中国慈善税收减免制度的评估与展望——以慈善立法为背景的研究
On Legal Matters of Charities' Tax Relief and Exemption in China:Analysis on the Background of Lawmaking of Charities Act of China
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摘要: 对慈善给予相应的税收减免是各国通行做法,也是中国慈善实践中已经采取的举措。然而,由于相关法制的欠缺,慈善税制并不完善,中国现行慈善税制尚未充分发挥出应有的促进作用。基于对与中国慈善有关的现行税制规范进行全面梳理,客观评估现状,立足于兼顾慈善与税收间的平衡,回应慈善立法宜解决的税制问题,建议明确慈善监管部门与财税主管部门的监管职责与权力划分,并提出在慈善立法中如何规范税收优惠的立法建议。Abstract: Tax relief is an important measure to enhance charity in many nations. In China, there are already some reliefs or exemptions in tax system for charitable organizations, donors and beneficiaries. However, for the lack of higher and scientific law system and other factors,the incentive effect of tax relief is not apparent. The lawmaking of Charities Act of China is on its way to the legislative formally, which is a good chance for tax relief and exemption of charity. After comprehensive review of China's tax relief of charity, the paper suggests collaboration between charity and tax law systemand construction of a consolidated, normative and inclusive law system for tax relief and exemption of charity.