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Research On The Corporate Income Tax Regime Of Enterprises’ Debt Reorganization In China

Posted on:2019-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhangFull Text:PDF
GTID:2439330569996213Subject:Law
Abstract/Summary:PDF Full Text Request
In order to achieve survival and development,enterprises often optimize the allocation of resources through enterprise debt reorganization,which is one of the important ways for enterprises to accelerate development,enhance competitiveness and throw off the debt burden.From the historical point view of the development of enterprise debt reorganization,the enterprise development model and the means of enterprise debt reorganization are mutually dependent on the market economy,and the growth process of almost every large enterprise in modern society can not be separated from the external expansion of enterprise debt reorganization.At the same time,we should also realize that enterprise debt reorganization is an extremely complicated system engineering,an important form of corporate capital operation and an important measure for enterprise business strategy,and taxation is an important planning object that can not be ignored in enterprise debt reorganization decisions and implementation.In the view of some Western countries,the development of enterprises’ debt reorganization in our country has taken a short period of time,and the supporting enterprises’ debt reorganization laws and regulations are not perfect.According to the current normative documents of enterprises’ debt reorganization income tax,enterprises’ debt reorganization can adopt general tax treatment and special tax treatment under different conditions.However,there are still some problems in the stipulation of special tax treatment in the current enterprises’ debt reorganization income tax regime,which has caused a lot of inconvenience to the activities of enterprises’ debt reorganization.On the one hand,when enterprises carry out special tax treatment,Caishui “No.59” does not clearly define the composition of taxable income amount of enterprises’ debt reorganization,and it is not clear whether multiple debt reorganization businesses of enterprises can be consolidated and calculated,and there is no time limit for " temporary confirmation",which will bring a lot of inconvenience to both sides of debt and tax authorities.On the other hand,the corporate income tax regime of enterprises ’ debt reorganization in china for multi-step trading rules is too broad,which is not conducive to the management of tax authorities.Moreover,if the the activities of enterprises’ debt reorganization wants to meet the special tax treatment requirements,its access threshold is higher and its types are less,which hinders the enterprise from debt reorganization in financial difficulties to some extent.Therefore,to improve the corporate income tax regime of enterprises ’ debt reorganization in China,we should follow the principles of energy taxation,economic substance and tax necessity,and clearly encourage enterprises to carry out debt reorganization and anti-tax avoidance.In terms of institutional rules,we should clearly define the composition of taxable income amount of enterprises’ debt reorganization,define whether multiple debt reorganization businesses of enterprises can be consolidated and calculated,and stipulate the " temporarily unconfirmed" period.In addition,we can learn from the relevant provisions of the U.S.federal tax regime to refine the multi-step trading rules and broaden the types of special tax treatment.
Keywords/Search Tags:Debt reorganization, Corporate income tax, Caishui "No.59", Special tax treatment
PDF Full Text Request
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