• Title/Summary/Keyword: 실질과세

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A Study on the Improvement Method of the Capital Gains Tax in Korea (양도소득세 결정방법의 개선에 관한 연구)

  • Kim, Ju-Taek
    • Korean Business Review
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    • v.17
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    • pp.111-136
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    • 2004
  • The aim of this study is to review the improvement method of Korea capital gains tax according to the alienation of the real estate, and to suggest an improvement plan. The study has been carried out by reviewing the related literatures. Capital gains tax could be calculated either using the actual price of sale or the standard prices. Korea capital gains tax has been revised many times since 1975 when it was first enacted. Initially the actual price of sale was the default rule and the standard prices was allowed only exceptionally if the actual price of sale could not be detected. The actual price of sale rather than the standard prices should be used for determining the capital gains tax on the transfer. By doing so, the desired principles of taxation such as "principle of taxation on tax paying ability". In conclusion, the present capital gains tax of Korea should be improved in many aspects in order to promote income redistribution function and efficient allocation of resources.

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A Study on the Legislation of Each Nation for Taxes of E-Commerce (전자상거래(電子商去來)의 조세(租稅)에 관한 각국(各國)의 법제(法制)에 관한 연구)

  • Kim, Young-Joon
    • International Commerce and Information Review
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    • v.4 no.2
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    • pp.47-56
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    • 2002
  • 전자상거래의 과세문제 중 상당부분은 국제조세와 관련되어 있다. 그러나 국제조세체계는 우리의 의지만으로 되는 것이 아니며, 기존의 상거래 분야에서의 강국이었던 미국이 전 세계경제질서에 막대한 영향을 미쳤듯이 전자상거래 분야에서도 마찬가지이다. 세계경제질서를 실질적으로 주도하고 있는 미국은 힘의 우위를 바탕으로 on-line 거래는 물론 off-line 거래 분야에서도 점진적으로 무관세를 주장하는 입장이다. 자본의 순수출국과 순수입국의 중간자적 입장에 있는 우리가 대처할 방안으로는 미국만이 내세우는 분야가 있으면, 이를 전략적으로 OECD회원국들과 공동적인 보조를 맞춰 나가고, 반대로 우리의 국익에 도움이 되는 분야는 이를 적극 주장하여 다른 회원국들의 이해를 구하는 협상력이 필요할 것이다. 전자상거래와 관련한 조세문제에 대하여 가장 핵심적인 전제는, 전자기술의 진보 국제적인 합의 및 납세자의 협력이라고 할 수 있다. 제반 분야가 조성될 수 있도록 정부당국은 세심한 검토와 지원이 있어야 할 것이다. 그리고 국내 전자상거래 시장이 비약적으로 확대 발전하고 있으므로 과세제도 측면에서 보완해야 할 점을 찾아내어 과세누락을 최소화하여야 하며, 다른 한편으로는 전자상거래를 활성화시키고 촉진시키기 위해 세제 및 세정상 지원방안도 강구해야 할 것이다.

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A Study on the Relevance Between Investments Horizons of Foreign Investor and Book-Tax Difference (외국인투자기간과 회계이익-과세소득 차이 관련성 연구)

  • Kwak, Young-Min;Ji, Sang-Hyun
    • Journal of Digital Convergence
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    • v.17 no.2
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    • pp.73-80
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    • 2019
  • This study analyzed the relevance between investment horizons of foreign investors and Book-Tax Difference. To do this, we measured investment horizons of foreign investors as the investment-turnover of foreign investors. We use the sample of 3,025 firm-year Korea listed companies belonging to non-financial corporate sector during 2011-2016. The results of empirical analyses show that investment horizons of foreign investors has a negative relevance with Book-Tax Difference. This result indicates that the firm have a long-term foreign investors has a good Accounting Earning's Quality than the firm have a short-term foreign investors. This study is expected to provide useful information by suggesting the need for more incentive for the long-term foreign investors. And Our Study has a contribution that this study extended prior research on foreign investors by utilizing investment horizons of foreign investors.

