유사매매사례가액을 적용한 상속 증여재산 평가의 문제점과 개선방안 = A Study on the Issues and Proposed Improvements for the Valuation of Inherited and Gift Properties Using Comparable Sales Prices

다국어 초록 (Multilingual Abstract)

While the statutory period for determining the market value of inherited or gifted property has been extended to two years prior to the commencement of inheritance or the date of the gift, the heightened volatility of apartment prices in the Seoul metropolitan area has increased disputes between taxpayers and tax authorities regarding valuations based on comparable sales prices. This study analyzes Tax Tribunal precedents concerning special circumstances of price fluctuation and suggests measures for more rational adjudication.
An analysis of 66 Tax Tribunal cases between 2020 and June 2025 revealed that most appeals involved properties in the Seoul metropolitan area, where the apartment market experienced significant volatility, with inheritance or gift dates concentrated between 2020 and 2022. The overall acceptance rate for these cases was 21.2%, lower than the general average for inheritance and gift tax appeals. However, this rate rose to 28.6%～30.0% from 2024. Furthermore, the acceptance rate increased with longer gaps between the valuation date and the sales contract date, reaching 45% for intervals of 18 months or more. Additional analysis of price indices indicated higher acceptance rates in cases where the price index had declined.
To improve adjudicative fairness, this study proposes several measures. First, systematic data on various price indices and market trends must be provided. Since the burden of proof regarding the absence of special circumstances of price fluctuation lies with the tax authorities, their responsibility should be reinforced and formalized through the structured evidence reports. Additionally, the deliberation process of the National Tax Service’s Valuation Review Committee should be operated more substantively, with detailed results presented during the adjudication process. Finally, the study emphasizes the need to establish quantitative criteria for identifying special circumstances of price fluctuation.