资本弱化税制改革之ACE制度研究

A Study on ACE: One System in Thin Capitalization Tax Reform

ACE是资本弱化税制中最重要的制度之一,其基本理念是通过允许股权资本的机会成本像负债利息一样,从税基中扣除,从而在根源上消除企业由于负债和股权的税收待遇差别而进行资本弱化的动机。ACE具有反避税和避免双重征税、税收中性等理论价值,对国家和纳税人都有一定的积极意义。虽然ACE尚未被大多数国家所采纳,并且还面临几个关键技术因素的考量,但是,鉴于现行主流化资本弱化规则所存在的缺陷,ACE正日益受到理论界和实务界的关注。因此,ACE必将在曲折中发展,从而极具研究价值。

ACE is one of the most important systems in thin capitalization tax law. Its fundamental idea is allo- wing the shareholder＇s fund opportunity cost to be deducted from tax base, just as same as the interest expense can, so as to eliminate enterprises＇ thin capitalization incentives derived from the different tax treatment between debt and equtiy. ACE have many theoretical values such as anti-tax-avoidance and prevention of double taxation as well as tax neutrality. Also, it has positive meanings both for countries and taxpayers. Although this system is not adopting by most countries in the world and it is still facing many chanllenges from some key technical fac- tors. In consideration of the defects existing in current main stream thin capitaization rules, ACE is being more and more interested to theorists and practices. So we have reasons to believe that ACE will inevitably to develop despite twists and turns. Accordingly, its gTeat research values is worthy of concern.