기부채납자산의 부가가치세 과세문제

기부채납 자산에 대한 부가가치세 과세 문제를 검토했다.

Business entities which give contributed-acceptance assets (“CAA” hereafter) to national or local governments can construct buildings on the governments’ lands to make use of the buildings and, as a result, gain substantial economic profits. The feature of CAA projects is specifically distinguished in case of train station construction under public-private partnership and private-sponsored SOC constructions of several local governments. Despite the real-world significance of CAA projects, taxation on CAA is so unclear, due to ambiguous tax law provisions, that potential conflicts on interpretation of those provisions between taxpayers and taxing authorities are possibly feasible.

Specifically, value added tax (“VAT” hereafter) on CAA project, which is proportionate to the project size, is not prescribed in the VAT act and subordinate regulations, but decided based on private letter rulings and court cases. So, therefore, VAT taxation risks of CAA projects are very high. This study analyzes VAT taxation objectives, taxation periods, tax base and deduction of CAA project in addition to discrimination between CAA and contributions. Such issues are so frequently criticized for difficulties in the application of tax provisions that this study is expected to contribute as a useful material for tax study and practice.