This paper analyzes the current housing-related tax system from the perspective that housing is a fundamental living space and an essential condition for a happy life. The Korean housing tax system is structured to impose a heavy tax burden on housing...
This paper analyzes the current housing-related tax system from the perspective that housing is a fundamental living space and an essential condition for a happy life. The Korean housing tax system is structured to impose a heavy tax burden on housing as part of measures to prevent real estate speculation. However, this deviates from the original purpose of taxation, which is to secure fiscal revenue, and may unduly infringe on the rights to pursue happiness, freedom of residence and movement, and property rights guaranteed by the Constitution.
To address this issue, this study examines the constitutional rights applicable to housing, reviews the taxation system for the acquisition, possession, and transfer of a single household's primary residence, and derives policy implications through international comparisons with tax systems of major countries.
Additionally, through major decision cases of the Constitutional Court and the Supreme Court, the study identifies problems in the taxation regulations for a single household's primary residence and suggests improvement measures.
Following Chapter 1's introduction, Chapter 2 analyzes general taxation theories on housing taxation, while Chapter 3 compares and analyzes related systems in advanced countries. Chapter 4 examines the legal definitions related to the primary residence of a single household and proposes improvements. Based on these improvements, Chapter 5 presents a rational taxation system, including full tax exemption and expanded income deductions. Chapter 6 summarizes and concludes the study.
As an improvement measure for the taxation system of a household's primary residence, this study proposes that the concept of a household should encompass both legal and de facto marriages (excluding same-sex marriages due to moral controversies). This recommendation considers the principle of substantial taxation and changes in family composition, such as the increase in single-person households.
Regarding the criteria for defining housing, the current Korean tax law applies the principle of substantial taxation, thereby extending the concept of housing beyond the definitions provided in official records such as the Housing Act. This broader interpretation includes officetel (studio apartments in office buildings) and residential accommodation facilities as taxable housing units. Consequently, many households find themselves classified as owning two residences, thus disqualifying them from tax reduction benefits stipulated in tax laws. To address this issue, this study proposes adopting the concept of housing as defined in official records when applying tax laws. It is worth noting that the concept of housing in these official records should also be revised in consideration of Supreme Court precedents.
Furthermore, controversy may arise in determining the primary residence when an individual owns multiple properties. The significant price disparity between properties located in Seoul and those in other regions could potentially lead to unfavorable tax consequences if a residence in a provincial area is designated as the primary residence. To address this issue, this study proposes utilizing criteria such as the center of living relations and the basis of living to determine the primary residence. This approach aims to provide a more equitable and accurate assessment of an individual's primary residence for tax purposes.
As improvement measures for the taxation system of a household's primary residence, as defined above, this study proposes several options. These include a full tax exemption for the primary residence, a substantial increase in income deduction amounts, and the application of a low, single proportional tax rate in accordance with the principle of universal taxation. These proposals aim to alleviate the tax burden on primary residences while maintaining the fundamental principles of universal taxation.
In conclusion, the taxation system for primary residences of actual end-users must be designed to avoid infringing upon constitutional rights while minimizing tax burdens in consideration of economic and living communities.