Research On The Tax Treatment Of The Gambling Agreement In The Acquisition Of Enterprise's Equity

In today's society,enterprises are facing fierce competitive pressure in the capital market.In order to get sustainable development ability in the long run,listed companies must improve their core competitiveness and innovation ability as the foundation,and constantly broaden the business channels of enterprises.Mergers and acquisitions are favored.In the process of investment,enterprises are often faced with the problem of information asymmetry due to a variety of factors,which brings huge restructuring risk to enterprises.In order to reduce the risk of M & A,the equity purchaser and the equity transfer often reach a gambling agreement on the operating performance of the target company.A bet agreement is an agreement reached by an enterprise for future events.If it achieves the agreed business performance,it will be rewarded.If it fails to fulfill the agreed commitment,it will make compensation for the commitment.According to wind's statistics on the gambling agreements of Listed Companies in recent years,we found that the number of gambling agreements of listed companies increased year by year from 2015 to 2018,reaching more than 1500 in 2018.In 2019,due to the significant asset restructuring of listed companies,the number of gambling agreements also decreased in 2019,but it also reached more than 1200.In addition,we can find that in the case of signing a gambling agreement,most of the cases involve the treatment of supplementary consideration,which will bring about related tax problems.Due to the current tax treatment policy on the gambling agreement is in the blank stage,In view of the lack of relevant legal and administrative provisions,there are different ways of dealing with them and there is no uniform Caliber.By the analysis of the gambling cases of listed companies shall refer in this paper to relevant legislation.Firstly,this paper expounds the relevant theory of tax treatment of gambling agreements in the acquisition of capital and the current situation of tax treatment of gambling agreements in the acquisition of capital in China,specifically introduces the connotation of gambling agreement,the tax nature and the influence mechanism of gambling agreement on the income tax treatment of equity transfer,and makes a general analysis on the income tax treatment of equity acquisition in China,which is used to guide the tax treatment of gambling agreement At the same time,it summarizes the tax treatment of gambling agreement adopted by different enterprises in practice.On this basis,combined with the specific case of W listed company's acquisition of J traffic leasing company,the selected case has certain particularity.In the general merger and reorganization cases,the target company's performance is generally promised by the acquired party.If it is not completed,the acquired party will give cash or equity compensation to the acquired party.However,this case is just the opposite.The performance of the target company is promised by the acquirer.If it is not completed,the buyer will compensate the seller,and no third party makes a promise again.This form of gambling is not common in practice.This paper makes an in-depth analysis of the tax treatment of both sides,verifies the rationality of applying the "step-by-step transaction rules" to tax treatment from the perspective of "step-by-step transaction rules",and makes an extension analysis combined with the case enterprises.It makes the tax treatment methods of the gambling agreement more abundant.Finally,the paper summaries the problems that exist It enriches the tax treatment of gambling the tax agreement and outlines the corresponding counter-measures.It is hoped that China's tax legal system can comply with the trend of economic development,and constantly improve,It is very important for businesses and the country to improve tax policy on gambling agreements as quickly as possible.