• Title/Summary/Keyword: tax regulations

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A Comparative Study on Improvements of Non - listed Stock Valuation System of Advanced Countries (비상장주식가치평가의 국가별 비교연구)

  • Choi, Dong-choon
    • Journal of Venture Innovation
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    • v.2 no.2
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    • pp.127-140
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    • 2019
  • A stock valuation on the tax law is based on the valuation by market price. But, unlike the listed stocks, the unlisted stocks mostly have the unclear market price. Accordingly, it is necessary to calculate the fair value which corresponds to the market price. The purpose of this paper is to examine the appropriateness of the complementary valuation method in the Inheritance Tax and Gift Tax Act and to provide suggestions for improvement. This study is intended to provide the problems and solutions relating to the valuation of unlisted stocks through analysis of foreign legal systems and actual disputes. When the actual profit/loss data are used to calculate the net profit/loss value on the present regulations, it has the different weight on the latest 3 years' net profits and losses uniformly. Therefore, to extend the range of unlisted stocks valuation and to show the independent and high professionalism of appraisal council not the subsidy appraisal agency of the National Tax Service, it is necessary to change the current rule that the commissioner of the National Tax Service unilaterally appoints the private members into the method of public offering.

A Study on the Improvement of the Blind Zones in View of Safety Laws and Regulations for the New Multi­purpose Business (신종 다중이용업소의 안전기준 사각지대 개선에 관한 연구)

  • Park, Jongkeun
    • Journal of the Korean Society of Safety
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    • v.34 no.3
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    • pp.89-95
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    • 2019
  • Currently, the legal framework for installation of safety facilities has not been implemented for new multi-purpose business excluding 23 multi-purpose business types, and therefore, there is a high likelihood of large number of casualties in case of fire accident. At present, the new multi-purpose business can start its operation only with administrative actions of the licensing agencies and registration to the tax agency, and it is difficult that the fire department, which is a competent safety management department, makes intervention them in the same way as before. In addition, as the licensing agency has no authority to restrict the business due to insufficient implementation of safety facilities, a lot of civil complaints occur, which causes difficulties in changing concerned laws and regulations rapidly. In this study, it is considered to analyze the legal system, status of safety management of multi-purpose business, type of new multi-use facility and characteristics of fire risk. Based on such analysis results, this study will suggest the improvement plan to solve the blind zones in the safety management, which enables the multi-purpose business to be operated within the legal framework.

Current status of E-commerce market in China and implication (중국 전자상거래 시장의 최근동향 및 시사점)

  • Baek, Young-Mi
    • Journal of Digital Convergence
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    • v.13 no.1
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    • pp.111-124
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    • 2015
  • The economic growth in China takes the step of the Internet/Mobile revolution together. The high internet penetration provided the opportunity to increase the e-commerce market with fast speed. However, due to imbalance of the growth speed and preparation, the problems on various infrastructures and regulations were generated. Therefore, this study investigateed the current status of e-commerce market and sub-categories. This study also discussed about the problem of e-commerce logistics system, consumer protection, R&D investment, and human resources and provided the considerations for the future improvement. Finally, this study diagnosed the mobile payment and internet finance market and new e-commerce tax regulation, and then suggested institutional implications for the international standardization. This study is meaningful to provide the first implication to the Korean exporters after Chinese government had announced market open strategy for the 5 year e-commerce development plan.

Some Issues of the Border Adjustment Measures on Trade and Environment - with a special reference to the Border Carbon Tax - (무역과 환경에 관한 국경조치의 주요 논점 - 국경탄소세를 중심으로 -)

  • HONG, Sung-Kyu;KIM, Yong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.125-150
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    • 2017
  • Environment protection is one of the important political goals along with trade liberalization. Some of the institutions associated with it, however, either hinder trade or exert distorted influence and can arouse trade conflicts eventually. Therefore, harmony between environment protection and trade policy is becoming a crucial issue nowadays. Among the policies for environment, those related to climatic change are regarded as major tasks to deal with in the world commonly. Saying that it is for environment protection, advanced countries impose fines for environment protection on developing countries through border tax adjustments about the items imported from them. However, there is no such agreement about it internationally, so disputes often arise regarding what extent is appropriate as countries cope with it differently in their own way. Disputes about measures for climatic change are highly influential economically, and due to the severe conflicts of interests between states, they often tend to become politicized. Accordingly, we can say that such disputes affect international trade based on the WTO system seriously. When it comes to negotiation for climatic change, we should establish international systems urgently which can work fairly and effectively for all the countries joining in it. Therefore, it is important to examine the treatment of trade restriction measures intended to solve climatic change in international negotiations and establish definite conditions about which measures are allowed and which are not. In conclusion, we should devise rules for environment protection internationally which all the countries in the world can accept and agree on and also make the definite criteria of interpretation as well. Also, through those trade regulations, we should be able to accomplish environment protection globally and at the same time produce synergy, that is, economic growth through trading.