A Study on the Classification of Income on University's Industrial Consultations (대학 산업자문료 소득 구분에 관한 연구)

  • CHEE, Seonkoo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.6
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    • pp.461-467
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    • 2020
  • Industrial consultation is a kind of personal service for companies. The Industry-Academic Cooperation Foundation sets up a consultation contract in which a professor performs the consultation as the person in charge. Recently, there is an issue regarding taxation of the consulting fee paid to the professor; in short, there is no standardized practice for the imposition of income tax. In this study, we examine the characteristics of industrial consultation and present an acceptable taxation rule based on related laws. First, it is not appropriate to regard consulting fees as wage income, considering that there is no employment relationship between the Industry-Academic Cooperation Foundation and the professor. Considering that the base consulting fee amount is the same as the invention compensation, according to accounting practices, and that an employee invention is apt to be derived in the consultation, it is reasonable that the consulting fee should be regarded as wage income similar to employee invention compensation. As treating the consulting fee as wage income could end up reducing industrial consultations, the government should amend the income tax law to include industrial consultation as a type of other income.

A Study on the SCC Arbitration Case - Quasar de Valores SICAV SA and others v. The Russian Federation - (국제투자중재에서 과세와 관련된 사례의 검토 - 러시아 유코스사(社) 사건을 중심으로 -)

  • Kim, Hee-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.45-58
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    • 2014
  • It is a well recognised rule in international law that the property of aliens cannot be taken. The question of whether indirect expropriation and government regulatory measures require compensation is an important issue in international investment law. Bilateral investment treaties and other investment agreements contain brief and general indirect expropriation provisions. These focus on the effect of government action and do not address the distinction between compensable and non-compensable regulatory actions. It is generally accepted that a state is not responsible for loss of property or for other economic disadvantages resulting from bona fide general taxation accepted as within the police power of states, provided it is not discriminatory. Yukos Oil Company is a Russian oil and gas company engaged in exploration, refining, and marketing activities. It is one of the largest oil and gas companies in the world. Yukos Oil Company has its production operations in Russia and markets its products in Europe. An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company on July 26, 2012. This has been the subject of several judicial proceedings and academic publications. This paper explores which circumstances do not lead to taxation amounting to expropriation. The author suggests that under the following circumstances, taxation would not amount to expropriation. First, taxation should be non-discriminatory. Also a lawful exercise of the taxation powers of governments would not amount to expropriation.

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A Study on the Taxation of the Clergy's Income (종교인소득 과세제도)

  • Kim, Kwang-Yong
    • Journal of Digital Convergence
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    • v.16 no.8
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    • pp.109-116
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    • 2018
  • This study examines legal regulations and major issues related to income taxation of religion in the income tax law enacted from 2018, and examines the right improvement method. The purpose of this study is to propose an improvement plan through the analytical review of the legal issues related to the income of religion in 2018 and the main issues of taxation. The results of this study are as follows: First, it is the best way to define religious income as a separate item in earned income. Second, it is the best way to apply the deduction system for earned income in the application of deductible expenses. Third, precise and transparent reporting on income of religious persons is required, and a measure should be enforced to impose withholding tax obligations. Fourth, in order to restore transparency and reliability of expenditure related to religious activities, it should be expanded to submit details of total income and expenditure of religious groups. This study provides practical implications for the related field research by providing the starting point and basic data of the discussion on the income taxation system of the religious person.

A study on The Problems and Improvement Measures of The Capital Gain Tax (양도소득세의 문제점과 개선방안에 관한 연구)

  • Kim, Beom-Jin;Jeon, Jung-Wook
    • Korean Business Review
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    • v.19 no.2
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    • pp.1-21
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    • 2006
  • The purpose of this study is to analysis of the policy and problems of the capital gain tax. So this study identified the problems in the tax system and the method, suggested some ideas that can be useful for reforming the current capital gain tax system. The followings are the concise of some ideas. First, government should adopt the housing market stabilization policy in the long-term period, not in the short-term period which depend on the financial market and the part of home supply. Second, determining the capital gains tax should be transferred to actual market prices system rather than based on the standard assessed prices by government through the nations. By doing so, the desired principles of taxation come true such as principle of taxation on economic substance, principle of taxation on solid foundation and principle of taxation on tax paying ability. Third, transaction taxes should be minimized in the aborting the property speculations and the stabilizing the actual market prices. Fourth, the system of non tax to the owners of 'one family, one house' should be excluded to the tune of principle of tax equity. By doing so, tax payers could be induced to pay taxes on a timely basis not commit to wrong doings. In conclusion, anti-speculation policy should be progressed in such a comprehensive and sustained way as to wipe out the psychology of expectation about the transfer gain's incomes.

