Residences of large cities in Korea are mostly constructed as common residential areas due to a lack of residential land, and although apartments are being reconstructed and redeveloped to improve residential environment from a city-planning perspecti...
Residences of large cities in Korea are mostly constructed as common residential areas due to a lack of residential land, and although apartments are being reconstructed and redeveloped to improve residential environment from a city-planning perspective without the need to secure new sites, regulations and interpretations related to accounting and tax laws on maintenance projects is not systematic or clear yet, and there is a lack of academic research on this topic. Therefore, proper interpretation and solution of the taxation problem of housing reconstruction and redevelopment are difficult and important problems.
This study aimed to review conflicting opinions and the interpretation and judgment cases of the taxation office based on major national taxation of the housing reconstruction and redevelopment maintenance project union, to extract problems and find solutions.
First, housing reconstruction and redevelopment projects are actually co-projects of union members, and the union is just a subjective taxation unit to calculate income, so the law treating the union as a corporation can be seen as a biased idea aimed at fairness of maintenance projects and smooth execution of projects, and the non-profitable corporation agenda in the taxation special cases limitation law can be understood as meaning income tax will not be imposed on houses distributed to union members, which is the original aim of the maintenance project. The pursuit committee before the establishment of the union is a non-corporate organization and general succession of the pursuit committee duties to the union and is seen as a "change of structure," and all stages from the pursuit committee to the added value tax taxation company should be made to register and deduction of purchase tax of added value tax and legal, transparent taxation handling should be lured to maintain uniformity with the union.
Second, original purchase price evaluation of land investments in kind of the union should be carried out by the union member in a manner that clearly shows the market price at the time of investment in kind, but realistically, evaluation can only be carried out through methods such as appraised value or public announcement price according to law, and the contents of a project is settled through project execution authorization, and the evaluated amount at the time of authorization can be seen to best reflect the market price, so considering the date of project authorization the same as the period of investment is most rational. Even if union establishment authorization date or trust registration date is seen as the date of investment in kind, according to law the investment evaluation amount has to be set as the value at time of project authorization, so a rational appraisement has to be acknowledged.
Third, additional distribution amount of union members is something that is inevitably created due to management and treatment planning because precise union member share equilibrium cannot be set according to standard land ratio, so additional share amounts of a union member due to management treatment planning should be seen as additional investments, and the range of "land and construction works that supply in substitution of former land" of the taxation special cases limitation law is seen as "the entire amount of residence and additional land price supplied to the union member according to the management treatment plan," and is excluded from the profit business of the union and subject of added value taxation, so the meaning of "former land" should be clearly regulated, legally.
Fourth, "reservation sales contract" in the construction business means a sales contract according to apartment sales method. In case benefits and losses can be drawn rationally annually for a long period of profit time, regardless of whether it was directly constructed or another construction company helped with construction, if it is reservation sales related to construction, it is evaluated as reasonable to regard profit according to the execution standard.
Fifth, subjects of added value taxation of residences such as people's residence over-capacity residences distributed to union members, the union, which is in the position of consumer, has to pay the taxes in the relationship between the union and construction, and in the relationship between the union and the union member, the union member, who is in the position of consumer and receives a residence that is taxable in the year should pay for taxes for a reasonable and non-deficient tax law.
Sixth, when calculating proportional distribution of purchase tax used in both taxation projects and non-taxation projects of the union, the sales tax of demolition of existing buildings can be deducted and should be included in calculation of proportional distribution. Purchase tax related to construction of new buildings is cost related to original construction price, and is therefore an idea of input cost of original construction price that occurs in ratio to building surface area, not an idea of profit and cost in ratio to the sales amount of the building. Therefore, proportional distribution should be calculated according to building surface area, and since purchase tax such as sales maintenance fees, etc., which are not direct original construction cost, correspond to sales, it is reasonable to divide according to supply price ratio.
Seventh, the housing reconstruction and redevelopment union is a non-profit organization and its liquidation earnings lead to a taxation problem of income from dividends of union members. The reason why the union is not charged with tax for its liquidation earnings is different from normal non-profit organizations. Therefore, it is not reasonable to exclude liquidation earnings of profit project parts from taxation, which has never been a subject of taxation, and taxation related to union members and profitable projects should be in the range of "subjective taxation unit that calculates union member income." so taxation of corporate tax on liquidation earnings of the union would be more reasonable than taxation as allotments of union members.
Eighth, there is a need for clear interpretation and legal regulation of the range of remaining assets of union members according to the taxation special cases limitation law on second stage tax duties of union members after dissolution of the union. In case delinquency in payment of the union occurs due to illegal actions of a union executive or other reason, the second stage tax paying duty of union members should be excluded to prevent asset violation of union members, and a method should be provided to prevent corruption and illegal actions of union executives.