부동산 양도소득세제의 개선방안에 관한 연구 - 비사업용 토지를 중심으로 -

비사업용 토지 양도소득세 중과제도의 문제점과 개선방안을 검토했다.

According to the Income Tax Act, a land for non-business is heavily taxed from the year of 2007. This aims to control real estate speculation and claw back the investment income earned by that. However, after the enactment of heavy tax system for a land for non-business, we have faced unexpected circumstances (i.e. depressed real estate market). In this paper, we analyze the problem of the current tax system on a land for non-business and discuss the way to improve it.

First, we view that the differential tax treatment for lands according to its usage is problematic because its purpose is not currently valid in that the current real estate market is dull, which requires the policy to revive it. Also, according to the economic analysis and relevant statistics, its original purpose does not seem to be accomplishable through the heavy tax on a specific land. Therefore, we suggest that the heavy tax system for a land for non-business needs to be abolished. Instead, in order to encourage people to use a land in a productive way, we propose to differently tax according to its holding period.

Second, even though we continue the current heavy tax system, we view that several improvements are required. Regarding the scope of a land for non-business, the current tax law takes a positive approach for some sorts of lands and a negative approach for the others. However, these differential approaches according to sorts of lands can infringe the equity in taxation. Especially considering the characteristics of heavy taxation, we suggest that lands for non-business need to be designated in a positive way. In addition, it is a problematic treatment that some lands located in the designated city are regarded as non-business purpose irrespective of its usage.

We argue that the principle of substance over form should be consistently applied without distinction. Finally, regarding the sanction that does not allow a special long-term holding deduction for a land for non-business, we view that it is problematic in that without the adjustment of inflation of prices, transfer income tax can be levied not only for capital gains, but also for acquisition costs. Thus, we argue that a special long-term holding deduction should be allowable whether a land is used for business or not.