Research On The Legal Issues Of Individual Taxation Of Personal Equity Transfer In My Country

The individual income tax collection on individual transfer in China undertakes the general function of individual income tax,and at the same time has the derivative function of regulating market investment behavior.Up till the present moment,there are a lot of problems worth studying on how to realize the function and substantial justice of tax law for individual income tax on equity transfer,thereinto legislation is the origin proposition of the realization of the tax law.However,due to the fact that China's tax law has not been fully implemented,the normative tax documents of individual income tax on equity transfer play a specific role in the system construction,and there is a current situation that cannot meet the actual needs and take into account the source functions.Through the analysis of the current system,the function of the tax law,and the implementation of the current situation,the paper aims to explore the core problem,seeking a path in line with the justice of the tax law for the advancement of the individual income tax system of equity transfer based on the legislative principles of the tax law.The concept of individual income tax on equity transfer is inconsistent in semantic scope under current rules.In principle,the "income from equity transfer" of "individual" means "natural person" should belong to the category of "income from property transfer".The specific units of tax elements ofindividual income tax on equity transfer should be:object,ownership,subject,tax base,tax rate,occurrence time and special tax measures.The function of individual income tax on equity transfer should return to its natural state,that is,play the role of adjusting income distribution,macro-control,fiscal revenue,improving national governance capacity and regulating market investment behavior.The empirical case analysis shows that the current legislative model of individual income tax on equity transfer is unable to meet the practical and functional needs,which is embodied in the following aspects:imbalance of rights and obligations of formal taxpayers,uneven amount of tax base,invalidation of tax rate adjustment,time confusion and function dislocation of special tax measures.However,the absence of neutrality in China's individual tax system,the failure to effectively pay attention to the particularity of equity transfer and tax efficiency have always been considered as the primary factors in the system design.Based on providing a path in line with the justice of tax law for the legislative perfection of individual income tax on equity transfer,it is a rational choice to return to taxation principle and local resources.By comparing the functional choices of individual income tax on equity transfer in Britain,the United States,Germany and Japan,it is found that the german-japanese model is the most compatible with the current market environment in China.Based on the principle of quantitative taxation,the principle of tax collection economy and the legislative principle of balanced interests,and on the basis of selection anddebugging,the measures to optimize the overall structure of the individual income tax legislation for equity transfer in China include:(1)the displacement of the taxpayer in the implementation of the subject or obligation;(2)clarify the "profit and loss" of income items and the profit and loss of deduction items;(3)set differentiated tax rates according to the duration of equity holding;(4)lock in the time when the tax obligation occurs as the equity ownership changes;(5)to achieve the correction of special tax measures under the three standards of substance,technology and appearance;(6)assisted by the modified creditor's right doctrine of equity transfer,explicit equity value evaluation and the establishment of inter-departmental horizontal and vertical information sharing mechanism,to promote the organic unity and coordination of various systems,so as to achieve the realization of the tax equity mission carried by the individual income tax on equity transfer in China.