| Under the initiative of "One Belt and One Road" policy,overseas mergers and acquisitions by Chinese enterprises have increased gradually.However,due to the fact that Chinese companies in overseas face the tax environment is different from the domestic tax environment.The different tax laws and regulations have brought objective tax risks to enterprises.In addition,the company's overseas in the process of M&A and after the M&A will carry out more or less tax planning,including the construction of investment framework,fund raising,transfer pricing and so on.These operations will bring tax saving and they will also lead to subjective tax risks.Therefore,the ability to accurately identify and control the tax risks in M&A activities has become one of the key factors determining the success or failure of overseas M&A.This paper sorts out the domestic and foreign taxation policies related to mergers and acquisitions.It is based on the international tax planning,taking Y group,and Y is a typical tax case of Chinese enterprises' overseas mergers and acquisitions.Y is the research object.This paper is based on the tax perspective,we will deeply analyses tax risk at various stages of M&A.This paper focuses on two aspects: “What kind of tax risk is faced at each stage of M&A?” and “How does the company deal with these risks?” The study found that the tax risks of overseas mergers and acquisitions of Chinese enterprises mainly come from the two aspects of the company's own tax-compliance behaviors and the tax authorities' anti-tax avoidance investigations.On this basis,this paper proposes that enterprises can reduce the probability of tax risks by establishing professional tax positions or departments and enterprises.They also should pay attention to "Substance over Form Principle " when developing tax planning.The research conclusions provide some theoretical guidance for tax risk prevention for overseas M&A companies. |
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