부동산 신탁 관련 재산세 및 부가가치세 검토

부동산 신탁과 관련한 재산세·부가가치세 쟁점을 검토했다.

This thesis reviews the real estate tax and VAT issues on real estate trust. (1) Recently, the Local Tax Law revised the tax payment obligator of trust as trustee from truster. Trust companies have been objected on that tax revision, because it is not conformable to the Conduit Theory of trust and can generate several inconvenience to them. (2) Regarding trusts which have collateral function, tax authority interprets the VAT law as follows. ① When actual controlling power is transferred to beneficiary, VAT will be imposed to truster, ② When trusted properties are sold out, VAT will be imposed to beneficiary. Such interpretation, however, loses fairness comparing with mortgage.

This thesis concludes (1) regarding real estate tax, it is not desirable to revise tax obligator again, but it is necessary to levy joint and several liability for real estate tax to truster, (2) regarding VAT, it is necessary to consider fairness on taxation between mortgage and collateral trust, and based on that consideration, we can conclude the transfer of real controlling power is irrelevant with VAT taxation and truster only can be taxed when trusted property is sold out.