• Title/Summary/Keyword: Tax Cases

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A case study on the exclusion of FTA application base on the processing operation of the rules of origin (원산지 규정의 가공공정기준에 따른 FTA 적용배제에 관한 사례 연구)

  • Se-Hyun Park
    • Asia-Pacific Journal of Business
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    • v.14 no.4
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    • pp.401-412
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    • 2023
  • Purpose - The purpose of this study is to analyze cases and suggest implications regarding the exclusion of the agreement tax rate according to the processing process standards of the FTA rules of origin. Design/methodology/approach - In this study, cases in which export and import companies were excluded from applying the agreed tax rate due to the application of processing operation standards after the application of the FTA were analyzed, focusing on the Tax Tribunal precedents, and a literature study was conducted. Findings - The results of this study analyzed through cases of appeal and verification of exclusion from application of the agreement are as follows. Research implications or Originality - Research on FTA cases is active, but this study is differentiated in that it focuses on analyzing cases of exclusion from application of negotiated tax rates based on meeting the processing process standards applied to fields such as textiles and chemicals in FTA.

A Study on Solutions to the Problems of the Current Tax Appeal System (조세심판청구제도의 문제점에 관한 개선방안)

  • Park, Sang-Bong
    • Management & Information Systems Review
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    • v.35 no.2
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    • pp.67-81
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    • 2016
  • The purpose of this study was to investigate lots of problems that the current tax appeal system has, which are becoming serious issues as tax appeal cases are recently increasing. Those problems include the unreasonable procedure and period of deliberation on tax appeal cases, permission of a same tax appeal by more than one governmental agencies and the compulsory transposition system of tax appeal cases. All of these problems should be rectified in order to ensure that the currently tax appeal system protect taxpayers' rights and interests effectively. According to the current tax appeal system, the period from the receipt of tax appeal cases to ruling on them is up to 90 days. This is unrealistic, so that period should be allowed to be extended if those cases about more complicated taxation or if they are even harder to be treated for any reason. At present, chief of Tax Tribunal has to unconditionally accept resolution from the meeting of tax judges and make a ruling accordingly because he has no right to reject that resolution. But now, it's time to establish legal grounds based on which the chief suggests the tax judges to reconsider their resolution if it is undoubtedly wrong. Currently, there's a relatively little acceptance of tax appeals from people who can't financially afford to designate a proxy for them. To solve this problem, lots of efforts to make socially recognized the necessity to relive those people's rights and interests and make widely known the Public Proxy of Tax Appeal System. The current tax appeal system allows the Board of Audit and Inspection to be an appealer. This means taxation may be deliberated on by more than one governmental agencies. It is so inefficient. Therefore, tax appeal by the board should be only about taxation that they found unacceptable by audit and inspection. Except for this, it is not allowed that the Board of Audit and Inspection file tax appeals that are, in turn, necessarily transported to the National Taxation. Esecially, the transposition should be a procedure that is occasionally taken. In sum, this study investigated problems with the current tax appeal system, and made suggestions about solutions that are not theoretical but practical.

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Effects of Stockholders' Secondary Tax Liability on Corporate Investment

  • JANGWOOK LEE
    • KDI Journal of Economic Policy
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    • v.46 no.2
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    • pp.1-20
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    • 2024
  • This study analyzes the impact of secondary tax liability borne by stockholders, an exception to the principle of limited liability, on corporate investment. The paper constructs a model of a firm to examine the effect of this secondary tax liability, finding that the violation of limited liability increases firms' expected bankruptcy costs, thereby reducing investments. By means of an empirical analysis, the paper examines whether firms with the largest shareholder stake exceeding 50%, the condition under which secondary tax liability is incurred, decrease their investments. The results show that firm investment is highly concentrated in observations of cases in which the largest shareholder stake does not exceed 50%. Investments decrease sharply in cases where the largest shareholder stake exceeds 50%. The results here provide implications pertaining to how exceptions of the limited liability principle, existing only in Korea, affect corporate investments.

Revenue Neutral Introduction of Carbon Tax and Double-dividend Effect on the Korean Economy (우리나라의 조세중립적 탄소세 도입의 이중배당 효과)

  • Lim, Jong-Soo;Kim, Yong-Gun
    • Environmental and Resource Economics Review
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    • v.19 no.1
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    • pp.45-80
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    • 2010
  • A computable general equilibrium model has been used to analyze the likelihood of double-dividend effect in Korean economy. Revenue neutral introduction of carbon tax through the reduction in payroll tax and corporate income tax had been experimented in this regard. Double-dividend measured by income shows the existence of weak double-dividend in both cases, while double-dividend measured by consumption level could not be found in case of carbon tax with corporate income tax reduction. A notable result is in the employment measured double-dividend effect as the sizable strong double-dividend effect were found in the case of carbon tax with payroll tax reduction.

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A Study on the Improvement of Capital Gains Tax Act through the Analysis of the Precedents of the cases of the lawsuit - Focusing on the transfer of inherited and donated property - (행정소송판례 검토를 통한 양도소득세법 개선방안 - 상속·증여받은 자산의 양도를 중심으로 -)

  • Yu, Soon-Mi;Kim, Hye-Ri
    • 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.

