Research On Legal Issues Of Data Asset Taxation

Under the background of digital economy,data has become a new key factor of production and is playing an increasingly important role in value creation.Data itself has value,which is not based on the derivative products or services of data,but becomes data assets because of its own value.Taxation of data assets is also one of the frontier topics in the field of digital economy taxation.The taxable nature of data assets in economy,law and collection and management makes it necessary to tax them,which objectively accelerates the pace of innovation and reform of traditional tax collection and management methods.At present,China’s tax legal system is based on the traditional industrial economy,mainly focusing on the value created in the process of production,circulation,distribution and consumption,but not enough on the characteristics and development trend of data assets,which leads to a significant tax gap between data assets and traditional production factors,resulting in unfair tax burden.At the same time,with the continuous expansion of the transaction scale of data assets,the tax loss of data assets is also serious.Therefore,as a data asset that can generate value and bring income and profit,whether it should be taxed,where it should be taxed,how to determine the tax base and tax rate,and so on,have attracted the attention of tax theorists and practitioners.This paper is a study of the legal aspects of taxation of data assets.Firstly,this paper introduces the current situation and trends of the formation and development of data assets in the context of digital economy,and analyzes the economic,legal and administrative feasibility of taxing data assets from a theoretical perspective.Secondly,from the perspective of VAT,we point out that the current ownership and allocation rules of data assets are unclear,and there are challenges in measuring their value,especially the difficulty in quantifying the value-added,and there are many difficulties in tax collection and administration,such as hidden tax sources,complicated subjects and conflicts of jurisdiction in the international context.The last part is the legislative concept of taxation of data assets in China.The last part is the legislative concept of taxing data assets in China.Data assets will generate value-added in the process of transaction,and such value-added is logically consistent with the VAT law.Therefore,it is necessary and feasible to provide a legal basis for taxing data assets by improving the VAT law.In the study,we will determine the nature and legal relationship of data asset transactions,establish the dual structure of ownership and usufruct of data assets and build a valuation system,design the elements of taxation for VAT on them,propose the improvement of the current VAT system,and innovate the tax collection and administration model.