Daqi, Zhu; Zihan, Jiang --- "The theoretical basis and localization of advance tax rulings" [2019] ELECD 298; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2019) 56

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN: 9781788976732

Section: Chapter 3

Section Title: The theoretical basis and localization of advance tax rulings

Author(s): Daqi, Zhu; Zihan, Jiang

Number of pages: 24

Abstract/Description:

The first appearance of advance tax rulings in the Revised Draft of Tax Administration Law has attracted significant attention. As an international tax rule, the advance tax ruling is a written statement issued to a taxpayer by a revenue body that interprets and applies the tax law to a specific set of facts and is binding upon the revenue body. In the context of tax legislation in China, we should interpret advance tax rulings as personalized services that focus on the interpretation of tax law for taxpayers. The key to settling the controversies on the localization of advance tax rulings is to stick to the taxpayer-oriented principle and ensure the highest certainty for tax law applicability. Only by taking foreign experiences and native situations into consideration can we establish the advance tax rulings which are in accordance with China’s situation and the requirements of harmonious relations between taxation and tax payment.