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A Study on Regressiveness of the VAT Burden and Tax Equity (부가가치세 부담의 역진성과 과세형평성에 대한 연구)

  • Chae, Byung-Wan;Lee, Seong-Ju
    • Journal of Venture Innovation
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    • v.3 no.1
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    • pp.165-182
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    • 2020
  • This research shows solutions for relieving the reversibility of the VAT system, and the solutions will be reviewed with current issues about supporting welfare. The Followings provide practical implementing solutions for each issue. Since the VAT is taxed for all goods and services as a general consumption tax, it is efficient tax policy for resource allocation comparing to income tax. On the other hand, because of the reversibility of the tax burden is also treated as a non-effective tax system for fair taxation. Even it is a non-effective tax system, the VAT system takes the most portion from the total national tax. In South Korea economic system, it is hard to raise the VAT rate because the economic effects are tremendous. For the long-term, the possibility of increasing the VAT rate is unavoidable, considering the economy, society, environment and energy, and aging. Therefore, a variety of substituted policies for the reversibility should be covered once there is a conference for the increase in the VAT rate. This research provides foundational solutions by acknowledging the reversibility of the tax burden in terms of the effective value-added tax rate. The followings are four solutions. First, it is required to adjust the duty-free system for relieving the reversibility and expand the tax-free system as well as individual consumption tax items. Second, The relief of reversibility should be worked by imposing higher the tax rate for high-income people' goods and services. Third, the adjustment of the duty-free system could be considered due to relieve the reversibility of the VAT. Last, it is considered to adjust of the simplified taxation system because the simplified taxation system is seriously against the tax-transfer principles.

An Examination of Financial Feasibility and Redistributive Effect of Universal Basic Income (기본소득의 재정적 실현가능성과 재분배효과에 대한 고찰)

  • You, Jong-sung
    • 한국사회정책
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    • v.25 no.3
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    • pp.3-35
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    • 2018
  • This article critically reviews the arguments that deny the financial feasbility and effectiveness of universal basic income as an alternative to existing social security systems and makes some suggestions to design effective and efficient basic income schemes. Regarding the financial feasibility of universal basic income, I argue that replacement of the existing regressive tax expenditures with universal basic income without raising tax rates can effectively reduce tax burden or provide income support to a majority of people except the rich. Addition of basic income to the tax base and reduction of the number of beneficiaries of public assistance and the amount of cash payment for them can further help save money. Regarding the redistributive effect, I note that the targeting ability of the existing social security systems is not good and that "the paradox of redistribution" that universal-type programs tend to be more redistributive than selective programs applies to universal basic income as well. I demonstrate significant redistributive effect of a hypothetical revenue-neutral basic income scheme and reviews several empirical studies done in Korea and abroad to show that basic income can be more effective in redistribution than social insurances or public assistance programs. Lastly, I emphasize the need to construct a reliable tax-benefit microsimulation model to help researchers to study redistributive effects of basic income schemes and other taxes and social policies.

Analysis of Research Trends in Tax Compliance using Topic Modeling (토픽모델링을 활용한 조세순응 연구 동향 분석)

  • Kang, Min-Jo;Baek, Pyoung-Gu
    • The Journal of the Korea Contents Association
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    • v.22 no.1
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    • pp.99-115
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    • 2022
  • In this study, domestic academic journal papers on tax compliance, tax consciousness, and faithful tax payment (hereinafter referred to as "tax compliance") were comprehensively analyzed from an interdisciplinary perspective as a representative research topic in the field of tax science. To achieve the research purpose, topic modeling technique was applied as part of text mining. In the flow of data collection-keyword preprocessing-topic model analysis, potential research topics were presented from tax compliance related keywords registered by the researcher in a total of 347 papers. The results of this study can be summarized as follows. First, in the keyword analysis, keywords such as tax investigation, tax avoidance, and honest tax reporting system were included in the top 5 keywords based on simple term-frequency, and in the TF-IDF value considering the relative importance of keywords, they were also included in the top 5 keywords. On the other hand, the keyword, tax evasion, was included in the top keyword based on the TF-IDF value, whereas it was not highlighted in the simple term-frequency. Second, eight potential research topics were derived through topic modeling. The topics covered are (1) tax fairness and suppression of tax offenses, (2) the ideology of the tax law and the validity of tax policies, (3) the principle of substance over form and guarantee of tax receivables (4) tax compliance costs and tax administration services, (5) the tax returns self- assessment system and tax experts, (6) tax climate and strategic tax behavior, (7) multifaceted tax behavior and differential compliance intentions, (8) tax information system and tax resource management. The research comprehensively looked at the various perspectives on the tax compliance from an interdisciplinary perspective, thereby comprehensively grasping past research trends on tax compliance and suggesting the direction of future research.