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股指期货交易是以股票价格指数为基础资产的标准化期货合约。交易中双方当事人取得的收益和支付的费用将改变交易双方当事人的消费能力和投资水平,从而产生相应的税收后果,应当认定为应税所得。股指期货交易应当是以风险管理权为标的的买卖合约,其收益应当认定为“财产转让所得”。但由于当前财产转让所得的概念尚不能涵盖“风险管理权”这一新型财产性权利的转让收益,应有必要构建新的课税规则以确定不同交易目的的股指期货交易的纳税义务及其课税时点等问题。
Stock Index Futures Trading is a standardized futures contract based on a stock price index. The gains made by both parties in the transaction and the fees paid will change the spending power and investment level of the parties to the transaction, resulting in corresponding tax consequences, which shall be deemed as taxable income. Stock index futures trading should be based on risk management as the subject of the sale and purchase contract, the proceeds should be recognized as “property transfer proceeds.” However, since the current concept of transfer of property can not yet cover the transfer proceeds of a new type of property rights such as “risk management right”, it is necessary to construct new taxation rules to determine the tax liability of stock index futures for different trading purposes and The tax point and other issues.