Self-governance by local governments is in full swing in Korea. Against this backdrop, local governments are paying more attention than ever to securing local tax revenue to satisfy residents’ demand for administration services and public services, ...
Self-governance by local governments is in full swing in Korea. Against this backdrop, local governments are paying more attention than ever to securing local tax revenue to satisfy residents’ demand for administration services and public services, and to secure fund to operate self-government bodies.
The amount of acquisition tax, taking sizable portion of the local tax, is decided by tax report, not by tax imposition. Nevertheless, except for few cases where real purchase price is applied as tax base, one of the most crucial factors in calculating tax amount, on the ground that the reported tax amount is not credential, market price standard is applied as the lowest bar in applying tax base, allowing taxpayers to report tax based on market prices, resulting in violation of substantial taxation principle.
This study reviewed whether defining tax base of acquisition tax differently depending on subject and method of transaction violates fair tax policy or not, by looking at relevant cases and theories. As a result, the study came up with the conclusions as follows:
First, we need to devise regulations to ensure that real purchase price is applied first. The biggest cause explaining why tax base of acquisition tax is different based on who makes the transaction and how the transaction for the acquisition is made is the regulation that regards the purchase price upon acquisition as report price and sets market price standard at the minimum. This used to work well in the past when tax payers’ reports are oftentimes hardly credential. However, admitting tax report amount larger than market price standard in every case constitutes violation against fair tax policy. Regarding real purchase price as tax base and preparing penalties such as surtax for those who violated the regulation would make fairer tax system.
Second, I suggest making clear-cut definitions about real purchase price. Instead of corporation’s book value, verdicts, and the amount verified by the report in accordance with the Article 27 of the Licensed Real Estate Agent’s Work and Report for Real Estate Transaction Act, additional regulation should be prepared and included to the local tax law to calculate real purchase price correctly. This should help to decide tax base of acquisition tax based on the price lawfully viewed by the local tax law. This is also expected to uphold principle of fair tax policy and remove violations against fair tax policy by preventing change of tax base caused by other tax laws or tax payers themselves.
Third, I suggest making clear-cut definitions about incidental acquisition costs. According to the current regulation, accidental costs should be included only when real purchase prices are applied. In this case, all the payment, including direct costs and indirect costs made to the other party or the third party in order to fulfill the acquisition before the acquisition is made should be included. On the contrary, the Supreme Court ruled that if it is not about the acquisition, but about the rights of the acquisition, thereby it is not about the price of the acquired object itself, payments for the acquisition made or confirmed before the acquisition shall not be considered as purchase price. This ruling recognizes payments directly relevant to acquisition only as tax base. This ruling caused a large gap in understanding about expenses for acquisition between tax payers and taxation subject. Also, taking note that there is emerging issues regarding whether to include all kinds of recently established allotment costs into tax base or not, clear definition is necessary for the local tax law’s regulation over accidental costs for acquisition. Some cases listed below describe where to make efforts to narrow gap between taxation subject and taxpayers.
Forth, due to nature of real estates, every transaction has different price, and it should be admitted that there is no transaction price in gratuitous transactions. Therefore, complementary evaluation method should be used for gratuitous transactions of this kind because they do not have purchase price. As of traditional complementary evaluation method, market price standard itself does not reflect the real value of the acquisition and fails to reflect its economic value. Considering multiple issues including those, additional evaluation method should be developed by borrowing concept of quasi-transaction or through other ways. Additionally, previous complementary evaluation method based on market price standard should be revised so that it is identical with the national tax code.
I hope this study’s findings to unify tax base of local tax, and ultimately contribute to fair tax policy.