Since the government has utilized a transfer income tax as a tool to control supply and demand by intervening in real estate speculation and real estate market, the basic principle of taxation is ignored and has been changed and revised frequently dep...
Since the government has utilized a transfer income tax as a tool to control supply and demand by intervening in real estate speculation and real estate market, the basic principle of taxation is ignored and has been changed and revised frequently depending on policies.
The past regulation (before December 31, 2006) set taxation policy of standard market price for gains on real estate transfer, but after January 1 in 2007 the taxation policy was changed into taxation policy of real market price to set actual real estate transfer price. Indeed, current taxation policy stated at 94 Article Protocol 1 of Income Tax Law that value of real estate transfer, according to the real estate (every house indeed that is land, building, and transfer of a right on real estate), follows actual real estate transfer price between the two people. However, if the actual transfer price is unclear or there is no evidence, Article 114 Protocol 7 of Income Tax Law states that ‘value of real estate transfer price or acquisition price could be decided by precedent transaction price, appraised value, conversion value, and standard market value’.
Researching the law regulations, if people have documentary evidence to confirm actual transfer price, taxation could be imposed to them based on the transfer gain according to the actual transfer, so that although people have increased tax burden there is not a problem in aspects of documentary taxation and actual taxation. However, another problem happens that if the taxpayers cannot confirm their actual transfer price, they have various disadvantages.
Also, the government changed assessment principles of transfer gain from standard market price to actual transfer price, and then transfer value has been increased very much, but there is lack of complementary regulations on acquisition cost to match the increase, so that it could bring unfair infringement of property rights due to excessive tax burden of taxpayers. Indeed, legislative improvement must be needed in the future.
Although there is no reason to apply different criteria to a deducted necessary expense when calculating taxable income of each tax law and another deducted necessary expense when calculating transfer gain of transfer income tax, it is true that since the government operates the transfer income tax in a political aspect the government has not conducted general taxation policy in the tax system.
Therefore, based on basic foundation of calculating taxable income of income tax, this study pointed out problems of necessary expense system and special deduction for long-term holding system that transfer income tax has and it suggests improvements.
First, although the government revised transfer gain of every real estate from standard market price to actual transfer price, taxpayers who cannot prove actual transfer price at acquisition time are only recognized of other necessary expense with rough deducted amount so that this study suggests improvements for the unreasonable system to meet equity with the other taxation systems.
Second, among taxpayers who have long-term possession of real estate, only some people who have a high-grade house out of taxpayers who have a house for a family can take special deduction for long-term holding up to 80%. This study suggests improvements because it is taxation equity that taxpayers who have long-term holding with the other real estate types can take special deduction for long-term holding up to 80%.
Therefore, although it is reasonable for the taxation authority to impose fair tax by evaluating taxation burden fairly in order to make a desired taxation system, it is difficult to assess economic ability of everyone precisely. However, unreasonable policies of the government should be improved to a favorable way for good taxpayers.