Issues of current taxation system applied to foreigners who deal in domestic real estate were examined in this study. The study also considered the possibility of reasonable discrimination to limit foreigners' excessive investment in real estate in Ko...
Issues of current taxation system applied to foreigners who deal in domestic real estate were examined in this study. The study also considered the possibility of reasonable discrimination to limit foreigners' excessive investment in real estate in Korea. Eventually some improvement of the taxation system was suggested as a solution.
Under existing real-estate regulation policy of the country, not only those who want to invest but also those who want to actually reside often have difficulties in acquiring real estate. Loan regulations are mostly applied to native residents, and foreigners who want to receive the mortgage loan from domestic financial institutions are also subject to loan regulations such as LTV. On the other hand, if they do business with banks of their own nations or any other foreign banks and avoid domestic financial institutions, their fund raising might get easier compared to that of native residents mainly due to lighter regulatory pressure. For this reason the reverse discrimination against residents as well as domestic corporations has often led being issue. It should be taken as a matter of course that so far as non-tax aspect, such as loans, has limitations in regulating foreigners financial activities, a wide application of tax regulations may be inevitable to reduce foreigners’ demand of domestic real estate for investment purposes. In this connection, allowable limitations were considered with respect to the principles of tax equality and violation of tax treaties in case that a discrimination be imposed on foreigners to certain extent for policy purposes.
First of all, in case the taxpayer is an individual, heavy acquisition taxes would be an effective measure as a real-estate tax system for non-residents. When applying heavy taxation, the tax system should be designed to impose additional acquisition taxes on foreigners whose residence does not fulfill the definite period of time. The regulation would be effective especially on non-residents who acquire domestic real estate for investment purposes, not for real ownership.
The second feasible measure is to elongate the retention period for which the basic tax rate is applied to the disposal of real estate. According to this regulation a higher tax rate should be imposed on taxable real estates of non-residents who dispose them only after a short period of time without residing themselves. This could effectively check the intention of non-residents who are willing to invest in domestic real estate for short-term capital gains, not for the purpose of real residence.
The third one is to strictly apply the required documents, such as notarization by the relevant national embassy in order to prevent non-residents who own multiple homes from evading capital gains tax by submitting false documents such as no home in their home country.
The last improvement plan is to widen the scope of withholding tax obligation. This refers to an imposition of the withholding tax obligation not only on a corporation as a transferee but also on an individual. The imposition of withholding tax will occur simultaneously when transferee pay the income to transferor, which, in turn, should enable tax authorities to secure taxation on non-residents' real estate income. In fact, many countries, including the United States, have taken above systems imposing taxes on non-resident sourced income.
A plan to improve the real estate tax system for foreign corporations is to exclude rental businesses from industries excluded from the heavy acquisition tax of corporation in large cities and expand withholding tax obligation on foreign capital gains, and reduce tax benefits under the Restriction of Special Taxation Act on foreign investment companies.
The most effective and feasible regulation contributing to improvement in the real-estate taxation system for foreign-invested enterprises should be one that enables to create more added value and eventually to pour more capital benefits to the investment in high-tech industries and productive facilities that can contribute to the development of national economy. Even if real estate acquisition may occur within foreign investment zone, offered tax incentives should be reduced so as to minimize the taxation favor given to industries such as real-estate leasing business and trading services.
Those regulations suggested above as betterments are expected to accord with the Foreign Investment Promotion Act and eventually contribute to the stabilization of domestic real estate markets.