Research On Anti-tax Avoidance Of Enterprises In Different Links Under VIE Framework

Since Sina’s listing using the VIE structure in 2000,the number of well-known enterprises listed on the VIE structure in China has gradually increased,the form of the VIE structure has gradually become complex from the basic standard model,and the main purpose of enterprises using the VIE structure to list has also changed.Initially,the main purpose of using the VIE structure to list overseas was to bypass the strict domestic regulations and complex procedures to attract foreign investment,but with the mature application of this model,the company turned its attention to international tax planning in an attempt to reduce its global tax liabilities through the VIE structure.Therefore,by discussing the basic model of the VIE structure and the complex model after the deformation,this paper analyzes the legal regulation and anti-tax avoidance practice involved in the three tax avoidance links of enterprises under the VIE structure,and puts forward corresponding countermeasures and suggestions for the anti-tax avoidance management activities of enterprises under the VIE structure in China.In addition to the introduction and conclusion sections,this article will be divided into the following four sections.The first part is the basic theory of anti-tax avoidance in the VIE structure.This section first introduces the concept of anti-tax avoidance and the concept of VIE architecture,then introduces the form of protocol control under the VIE architecture,and finally introduces the theoretical basis of anti-tax avoidance under the VIE structure.The second part is a case study of anti-tax avoidance in different links of enterprises under the VIE structure.This section makes a comparative analysis of the VIE structure of the overseas listing of Xiaomi Technology Co.,Ltd.and Beijing Qihoo Technology Co.,Ltd.,and summarizes the tax avoidance points of the three links under the VIE structure on the basis of the VIE structure of the two companies.The third part is the analysis of the problem of anti-tax avoidance in different links of enterprises under the VIE structure.This section starts from the legal regulation and tax practice of the financing link,the indirect equity transfer link of overseas listed entity C,and the profit transfer link,and analyzes the legal regulation and anti-tax avoidance problems in the three links.The fourth part is the countermeasures and suggestions for enterprises to combat tax avoidance in different links under the VIE structure.This part starts from the financing link,the indirect equity transfer link of the overseas listed entity C enterprise and the profit transfer link,and puts forward corresponding countermeasures and suggestions according to the anti-tax avoidance problems analyzed in the third part.