In this research, on propriety of one drawn the taxation about the virtual money transactions which made an inquiry on problem that it appears in the issue in connection with the legal status setting of the virtual money for each item by transaction t...
In this research, on propriety of one drawn the taxation about the virtual money transactions which made an inquiry on problem that it appears in the issue in connection with the legal status setting of the virtual money for each item by transaction type and which it fits for the taxation purpose with each for each item was discussed.
Firstly, on range of many virtualization a kind of lungs that had the original functional explanation and that virtual money classifies on concept IMF Team and 'Virtual Currencies and Beyond : Initial Considerations' where there is the existing e-money and conceptual phase difference and which it can be hardly distinguishable was set. As to the existing virtual money and other point, because of being the bidirectional payment means of which the exchange is possible with the legal currency and having the technology of the block chain as the base, the certificate authority of the middle is needless and the P2P transaction is possible. As to the virtual money, because of being the sort of the personnal goods where there is no more than control of the government organization, the kind is much innumerably created. Moreover, it have the individual characteristic by the difference technical of the back in which many platforms are together applied and which has the characteristic of which the exchange is advantageous with the foreign currency in the payment besides the method or which has the characteristic in which the sending money speed is fast as the classification of the virtual money. But have any function based on the basic rule of the tax that it imposes on the place where there is the income than understands the detail technical difference as the tax law view in the form of the transaction and consider as the countermeasure in which distinguished one about whether there is the taxation actual profit is realistic.
Firstly, the part which it becomes by tax law issue in connection with the virtual money is the value added tax law. If it adds to the business listed due to the domestic income tax law system on enumeration principle among the business income or the income tax and transfer income tax method is included in the taxation object, the taxation is possible as the taxation object. And presently, there is enough the corporation tax law, the inheritance tax and gift tax law that taxation is drawn because the scope of assessment imposes the net benefit taxation as the comprehensive taxation. Only, because the propriety of the referred time and market price estimate is insufficient of time series data about the virtual money yet so far in calculating the tax point or taxation standard, the problem of the proper criteria calculation should be supplemented through the further study. When imposing the tax on value added, it is the legal status of the virtual money now to become a problem in the current most. It is simultaneously different from the existing virtual money with the payment means and is due to have the function as the investment asset that fertilization is hung on the legal status of the virtual money. Because it is difficult to define clearly as the define on taxation object of the value added tax law according to the transaction type, it considers as the current reasonable solution to interpret according to the taxation purpose and impose according to the transaction type. Moreover, it sees as that it is divided into the service and is being levied and it has to see as the intangible asset and the case which sees already the game money in which it became the value added tax law prize issue and on virtual money like the mileage as the goods and which it imposes in Korea is at the national. And the several countries proposed on appearance problem of the virtual money already and the tax law countermeasure was prepared and the taxation guidance was put out. There is no example it was the position it responded mostly according to the taxation system by on income tax law each country and which and the business income or amount was divided into the other income and which it imposes based on the original domestic tax law and which saw mostly as the assets in connection with the value added tax law and which exempted form and in which it admits as the legal currency. If it imposed already by Japan or Australia and case assets like Germany and sees to convert again to the duty-free, it has the propriety most to presently exempt form on the virtual money transaction. The problem, and etc. that the impediment goes to the development of the double taxation problem and original virtual money the concrete reason doing the world virtual money with the duty-free can be given. In the meantime, the linkage can be lost as the business income and other income or earned income and if the profitability or no and industrial classification division is realized, it will be able to have the solution. But the fairness of the taxation structure about the stocks of the basis or financial goods needs to be considered in the case of the capital gains. There was the unequal problem that it imposed on the existing major shareholder or unlisted stock and bond and related profit and didn't impose the general listed stocks or on minority shareholderses and instead, imposed uniformly in the form of the stock exchange tax and solves. Of course, it is in the process where it expands more and more the scope of assessment but there is the need that it has to reflect this direction to the virtual money in a certain degree. Moreover, it has the properer indication to see as the financial assets like the foreign country currency than it sees as the general contents according to one study. It can be the problem in American taxation system but the problem that it is the inequality of the capital business and ordinary trade purpose users of is taken notice and this suggests the objection. Moreover, the simple small business transactions has to report separately like the capital business in case of classifying that it is cumbersome and it becomes the report about the profit. It is caused by one that the report about the loss doesn't accomplish and there is to be irrational. This can think on the deficit carried forward problem about the problem corresponding to our country existing transfer of stocks difference loss. So, one which is on some capital business small sum or makes the concrete condition into the long-term period under the user back fixation condition of the purpose in which it invests like the case of Germany having the duty-free shop will be the reasonable way. Korea studies this many problems already in detail out of consideration for and it is desirable to consider the precedents which it moves to the practice and do the interpretation fitting for Korea taxation system and set the taxation direction.
In conclusion, it sees reasonable most to it sees as the financial assets among the assets so that the legal status can be identical with the world gone direction and exempt form. And because of having the direction and political characteristic associated with the other many laws to be always different from the civil law, the tax law should be together discussed on law presently related to the financial business. Because the business handled the virtual money is associated with the actual legal tender and it has the function like the financial business, actually it is due to be contacted with the foreign currency transaction law or electronic financial transaction regulations. There was the case which was unable to be included on law-related trade business that it remits to the foreign exchange and is contrary with the actual. Therefore, actually, it is the desirable to come in laws and regulations net way as the purpose of protection of the activation about the virtual money transactions and transactions users. Besides, the taxation standard estimate is seen as the problem of the taxation in terms of administration. Since there is on characteristic anonymity of the virtual money, in order to supplement this problem well, the coordination between the cooperation and each department and taxation material submission has to be made obligatory between the nation.
<Keywords> the virtualmoney, actualtaxation, transfer of stocks taxationofincome,and value added tax , subject of taxexemption