Research On The Legal Issues Of Individual Tax Deferred Commercial Endowment Insurance

With the aggravation of aging population in our country,how to protect the aging life scientifically and reasonably has become a problem that every family and every person must think about.In 2035,the proportion of the population over 65 years old will exceed 20%,and the demand for elderly care will grow rapidly.Therefore,the establishment of a complete social old-age security system can not only solve the old-age problems that everyone is very concerned about,protect their own old age life,but also protect the stability of the country and promote the steady development of people’s livelihood and economy.At present,the only legal document in China on the commercial endowment insurance with deferred personal tax is the Notice on the Pilot Implementation of the Commercial Endowment Insurance with deferred personal tax,hereinafter referred to as the Pilot Notice.However,the Pilot Notice does not belong to the law,but only belongs to the normative document,and the legislative aspect is not perfect.Currently,tax deferred commercial insurance is paid by enterprises,which is actually applicable to middle and high income earners,but the tax incentives are small and the attraction is low.In low income person wage income did not reach cutoff point,cannot participate in this insurance purchase.Also exclude this part of person in intangible outside,cast insurance main body is not comprehensive;China’s individual income tax deduction is carried out in excess of the progressive system,if not regulated,it is easy to cause the "regressive effect",widen the gap between the rich and the poor,easy to cause social inequality;The pilot notice also does not stipulate the withdrawal mechanism and disciplinary measures.These problems are to be solved in the future implementation of the tax deferred commercial endowment insurance.In the past studies,researches on individual tax-deferred commercial endowment insurance mostly focus on economics such as insurance and taxation.This paper draws on the research results of the above disciplines to study the individual tax-deferred commercial endowment insurance from the legal perspective.This article first cohabitancy tax deferred model of commercial endowment insurance concept,clear tax deferred model of commercial endowment insurance pattern choice,the applicable objects and features,through the comparison of the income tax deferred type of commercial endowment insurance with other two kinds of endowment insurance relation and distinction between,explain the theory basis of tax deferred model of commercial endowment insurance,type of tax deferred commercial endowment insurance have a basic understanding;In China,there have been three trials of the implementation of tax-deferred commercial endowment insurance,among which,the first two failed,and the third failed to achieve the expected effect after the pilot.After comparing the three pilot programs,this paper seeks common points,and summarizes the problems in the pilot program in China,such as low legal rank,incomplete coverage of insurance subjects,possible "regressive effect" and fuzzy boundary of policyholders’ behavior.Then,it analyzes the legal provisions and implementation situation of the commercial pension insurance with deferred income tax in the United States,Germany,Canada and other developed countries,and summarizes the enlightenment for the development of the commercial pension insurance with deferred income tax in China.Finally,combining with China’s national conditions,the paper puts forward some suggestions,such as improving the legal status,expanding the insurance subject,implementing differentiated tax preferential mode and clarifying the insurance boundary of the actor,in order to provide theoretical guarantee for the commercial endowment insurance of tax deferral from the legal level.