Research On Individual Income Tax Policy Of Individual Shareholder In Special Reorganization

Under the background of complex international economic environment and intensified competition,many domestic enterprises have achieved the goals of turning losses into profits,backdoor listing and enhancing the competitiveness of the industry through mergers and acquisitions.With the prosperity and development of the reorganization market and the diversification of the types of shareholders,more and more market subjects participate in the reorganization of enterprises.Among them,the figure of natural person shareholders appears more and more frequently in the reorganization.However,in the process of natural person shareholders participating in the enterprise rstructuring,the tax treatment for natural person shareholders is not the same as that of corporate shareholders,which can choose special or general tax treatment.Natural person shareholders can only choose general taxable treatment even if they meet the precondition of special tax treatment.Such tax regulations lead to some problems encountered by individuals when participating in reorganization.If they do not pay attention to the existing problems and solve them,they will eventually hinder the reorganization.Taking the case of construction machinery merger and acquisition of Tiancheng Machinery as an example,through the study and analysis of the case of M&A,this paper points out that natural person shareholders face the following problems in the special reorganization at the present stage:the continuity of equity dose not match the limited deferred tax,the income form investments is comfirmed in advance,the tax policies are out of step,the unfair tax burden of different shareholders' identities,etc.,and puts forward some solutions to the above problems,such as coordinating the reorganization income tax policy,natural person shareholders are allowed to apply special tax treatment,and strengthening the supervision of individual equity transfer.So as to further improve the individual income tax policy,give play to the guiding role of tax policy in restructuring,and release the reorganization dividend.