International Journal of Frontiers in Sociology, 2024, 6(2); doi: 10.25236/IJFS.2024.060202.
Sun Jiayi
Shanghai University of Political Science and Law, Shanghai, 201701, China
Taxes are more special than other bankruptcy claims in the bankruptcy procedure because of their large amount and the main body of collection is the state, meanwhile, the bankruptcy law involves more legal problems due to its strong externality, and there are fewer provisions on the taxation of the bankrupt enterprises, which requires a complete legal system to match and connect with the bankruptcy law. Therefore, this paper focuses on analyzing and discussing the tax-related problems in the bankruptcy law, including the settlement of late payment and the settlement of newborn tax. It compares the relevant provisions of the tax law and the bankruptcy law, enumerates their legal conflicts and deficiencies, and analyzes the differences in their essential legislative concepts, and puts forward suggestions for the subsequent legislation and modification to fully take into account the particularities of the situation of the bankrupt enterprises, reasonably balance the interests of the state and the interests of the individuals, and appropriately limit the priority of the tax claims.
bankruptcy law, tax law, equitable discharge, tax preference
Sun Jiayi. Study on the Conflict of Tax Laws in Corporate Bankruptcy. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 2: 7-11. https://doi.org/10.25236/IJFS.2024.060202.
[1] Wang Xinxin. Desperate regeneration: the road to marketization and rule of law implementation of bankruptcy law [M]. Beijing: Law Press, 2022: 235
[2] Han Changyin. Study Report on Difficult Cases of Bankruptcy Law (2021 Volume) [M]. Beijing: Law Press, 2022: 184.
[3] Tang Yuanyuan, Wang Hong. Problems of Tax Claims in Bankruptcy Liquidation Procedures- Based on the Conflict between Bankruptcy Law and Tax Law [J]. Taxation and Economy, 2020(04): 63-70.
[4] Xu Yangguang. Research on Tax Law Issues in Bankruptcy Proceedings[J]. China Jurisprudence, 2018 (02): 208-227.
[5] Yu Dongsheng, Zhu Qing. Reduction of Priority Authority for Tax Claims in Bankruptcy: Theoretical Basis, Practical Basis and System Design [J]. Taxation and Economy, 2022(04):49-56.