Taxes, including local taxes, which have the characteristic of invading the right of property, assume capitalism that admits individual's right of property. Capitalism has come into existence on the basis of three principles as its main conception. Am...
Taxes, including local taxes, which have the characteristic of invading the right of property, assume capitalism that admits individual's right of property. Capitalism has come into existence on the basis of three principles as its main conception. Among the three principles, the principle of free contract is a principle of modern law and an expression of private autonomy principle, which prescribing that since man can conclude contract freely in his social life and regulate his private legal relations in his own will, nation must not interfere in it. The principle of private autonomy includes the principle of free contract, the principle of free selection of contract party, the principle of free decision of contract contents and the principle of free selection of contract method. Therefore, the patterns of transaction vary according to the number of transaction. The auction system is one of transaction patterns as well.
The local tax levied on the basis of various transactions, as its base of taxation, is classified into circulation tax and its representative is acquisition tax. Together with registration tax and license tax, acquisition tax is an important financial resource of local government and receives the influence of real estate business most heavily.
When transaction and contract conclude and the remainder is paid, an acquisitor files his inquisition tax deliberation on the basis of the expenses spent in the inquisition of the goods as a taxation standard. However, in case of acquiring goods at auction, there is a little difference from ordinary transaction. In this study, the investigator examined the content and procedure of auction, together with the content and procedure of cancellation standard right and right analysis.
If a person is decided as a purchaser of the highest price and clears off the price of successful bid, he must file his acquisition tax declaration. Acquisition tax is a local tax levied on the basis of transaction practices. When a person acquired goods formally, he must file his acquisition tax declaration within 60 days, based on his practice of transaction. When a transaction is concluded by individuals' agreement and the relations of rights, existed in the goods, is agreed in advance between concerned parties and cleared off before the day of paying the remainder, there is no problem in filing the declaration of acquisition tax for the goods. However, in case of auction, goods are transferred without agreement between concerned parties and an acquisitor acquires the right of goods. In this case, the third party who successfully bid the goods can be confused at the time of filing the declaration of acquisition tax in relation to the scope of acquisition price. This confusion generates from the generation of acquired rights. So, in this study, the investigator examined acquired rights. In other words, the investigator examined the kinds of acquired rights and the scope of acquisition price, together with the conception of acquisition and the standard of taxation―the assessment amount of taxation subjects.
As to whether the acquired rights must be included in the standard of taxation or not at the time of acquiring auction goods, the investigator, via judicial precedents and so on, found out the fact that it had to be included in the standard of taxation. On the basis of this finding, the investigator examined the problems of clarification and objectification of expenses which were expected to be generated, when including acquired rights into the taxation standard of acquisition tax.
In order to improve the above problems systematically, the investigator presented a strategy of changing the initial date in reckoning for filing the declaration of inquisition tax and of directly prescribing inquisition expenses in the local taxation laws, in order to clarify the provision of local taxation laws. In addition, the investigator suggested the partial revision of standard document in order for the existence of inquisition rights to be confirmed and clarified at the time of issuing the certificate of clearing off successful bid price, one of procedures of auction.