Abstract

Family trust is an important innovation in the development of financial technology and digital economy. As an innovative method for family business wealth preservation, appreciation and inheritance, family trusts play an important role in financial markets and social safety nets. The healthy operation of family trusts is inseparable from a good tax collection and management system. This study is based on case analysis and international comparative law, combined with the particularity of family trusts, and analyzes the risks that may be faced in its income tax enforcement. The research found that the insufficient regulations of family trust policies make tax collection and administration face the risks of double taxation, tax loss, and high tax administration cost. Based on the substantive tax principles and the perspective of the sustainable development of family trusts, the research puts forward suggestions on the improvement of income tax collection and management in Chinese family trusts: The design of family trusts and taxation systems should insist on substantive taxation; combine the theory of trust conduit with the theory of trust entities; clarify the time, scope, beneficiary, and choice of accounting standards for family trust collection. In the era of digital economy, governments, enterprises, and educational institutions have formed partnerships to strengthen the education of family trust investors on financial, taxation, and digital economy requirements. Taking the sustainable development of family trusts as the starting point, build a new momentum and social safety net for China's economic and social development.

Highlights

  • According to the statistics of the “Hurun Wealth Report 2019”, the number of high-net-worth households in China is on a rapid rise, and the number of households with assets exceeding 10 million accounts for nearly 50%

  • Existing research provides important experience for family trust and income tax collection and management research: First, family trusts have the characteristics of property confidentiality, tax planning and bankruptcy isolation; Second, the construction of the tax system should follow a variety of principles, including the legal principle of taxation, the principle of tax fairness and efficiency, and the principle of substantive taxation; Third, China should clarify the taxpayers in family trusts and adhere to the theory of substantive taxation and family trust management

  • This article mainly adopts case analysis method and international comparative law to study the risk of income tax collection and management in family trust

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Summary

Introduction

According to the statistics of the “Hurun Wealth Report 2019”, the number of high-net-worth households in China is on a rapid rise, and the number of households with assets exceeding 10 million accounts for nearly 50%. In the practice of income tax enforcement of Chinese family trusts, the operational risk of double taxation is prone to appear. Existing research provides important experience for family trust and income tax collection and management research: First, family trusts have the characteristics of property confidentiality, tax planning and bankruptcy isolation; Second, the construction of the tax system should follow a variety of principles, including the legal principle of taxation, the principle of tax fairness and efficiency, and the principle of substantive taxation; Third, China should clarify the taxpayers in family trusts and adhere to the theory of substantive taxation and family trust management. Existing studies have found that: First, the operation of the tax refund mechanism is too complicated for the issue of double taxation; second, the taxation subject and taxation standards of Chinese family trusts can be further clarified. The research pays little attention to the integration and practice of Chinese family trust and income tax system, and seldom analyzes the tax enforcement issues in family trusts from the perspective of international comparison

Current Status of Chinese Family Trusts
Theoretical Analysis of Family Trust
The basic Connotation of Taxation of Family Trust
Analysis on the Issues of Income Tax Enforcement in Family Trust
The taxation Scope of Family Income Tax Needs to Be Clarified
Double Taxation and Unfair Taxation in Family Trusts
Tax Refund Mechanism on the Issue of Double Taxation
Legal System to Regulate Double Taxation
Suggestions on Improving Income Tax Enforcement in Chinese Family Trusts
Special Provisions for Family Trust Income Tax Are Added to the Trust Policy
Reasonably Adjust the Income Tax Time of Family Trusts
Tax Conduit Principle Promotes tax Enforcement of Family Trusts
Conclusion
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