Research on Personal Income Tax System of Equity Family Trust in China
The situation in which positioning of intergenerational wealth transmission is unclear,and the trust tax system is relatively blank,makes the tax collection and administration practice for high net worth individuals biased toward tax levy and ignore the due process.If the trust conduit theory is integrated with the local trust practice un-der the"behavior theory",this core idea should be adhered to.Family trust is both civil and business,and the boundaries of its legal application are dynamic and open.From the tax neutral perspective,the paper compares trust,grant,inheritance and other adjacent systems,and confirms the principle of framework construction.To design the full cycle income tax system for equity family trust,it should be clear that the establishment stage of the trust is the free transfer of equity without paying income tax.As the holder and manager of the trust property,the trustee should perform the duties of withholding and remitting during the term of the trust.The beneficiary is a taxpayer who should file tax returns according to the law.On the basis of the existing tax law system resources,the trust legal relationship can operate orderly under the current tax law framework.
Equity Family TrustPersonal Income TaxTrust Conduit TheoryTax Neutrality
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