中国的家族信托业务起步较晚,但发展迅速。然而,中国与家族信托配套的税收制度几乎空白,存在纳税主体不明确、纳税时点不明确、重复征税问题突出和信托收益没有征税依据等问题。税收问题影响着家族信托尤其是股权家族信托和不动产家族信托设立的积极性,严重阻碍着家族信托的发展。中国可以坚持以“导管主义”为主、“实体主义”为辅,构建家族信托税制。若坚持“导管主义”,在信托利益分配时征税,并附以累积罚则。
<<Family trust industry of China started later than others but bloomed in a rapid manner. However,the absence of corresponding taxation system led to ambiguity in subjects of taxation,unclear taxation timings,repetitive taxation problems and lack of taxation standards of trust receipt. Taxation problems affect the activeness in start-up of equity family trusts and real-estate family trusts,thus hinder the development of family trusts as a whole. Therefore,this article suggests China to adopt Catheterism in assistance of substantialism in constructing family trust taxation system;if Catheterism is persisted,government should apply tax during the appropriation of trust profits,along with accumulative punishments.
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