The capital gain tax as a means of checking the real estate speculations has been disputed for its validity. In particular those advocating the theory of income-based tax argue that the theoretical ground for the capital gain tax is weak, opposing the...
The capital gain tax as a means of checking the real estate speculations has been disputed for its validity. In particular those advocating the theory of income-based tax argue that the theoretical ground for the capital gain tax is weak, opposing the capital gain tax. Moreover, the capital gain tax has been conceived as a tax conducive to real estate policies and tax revenues. Such a conception becomes clear, considering that the capital gain tax was introduced primarily to check the real estate speculations. Therefore, the capital gain tax would be likely to be reformed for the policy logic rather than for a tax theory. If any policy judgement should be mistaken, various problems would follow. So, it is necessary to approach the capital gain tax and suggest its alternatives from such a policy perspective.
The purpose of this study was to address the problems of the capital gain tax as a mechanism of checking real estate speculations and suggest their solutions. The principle of effective taxations should be applied without question. The only problem must involve the timing of its application. Nevertheless, as the real estate prices skyrocketed nation-wide, the actual real estate transaction price report system was introduced in 2007, earlier than expected, and thereby, composite real estate tax and capital gain tax rates were raised drastically against the non-business real estates.
However, it is questionable to apply the high rate (60%) of tax to the non-business land, while excluding any exceptions for the long ownership and adding 40% rate to those who have not honestly reported to tax office. So, this study examined such problems causing people's resistance to tax as exclusion of any financial cost deduction at the stage of acquisition and possession of real estates. It is also necessary to keep the principle of retroactive taxation prohibited by preventing the non-business real estates from being taxed, while preventing citizens' property rights from being infringed upon by higher rate of tax exceeding the private interests. This study addressed such problems and suggested their solutions.