Research On Taxation Law Of Digital Asset Transaction

Digital assets" represented by "Bitcoin" and "Dogecoin" have attracted wide attention worldwide since their birth.In recent years,the number of participants has shown an increasing trend and the transaction scale is extremely large.This kind of digital assets has the characteristics of decentralization,anonymity,financial attributes and so on,which brings severe challenges to national supervision.In terms of tax regulation,many experts put forward that if relevant tax policies cannot be formulated in time,digital assets will inevitably become a new form of "tax haven" or carrier of stateless income with the continuous popularization of digital asset applications.As the transaction of such digital assets is currently defined as illegal in China,the tax legal system for such emerging assets is almost blank.The international recognition of the legal status of digital assets is also different,resulting in different approaches to tax regulation.However,the practices of all countries reflect certain problems,mainly reflected in the fuzzy attributes of digital assets,unclear tax subjects,difficult to determine tax objects,and difficult to operate taxation methods,so that even if countries have established some tax rules,they are not specific,but still in the exploratory stage.This paper adopts the methods of literature survey,comparative analysis and legal dogma to study the legal issues of taxation on digital asset transactions.This paper first analyzes the legal attributes of digital assets through the definition of digital assets,attribute introduction and classification comparison,and then analyzes and explains the taxable items in the whole life cycle of its creation,transaction and disposal,and demonstrates the necessity and feasibility of taxation of digital assets.By comparing the definition of digital assets and the establishment of tax rules in foreign countries,this paper puts forward suggestions for improving tax governance in China.In addition to the introduction and conclusion,the paper is mainly divided into the following five parts:The first part is the general issues of digital assets,such as the concept,attributes and acquisition methods,as well as the status quo and transaction status of digital assets in China.By putting forward the concept of digital assets,the object referred to by digital assets and its special generation mode are clarified.In the aspect of introducing its attributes,it first analyzes its legal attributes,and compares and analyzes the differences and similarities between digital assets accounting classification,other intangible assets and legal tender.It also explains the way of obtaining digital assets,focusing on the status quo and transaction status of China’s digital assets,so as to find problems and solve problems.The second part introduces the necessity and feasibility of taxation on digital asset transactions.On the necessity of digital assets taxation,mainly from the perspective of tax fairness and improve the tax system,make up for a lack of tax law and so on Angle put forward a digital assets taxation is necessary,in addition,from the regulation of the tax law theoretically discusses the digital assets taxable,and from the Angle of theory of tax collection and administration of taxation,the feasibility of digital assets.The third part discusses the problems existing in China’s digital asset transaction taxation based on the actual situation and the necessity and feasibility of digital asset transaction taxation.There are two main problems: the first is the insufficiency of legislation on digital asset transaction,and the second is that the infrastructure of digital asset transaction needs to be further strengthened.The fourth part is the international practice of taxation on digital asset transactions.This paper mainly introduces the different views and practices of some countries in the international taxation of digital assets,and put forward the enlightenment of implementation of taxation on digital asset transactions in China.The fifth part is the suggestion of constructing the taxation legal system of digital asset transaction.Combined with the problems of fuzzy attributes of digital assets,unclear tax subjects,difficult to determine tax objects,and difficult to operate taxation methods,this paper proposes solutions and puts forward specific feasible suggestions if tax supervision is implemented.