The Rate of Credit Card Payment for Private Extracurricular Education in Korea (보충교육서비스 요금의 신용카드 결제 실태)

  • 김혜선;김숙향
    • Journal of the Korean Home Economics Association
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    • v.42 no.3
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    • pp.119-130
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    • 2004
  • The purpose of this study is to estimate the rate of credit card payment for private education. The results of study can be used to improve credit card handling problems of private educational institutes, leading toward improvements in income transparency, increase in tax burden equity and long-term economic welfare improvement for individual households. 424 households out of 586 household that were surveyed in September of 2002 had 1,700 cases private extracurricular education. 67 of the 1,700 cases that did not have expenditure records were removed from the analysis. Only 3.67% out of 1,633 cases were paid by a credit cards and the amount of credit card payment were only 5.65% of the total amount spent for private education. The average fee of private educational institutes that allow credit card payment was higher than the fees of private institutes which don't allow a credit card payment or those of private institutes where consumers don't know whether a credit card payment was allowed. The average fee of private education paid by credit cards was 34,465.46 won higher than that paid by cash. Credit card payments to private educational institutions is an important social issue with respect to fair tax collection and tax burden equity since most private educational services operate in fairly small sizes and are offered by the self-employed, and the expense of private education is a fairly large proportion of the household income. It is also important for consumers if credit card acceptance expands alternatives that consumers can choose in private education. Therefore, credit card payment should be encouraged in private extracurricular education. To do this, private education providers should be forced to join a credit card payment service by the National Tax Service. A regulation that prohibits the refusal of credit card payments should be required, and credit card service charges of private education providers should be incrementally decreased. Also, consumer education and public promotions for credit card use instead of cash in paying for private education fees are recommended.

International Tax Avoidance Type and Tax Cooperation Between Nations (국제적 조세회피 유형과 국가간 조세협력)

  • Kim Dong-Bok
    • The Journal of the Korea Contents Association
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    • v.6 no.6
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    • pp.117-124
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    • 2006
  • Thanks to globalization and multi-corporations which have further created complex economic systems over the years, we are now experiencing new aspects of economic challenges as well. Any country abiding by law and order is required to have taxpayer's consent and cooperation upon levying taxes, however, taxpayers will resist or try to avoid paying taxes at all if they can. Particularly, it becomes easier for them to do by using tax haven wherever they we, and their endeavor is not likely to stop as long as they can. These kinds of actions have undoubtedly created tax loopholes which have in fact surfaced and brought to attention to many. Inevitably, each country aggressively pursuits to exchange tax information with others and cooperate each other Thus this study will look into various types of international tax avoidance cases and its root causes and focuses on ways to cooperate amongst nations. The study also suggests possible ways to develop and enhance international tax systems for all the parties concerned.

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Research on the Investment environment changes and the business tax and value added tax in China (대중국 투자환경변화와 영업세 및 증치세에 관한 연구)

  • Park, Sang-Seob;Shin, Jae-Yeol;Pyun, Marley
    • Management & Information Systems Review
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    • v.32 no.4
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    • pp.127-153
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    • 2013
  • The trend of China's industry has been changed from manufacturing industry based on cheap labor market to service industries gradually as a whole. The investment of Korean corporations toward Chines service industry is gradually being increased. The importance of Chinese service industry related taxations such as business tax and value-added tax are growing. This study, therefore, examines the changes of investment environment and does the business tax and VAT of growing importance in China. From the point of view that the taxation on services is mainly related to the business tax or VAT, this study, also, examines the changes of present condition of investment and corresponding trends of the Korean corporations, in accordance with the domestic investment environment changes tied to the business tax and the VAT in China. With regard to the business tax and the VAT, this study looks into their features and tax requisition and also makes comparison between them and VAT of Korea. This study examines the problems and situations from the cases of separation, integration and trial integration of the business tax and VAT, and also does the development direction of the above two taxation and the corresponding strategy of Korea and her companies The purpose of this study is to provide information about the changing trends of investment environment and the business tax and VAT and to present corresponding plan for the corporations advancing into China.

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A Study on the Simplified Taxation System in Value Added Tax Law (부가가치세법상 간이과세제도에 관한 연구)

  • Kim, Ju-Taek
    • Korean Business Review
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    • v.19 no.1
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    • pp.115-136
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    • 2006
  • Most countries that use a Value Added Tax(VAT) have exception for special cases with small enterprises who lack the ability to adapt in tax laws. VAT has been the most important tax. The simplified taxation system under VAT was introduced for small business taxpayers to perform tax liability easily and for government and taxpayers to get administrative efficiency by using a simple procedure. The present thesis suggests the conversion of simplified taxation system into general taxation as its improvement plan. That is, to abolish simplified taxation system, to convert it into general taxation and to apply the same tax base. The principle of fair taxation is not only important to realize tax justice, but also the principle of administrative efficiency important to increase the level of convenience for small enterprise taxpayers and efficiency for tax authorities.

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Ways of Improving the Method of the Apportionment of Alloted Resident Tax on Corporation Tax (법인세할 주민세 안분방법의 개선안)

  • Park, Sang-Bong;Yu, Soon-Mi
    • Management & Information Systems Review
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    • v.30 no.1
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    • pp.71-86
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    • 2011
  • The existing tax law provides that alloted resident tax on corporation tax is apportioned in accordance with the number of employees and total building area as of the end of business year. Through a case analysis, however, this study found that such apportionment is not applied to businesses whose operation was already withdrawn as of the end of business year. To solve this problem, the study proposed that the apportionment of alloted resident tax on corporation tax should be made in accordance with the number of employees and total building area in the middle of business year and a standard of corporation tax assessment, that is, sales assessed according to the value-added tax law. This proposal already proved to be reasonable by lots of actual cases that showed the realization of balance in taxation. To make more precise standards of the above mentioned apportionment, then, the study proposed that in the ordinance of the local tax law, 'as of the end of business year' should be replaced by 'in the middle of business year'. In addition, 'in the middle of business year' should be defined as 'in the period of continuous business' from the date of business end in the previous year to the date of business end in the present year and the length of the period should be calculated by month. These moves would bring more transparent and balanced local tax assignment than present under the local tax law.

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