讓渡所得稅의 租稅回避에 관한 硏究

양도소득세의 조세회피 문제를 연구했다.

Taxes are essential to the existence of a state because tax revenues finance the bulk of services that government provides. In resent years, the tax rate in Korea has been increased steadily. As tax rate increases, the propensity to tax avoidance has been spread broadly among the public. The present tax system, in the process of increasing tax avoidance, has often been the target of criticism because of lacking in balance and fairness in its overemphasis on maximum revenue raising to help finance strategic industries under the cause of economic development.

The Korean tax system had taken exploited as a tool of efficient revenue mobilization rather than improving equity of tax burden among tax payers since 1960s. The capital gains tax was introduced as a tool of policy through which the government tried to restrain real estate speculation. Its main mission was put on as an effective policy measure in restraining real property speculation rather than on its original function as a tax source from disposal income and means of income redistribution. Capital gains tax in Korea has been used to calm down estate dealing activities for the purpose of recovering the gains from estate speculation and capital gains.

But the regressiveness of tax rate deteriorated distributional imbalance and encouraged real estate speculation rather than discouraging it. In addition, economic efficiency could not be improved due to unbalance among various tax burdens. We have witnessed the most serious tax noncompliance in the case of capital gains tax out of all national taxes. The purpose of this study is to find out the primary factors that have affected the tax evasion for the present capital gains tax system, and then to attempts to propose an alternative measures to the reformation of capital gains tax system which seems feasible to implement and help improve equity among tax payers.

The efficiency issue has not be delved with comprehensive perspective because the main concern of the thesis was limited to the equity and tax evasion issues. During this a variety of literature survey was carried out: published research papers, tax data, government documents and so on. Also many judicial decisions involving tax evasions were analyzed. In order to get the map of perception regarding tax evasion, equity issues, tax imposition, technicalities of assessment, and various management issues, a survey has been done to the tax payers and government tax officials. The composition of this study is as follows.

With the introduction of this study in Chapter Ⅰ, in Chapter Ⅱ, we have introduced the concept of capital gains tax, tax evasion, and factors that instigate evasions of capital gains tax system. In chapter Ⅲ, we have taken look into the actual conditions of the capital gains tax. Real world of tax evasions has been analyzed with different angels. In chapter Ⅳ, we analyzed the survey done. Perceptions and behavioral aspects of the government tax officials, and tax payers were observed.

In chapter Ⅴ, we have examined various aspects of current problems of capital gains tax and presented policy devices to enhance equity of capital gains tax and effectiveness of handling capital gains tax system. In chapter Ⅵ, we have summarized the analyses done and come up with a policy recommendation. It is evident that the importance of taxing capital gains that are actually realized has been felt more prominently than ever before.

But the current system is unable to correctly estimate the exact extent of capital gains realized through real estate investment or speculation and absorb any excess portion as taxes: It is, basically, originated from methodological problem in determining the scope of the excess. Moreover, there are very complicated applicable rates and many exemption provisions under the current system which unsatisfactorily blind equity and objectivity considerations. And the dual structure of high tax and law applied rates have resulted in high non-compliance rate, bringing about a freezing effect on transactions and frequent tax deferrals.

Based on the analysis of the tax system, judicial cases, and survey results about the capital gains tax, the followings are proposed as alternative measures in improving the capital gains tax system. First, the object of a capital gains tax should be enlarged to curious, paintings, and writings. Especially, listed stocks that is excepted from taxation should be included in the object of a capital gains tax. Second, the actual traded-price system should be substituted for the standard price system. This actual traded-price system is based on voluntary compliance by taxpayers. The reasonable and scientific tax administration should be developed and enforced for the actual traded-price system.

Third, the tax rate system should be rationalized. The tax rate should be lowered. Furthermore, unbalance between an individual and a corporation has to be settled by unifying capital gains tax system and special added tax. Fourth, the special exemption system for long-time owners should be abolished, and the increase rate of actual wholesale price should be applied so that the compensation effect of inflation benefits becomes more realistic. Fifth, the system of tax exemption and tax reduction should be drastically reduced, and unified special deduction system should be introduced in order to realized equity and balance of tax.

But, in the case of circumstances beyond control, special deduction of taxation or the acquisition cost may be converted instead of tax exemption or tax reduction. In conclusion, the present capital gains tax system of Korea should be improved in many aspects in order to promote income redistribution function and efficient allocation of resources. Some measures seem urgent: the government should strengthen the financial and non-financial function of taxations, and should introduce the progressive tax rates, and capital gain system on the transactions of securities.