Lately, we have witnessed the skyrocketing housing prices and in this course, the argument that the ownership of real estates should be more taxed has been raised. Meanwhile, in order to check the real estate prices, the government published a series ...
Lately, we have witnessed the skyrocketing housing prices and in this course, the argument that the ownership of real estates should be more taxed has been raised. Meanwhile, in order to check the real estate prices, the government published a series of real estate price stabilization polices: May 23 Housing Price Stabilization Measures, September 5 Reconstruction Market Stabilization Measures and October 29 General Real Estate Reform Measures in 2003; February 17 Pangyo New Town Anti-Speculation Measures, May 4 Real Estate Measures and August 31 General Real Estate Measures in 2005; March 30 General Real Estate Measures and November 15 Real Estate Market Stabilization Measures in 2006. These series of real estate policies have been stricter and stricter over time.
In this process, Compositive Real Estate Tax Code was enacted on January 1, 2005 and the compositive real estate tax was incorporated into the national taxes on January 5, 2005. And in the latter half of the same year, the real estate tax system was overhauled comprehensively. In the past, the land had been subject to composite land tax, while buildings had been subject to the local (city and county) property tax, but now, the land is subject primarily to the local property tax and secondarily to the national composite real estate tax, while houses are evaluated together with their sites to be subject primarily to the local property tax and secondarily to the national composite real estate tax, and commercial buildings are subject only to the local property tax, being exempt from the national composite real estate tax. Any reform of the real estate tax system should be preceded by experts'' hot debates because there are many variables. However, policy makers seemed to design the real estate policies hurriedly, omitting such procedures.
Thus, the compositive real estate tax has been the target of hot debates or criticism for its policy validity and effects. However, since the rate of real estate ownership tax is lower with the rate of real estate transaction extremely higher, it is deemed fair to raise the ownership tax rate to check the real estate prices, and in this regard, the compositive real estate tax seems to be valid.
The purpose of this study was to review the compositive real estate tax levied in addition to the local property tax and examine the foreign cases and thereby, reviewed the disputes surrounding the compositive real estate tax for its unconstutionality and unlawfulness. This study consists of the following chapters.
In Chapter II titled "Theoretical Ground of the Real Estate Ownership Tax System and Its Effects", the background and theoretical ground of the property taxes as well as the characteristics and nature of the real estate ownership taxes are reviewed together with the economic effects of real estate taxes.
In Chapter III, changes of the real estate ownership taxes in Korea are examined, and thereupon, the current real estate ownership tax system is discussed in reference to the foreign cases to find some insights for reform of our system.
In Chapter VI or core of this study, the main contents of the compositive real estate tax are reviewed, and thereupon, its legal nature and problems are discussed and thereupon, the reform measures for the compositive real estate tax are suggested.