• 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.

• 주택과사람들
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• s.206
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• pp.104-105
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• 2007

공익사업용으로 수용되는 특별한 경우<기준시가 적용>를 제외하고는 올해부터 양도소득세를 계산하는 경우에 실지거래가액을 적용한다. 실지거래가액으로 앵도소득세를 계산하는 경우에는 부동산을 취득하는 시점부터 관련 증빙자료를 꼼꼼히 챙기고 보관해야 세금을 추가 부담하는 일이 없다.

• 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.

• Management & Information Systems Review
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• v.38 no.4
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• pp.61-78
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• 2019

When calculating gains from transfers of assets inherited or donated, the value recognized at the market price as of the date of inheritance or acquisition is recognized as the actual transaction value at the time of acquisition. However, Precedents for the appeal for review by the NTS, the request for adjudgment by the Tax Tribunal(TT) and the request of examination by the Board of Audit and Inspection of Korea(BAI) and the cases of the lawsuit have not shown a consistent results on how much such a the actual transaction value will be measured. This study investigates the operating state of the current tax appeal system using the statistical data of the TT, NTS, and BAI and cases of the lawsuit from 2008 to 2017, and suggests the Improvement of Capital Gains Tax Act on the transfer of inherited and donated property. As a result, total number of requested cases has diminished because cases of the pre-assessment review and the reconsideration appeal by the NTS have decreased steadily over the past decade, while the cases of the lawsuit and the administrative trials(the request for adjudgment by the TT, the appeal for review by the NTS, and the request of examination by the BAI) have been steadily increasing. Also This study found that more than 40% of the complainants proceeded with the cases of the lawsuit proceedings in disagreement with the disposition of tax dissatisfaction under the administrative trials. In addition, Even though the retrospective appraisal price is not recognized as the market price due to the strict interpretation of the tax regulations, it can be seen that it is interpreted as a more expanded concept in the application of the market price than the government office or the tax judge. Therefore, according to the precedents of the cases lawsuit, it is necessary to establish a regulation on the recognition of retroactive appraisal value.