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Research On Information Disclosure System Of Tax Information Automatic Exchange In China

Posted on:2022-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZhangFull Text:PDF
GTID:2506306752985959Subject:International Law
Abstract/Summary:PDF Full Text Request
After being hit hard by the international financial crisis,in order to crack down on the international tax evasion of multinational taxpayers such as high net worth people and enterprises and maintain national tax sovereignty and security,countries have focused on the practice of international tax cooperation in the field of automatic exchange of international tax information.In recent years,the reason why the level of international tax cooperation has achieved such a breakthrough development and improvement is due to the unique advantages of the information disclosure mechanism of automatic tax information exchange to a certain extent.The routine and automatic exchange mode has promoted the perfection of the international tax governance system and improved the level of international tax cooperation.It is a milestone in the development history of global tax information exchange to crack down on illegal acts such as international tax evasion and evasion.The development and practice of the automatic exchange system of tax information in China need to overcome the shortcomings of many existing systems.For the first time,China lacks special laws and specific norms for the subject of information disclosure obligations,lacks an efficient voluntary disclosure mechanism of tax information,and does not stipulate the obligation to disclose the identity of bearer shares and nominal shareholders.Secondly,the performance standards and procedures of information disclosure obligations of third-party financial institutions in China are not clear,there is no unified tax related information disclosure standard and information provision time limit of third-party financial institutions,the due diligence procedures and information sharing mechanism of third-party financial institutions are not clear in the system,and there is an institutional conflict between tax information disclosure and personal data protection in terms of personal information protection.The relevant mechanisms and procedures for the protection of taxpayers' tax information are relatively general,which is not conducive to the protection of the private rights and interests of multinational taxpayers under the background of asymmetric tax information.The design of information disclosure system for automatic exchange of tax information has rich foreign experience and practice.Specifically,it includes the institutional experience of other countries in carrying out the automatic exchange of tax information disclosure and the practical operation of the automatic exchange of tax information disclosure system,including the abolition of the bearer stock system in the UK,the voluntary disclosure system of tax information implemented in the United States and the high-standard protection path for information disclosure in the EU.The foreign practice of the automatic exchange of tax information disclosure system has strong guidance,such as the practical operation of the automatic exchange of tax information disclosure system in the United States under FATCA and the system practice of the European Union under CRS.The automatic exchange of tax information and information disclosure system in the United States clearly standardizes the detailed institutional setting and exchange process of information disclosure,and plays an important role in the practice of mutual assistance in tax collection and management.The system practice of automatic exchange of tax information and information disclosure in the EU benefits from its unique organizational characteristics and institutional system.The advanced system practice experience of the EU is worthy of learning and reference by all countries.Based on this,firstly,China should clarify the basic principles of automatic exchange of tax information and information disclosure in the system,that is,the principle of limitation,the principle of interest balance and the principle of final value protection.The second is to formulate a special law with a higher legal rank-the law on the implementation of international tax cooperation,so as to improve the automatic exchange system of tax information in China.The third is to establish a voluntary information disclosure system,stipulate the obligations of disclosing the identity of bearer shares and nominal shareholders,and determine the performance standards and procedures of the information disclosure obligations of third-party financial institutions.Establish clear standards for information disclosure of third-party financial institutions,stipulate the operation procedures and the time limit for the provision of tax information,as well as the due diligence procedures and identity registration system of financial institutions.Fourth,strengthen the protection of personal data during the automatic exchange of tax information and information disclosure,formulate specific systems for the protection of taxpayers' rights and interests in tax related information,stipulate the notification procedures for taxpayers,clarify the confidentiality subject and scope of tax information,carefully review the information confidentiality ability of Contracting States,adopt a high-standard protection path for tax information,and clarify the confidentiality subject and scope of tax information,And formulate specific system guidelines for the relief ways of taxpayers' tax related information disclosure.
Keywords/Search Tags:Automatic exchange of tax information, Information disclosure, Bearer shares, Nominal shareholder, Information disclosure standards and procedures, Protection of tax related information rights and interests, Information confidentiality
PDF Full Text Request
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