The Boundaries between Commercial Annuity Insurance and Tax Avoidance
Date Issued
2014
Date
2014
Author(s)
Chen, An-Ren
Abstract
In recent years, the other nations have faced global economic downturn, in addition to deepening unfair generation category, and also caused occupational categories opposition. Taiwan society is facing a low average salary workers, significantly prolong life and other issues. From level of the Constitution, the state should guarantee the basic right of the people, especially the elderly about special economic security section, which is the country''s social objectives pursued by the law vigorously. This thesis, analyzing from insurance business to plan for the future survival through personal care for themselves or survivor benefit, with tax concessions to its tax law, may be a policy direction that can be considered. Income Tax Law Article 4, paragraph 1, paragraph 7, Estate and Gift Tax Law Article 16, paragraph 9, the Insurance Law Section 112 (life insurance), section 135 (accident insurance), Section 135 of the three (pension insurance) are examples. However, the Income Basic Tax Regulations would be in accordance with currently existing under section 12, paragraph 1, section 2, which set up a declaration of death benefit per household annual NT $ 30 million or less free threshold credited. If the tax authorities speculate on tax avoidance with the substance of the principles of taxation, people would question whether there is life insurance payments tax-free function. In fact, real problems for the insurance benefits on tax law are insurance purposes. On the collection practices to identify the doubted tax avoidance, the insureds’ high age, the wholesale premium and their insurance motives, duration and insurance coverage , are factors concerned. Once fitting decided judgments, the authorities may deny the functions of the insurance contracts. On the conclusion of this article on the impact of the income tax, estate tax, or death of the insured and beneficiaries, we analyze that the existing tax preferences in insurance are too wide, and provide recommendations to inspect tax avoidance. Besides, we think the minimum living guarantee of premium deductions and tax-free insurance benefits belong to social purpose. To encourage the development of commercial annuity insurance and exclude doubts about tax avoidance, insurance death benefit shall be different between various beneficiaries.
Subjects
old age economic security
commercial pension insurance
tax preference
tax avoidance
the beneficiary
the minimum living allowance of deductions
tax-free insurance benefits
Type
thesis
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