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The Effect of Ownership Structure on Transfer Pricing Decisions: Evidence from Foreign Direct Investments in Vietnam

  • TRAN, Quoc Thinh;TRAN, Mai Uoc;LUU, Chi Danh
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.12
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    • pp.183-189
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    • 2021
  • Transfer pricing is a matter of concern for countries. It affects the interests of the parties involved in the commercial transaction. Through manipulation of prices in transactions, businesses take advantage of tax rates in a country to adjust profits for economic gain. This affects the fairness and rationality of economic transactions between related parties. The article uses a two-year time series from 2018 to 2019 of 50 foreign direct investment enterprises in Vietnam. The article uses ordinary least squares to test the hypotheses of the research model. The article uses four independent variables related to ownership structure affecting transfer pricing decisions including total ownership, organization ownership, concentration ownership, and area ownership. Research results show that two variables have a positive influence on transfer pricing decisions including total ownership and organization ownership. Organization ownership has a higher degree of influence than total ownership. To be able to control transaction activities related to transfer pricing, Vietnam's state management agencies need to pay attention to perfecting the legal framework based on supplementing and amending regulations related to transfer pricing. Legal regulations need to be regulated based on international common practices to ensure uniformity on a global scale.

The Governance of Mineral and Coal in Indonesia: The Theory U Approach

  • MINDARTI, Lely Indah;SUJONO, Sujono;ZAUHAR, Soesilo;HERMAWAN, Hermawan
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.3
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    • pp.1417-1425
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    • 2021
  • The purpose of this study is to map mineral and coal (Minerba) policies by analyzing the law and producing research novelty on mineral and coal governance policies in Indonesia with the Theory U approach. This study uses a qualitative research with the U theory approach. The results of the SNA analysis indicate that good mineral and coal governance must be carried out at various levels, from micro to macro. First, related to regulations on mineral and coal governance at the macro level. Regulations regarding the management of mineral and coal need to be carried out with a deeper evaluation related to the tax system, licensing system, increased value added and downstreaming and mineral and coal funds. The second is related to the regulation of mining management in the meso level. Third, related to the management of mineral and coal at the micro level, it is necessary to conduct more stringent supervision of the impacts caused by the mining sector of the Minerba. In addition, surveillance is also carried out as per law in order to avoid harmful behavior for both the company and the state. The originality of this research is the theory of U in the Mining Law research.

Analysis of Carbon Emission Effects and Hydrogen Prices for Overseas Green Hydrogen Imports by Development of Green Ship (친환경 선박 개발에 따른 해외 그린수소 수입에 대한 탄소 배출 영향 및 수소 단가 분석)

  • DO-HYUNG KIM;YEBIN CHOI;JI-HYUN OH;CHUL HO PARK
    • Transactions of the Korean hydrogen and new energy society
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    • v.35 no.1
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    • pp.1-13
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    • 2024
  • Hydrogen is emerging as an essential material for carbon neutrality. In particular, Korea needs 22.9 million tons of imported clean hydrogen by 2050 to achieve carbon neutrality. However, a large amount of carbon is emitted during the import process, and market regulations are being discussed. This research estimates the carbon emissions of importing green hydrogen from Vietnam, Australia, and the United Arab Emirates to Korea, and calculates imported green hydrogen prices under carbon emission market regulations.

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.

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.

Environmental Regulations and A Monopolistically Competitive Market (환경규제와 독점적 경쟁시장)

  • Kim, Il-Chung;Choi, Mun-Seong
    • Environmental and Resource Economics Review
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    • v.15 no.2
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    • pp.247-267
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    • 2006
  • This paper formulates a monopolistic competition model by incorporating Leontief product function into Dixit and Stigliz model to analyze and compare the effects of two environmental policy instruments-fuel efficiency regulation and environmental tax-on a market which reflects characteristics of international vehicle market. As expected, both policy instruments raise equilibrium market prices. The effect of fuel efficiency regulation on firm output, the number of firms, and industry output, however, depends on three determinants-the increasing rate of the ratio of consumer expenditure to the income, the increasing rate of fixed cost, and the increasing rate of marginal cost. On the other hand, the imposition of the specific environmental tax reduces the firm output, but does not influence the number of firms. If these two instruments are assumed to lead to the same increasing rate of marginal costs, the environmental tax reduces the firm output as well as the industry output more than the fuel efficiency regulation. And it will induce more firms to exit the market than the fuel efficiency regulation if the increasing rate of the ratio of consumer expenditure to the income is larger than the increasing rate of fixed cost.

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