Study On Tax Preferential Issues In Enterprise Bankruptcy Reorganization

The bankruptcy reorganization system is a parallel system of bankruptcy liquidation and bankruptcy reconciliation in the bankruptcy law.In recent years,under the central government’s policy of "more mergers and reorganizations,less bankruptcy liquidation",it has received more and more attention.Compared with the other two systems,the bankruptcy reorganization system has significant institutional advantages.The bankruptcy reorganization promotes industrial upgrading.While optimizing the allocation of resources,it is conducive to enterprises to continue to exert the integrated value of assets,and to ensure employment to the greatest extent possible.The basic rights and interests of the stakeholders of multi-party bankrupt enterprises are preserved.Since 2020,the new crown epidemic has broken out worldwide.Affected by this,the world economy is in a downward trend.The operations of many Chinese enterprises,especially export-oriented enterprises,have been greatly affected.In this context,the further advancement of bankruptcy and reorganization can be described as At the right time,different from bankruptcy and liquidation,the purpose of bankruptcy reorganization is to save those companies that are on the verge of bankruptcy and have hopes of regeneration,so that they can continue to exert their operational value.For a company that is on the verge of bankruptcy,the success of its reorganization benefits from the concessions of various stakeholders.Taxation,as a part of bankruptcy claims,is an important factor that affects the success of the reorganized enterprise toward the reorganization.In recent years,Chinese academic circles have extensively discussed whether tax authorities should apply preferential tax policies under the background of bankruptcy and reorganization.Most of the unified views believe that the priority of tax claims should not be applied to tax claims under bankruptcy procedures.It is reasonable to provide a certain degree of tax incentives.In addition,in practice,governments and tax authorities in many places have also implemented various levels of tax incentives in various forms of documents.However,the legalization of our country’s bankruptcy and reorganization tax preferential policies has stalled,and there are still many shortcomings in the existing tax policies.In this context,this article aims to start from the status quo,analyze and summarize,and provide some feasible suggestions for the improvement of the tax preferential policies for bankruptcy and reorganization enterprises in our country,so as to promote the bankruptcy and reorganization system to play a better role.In addition to the introduction,the content of the full text consists of four parts:The first part is an overview of our country’s corporate bankruptcy and reorganization system.By introducing three different reorganization models in the current theoretical and academic circles,analyzing the different reorganization forms and legal relationships under each model,combining them with several major taxes involved,and sorting out several types of taxes involved in the bankruptcy reorganization procedure The integration of the preferential taxation policies of China is used as the research basis of the full text.The next part is the analysis of current situation of the preferential tax policies for bankruptcy and reorganization in our country.After discussing the first part,presents the current state of our current insolvency relief tax benefits policy and analyzes the root causes of the problems associated with this policy,arguing that the root causes of all problems are primarily related to the conflict between the insolvency law and the philosophy of the insolvency law.and the fact that existing tax benefit policies do not respect the principles of tax legislation.The third part is the theoretical basis and practical exploration of perfecting our country’s bankruptcy reorganization tax preferential system.In terms of theoretical analysis,the author starts from the theories of sociology of law,law and economics,taxation zone theory,and the principle of competitive neutrality,and demonstrates the rationality of the application of preferential tax policies in bankruptcy and reorganization procedures and the principles to be followed.It provides theoretical basis and ideas for the following specific suggestions for improvement;in practice,through analysis and introduction of the government-court linkage mechanism explored by Wenzhou,it has brought enlightenment for the promotion of bankruptcy reorganization procedures in practice.The fourth part is the final goal of the writing for this article.It provides specific suggestions for the improvement of our country’s bankruptcy and reorganization enterprises’ tax preferential policies from the aspects of legislation,practice,and supervision.In terms of legislation,on the basis of recognizing the conflicts between the legal concepts of the bankruptcy law and the tax law,the author proposes a theory that can be used for reference in the field of law,and establishes a set of top-down,unified and differentiated bankruptcy restructuring under the guidance of the principles of tax statutory and other principles.Reorganize the tax incentive system;in practice,it has affirmed the value of the government-court linkage mechanism,and supported the further establishment of the concept of co-governance in the bankruptcy reorganization process.It is recommended to establish a bankruptcy trial co-disposal platform and establish a bankruptcy reorganization fund.The linkage mechanism has been promoted and determined for a long time.In terms of supervision,the author believes that no system should make supporting supervisory measures absent.It is proposed that bankrupt enterprises and tax authorities should be effectively supervised and restricted.