thought to m&a tax related links as the main line,in each link to choose a suitable method for planning,first of all,when choosing target enterprise should be guided by the development strategy of acquiring firm,combined with the company whether to enjoy the preferential tax policies or loss company to select target,to help enterprises play a synergistic effect of m&a;Secondly,in the link of capital contribution,we should fully understand and apply the conditions and requirements of "special tax treatment" of enterprise income tax,reasonably design the equity payment ratio of the acquirer,and realize the purpose of deferred payment of enterprise income tax.Thirdly,in the financing process of merger and acquisition,the most appropriate financing method should be selected in combination with the company's relevant financial indicators.On the premise of not increasing the company's financial risks,the debt financing method should be selected as far as possible to obtain the tax credit effect of loan interest and reduce the corporate tax burden.Finally,in the integration link of merger and acquisition,the company should consider both dynamic and static aspects,weigh the advantages and disadvantages of setting up subsidiaries and branches in specific cases,and choose the better one so that the enterprise can realize the optimization and integration of resources.Second,the planning process requires relevant personnel to review the overall situation and pay close attention to the possible risk points and avoid them.The possible risks include policy risk,operational risk and one-sidedness risk.After that,this paper briefly describes the limitations of this paper,which is manifested in the timeliness of this research due to the constant changes of tax laws and regulations.