The Predicament Of Estate Tax Legislation In China And Its System Construction

This article analyzes the basic theoretical issues of Estate Tax,conducts a comparative study on countries that have inherited Estate Tax and further enriches the study on the theory of Estate Tax,so as to provide a solid theoretical basis for the introduction of Estate Tax in China.At the same time,combining China’s national conditions,national income and the distribution status,this article will study the development history of China’s Estate Tax system and analyze the predicament of the current collection of Estate Tax,thus develop a design for China’s Estate Tax system,and put forward suggestions for improving the supporting system.First of all,the relevant theories of Estate Tax are introduced.Estate Tax is a tax on the property left after the property owner’s death.As for the nature of Estate Tax,it should be property tax,and direct tax.Here introduces three types of estate taxation model(the general Estate Tax system,the divided Estate Tax system,the general--divided Estate Tax system).Second,through the introduction of the representative countries of the United States,Japan,and Italy for the three types of taxation models,the paper discusses those specific concepts and systems in the three countries that are worth China’s reference and concepts are proposed from the scope of taxation,the choice of taxation mode,and the types and grades of tax rates.Third,the paper introduces the centennial development history of China’s Estate Tax,and discusses the legal basis of estate taxation.Analyzing the cultural difficulties,avoidance issues,inadequate registration system for personal property and the lack of evaluation mechanism appearing in the estate taxation in China and issues existing in Draft are raised,including excessively high tax rate and excessively low exemption.Finally,in light of China’s economic and social development trends in the future,the paper proposes that the Standing Committee of the National People’s Congress separately formulate Estate Tax Law,determines the adoption of the general Estate Tax system,and designs the elements of taxation.and puts forward the improvement of registration system for personal property,evaluation system,and related supporting systems for avoiding tax evasion so as to increase the feasibility of the Estate Tax levy.