In an aging society, the parent generation has various demands to reduce the excessive tax burden while transferring real estate assets to the next generation and maintain control over the assets. This study analyzed the real estate generation transfe...
In an aging society, the parent generation has various demands to reduce the excessive tax burden while transferring real estate assets to the next generation and maintain control over the assets. This study analyzed the real estate generation transfer method using trusts as an alternative to meet these demands.
Methods such as ‘trust as subsitute for will’ and ‘trust with successive beneficiaries’ allow parents to design the transfer of wealth between generations without losing control over assets in the form of advance gifts. This study analyzed related tax issues and institutional shortcomings, focusing on the real estate generation transfer method using trusts, and suggested practical measures to improve them. Through literature review and case analysis, the study deeply examined the shortcomings of the existing real estate inheritance and gift method, the advantages and limitations of real estate profit rights conversion using trusts, and the tax advantages of the trust method.
This study concluded that the trust method has the following major advantages over the existing real estate generation transfer method. First, it can design a structure that allows parents to maintain control over assets even after death. For example, a testamentary trust can be designed so that the assets are returned to the spouse even after the death of the parents, and the assets can be ultimately transferred to the children. This process encourages children to use the assets according to the parents' wishes and prevents the disposal of assets against the parents' wishes. Second, when transferring assets in the form of trust beneficiary rights rather than real estate through a trust, various tax-saving strategies are possible depending on how the trust is designed.
This study closely analyzed the problems in the evaluation and taxation methods of the real estate generation transfer method using trusts, and proposed a plan to resolve the ambiguity and uncertainty of tax laws related to the evaluation of trust beneficiary rights.
Meanwhile, the shortcomings and limitations of the trust method were also analyzed. Due to the lack of legal regulations related to trust taxation, the method of handling taxes arising in the process of establishing a trust and transferring beneficiary rights may be unclear or conflict with existing tax laws. To address this, this study suggests institutional supplementary measures to clarify the taxation method, improve the criteria for evaluating trust beneficiary rights, and block the possibility of tax evasion through the use of trusts.
In conclusion, the real estate generation transfer method using trusts is evaluated as a flexible and efficient asset transfer tool compared to the existing inheritance and gift methods. Trusts provide the possibility for the parent generation to legally reduce taxes and smoothly achieve asset succession while maintaining control over assets. This study emphasizes the need for legal and institutional improvements for the effective use of the trust method, and through this, proves that trusts can be established as a practical and sustainable alternative for real estate generation transfer.