Since acquisition tax ratio of property tax and acquisition tax that are a basis of local tax was lowered on August, 2013, its weight as fund procuring means of local governments has been further increased.
According to an announcement data of MOI, ...
Since acquisition tax ratio of property tax and acquisition tax that are a basis of local tax was lowered on August, 2013, its weight as fund procuring means of local governments has been further increased.
According to an announcement data of MOI, collected amount of local tax in 2015 was KRW71trillion that was increased by KRW9.3trillion (15%) compared with 2014 and it showed increasing rate over 10% for 2 consecutive years followed by increase of 14.8% in 2014 compared with previous year. When observing by each major tax items, acquisition tax, property tax and registration/license tax were KRW20.8trillion, 9.3trillion, 1.7trillion, respectively that was increased by KRW4.4trillion, 500billion, 300billion compared with previous year.
Recently, as house trading volume of apartment, multi-household house was increased along with economic recovery of real estate business, acquisition tax, registration/license tax were increased and local acquisition tax was increased by a great deal as corporate income was increased. In particular, as property taxation ratio of local tax is high (46.6%), it was represented as an increasing effect along with real estate business recovery.
In case of residential real estate among local tax, its system has been gradually arranged in regulation of taxation standard assessment and notification system, objection procedure and handling process based on enactment of "law of real estate price notification and appraisal" in 2005. Contrary to this, market value standard price that is tax assessment standard of non-residential real estate acquisition tax causes serious unbalance in fair taxation and tax assessment equity due to lack of proper price notification system as it is not fairly reflected in actual traded price.
The biggest problem is that as an identical tax is levied based on area without reflecting effective value by each floor in market value standard price and as acquisition tax of 1st floor shopping mall amounting to KRW1billion and that of underground shopping mall amounting to KRW0.6billion are levied at the same level, it is violated against actual tax assessment principle and fair taxation as well.
In this study, problem and improvement method of tax assessment equity were intended to be presented by observing whether taxation standard system of current acquisition tax complies with fair taxation principle based on actual trading price and prevention of double contract preparation that are an objective of introducing real estate actual trading price reporting system and closely analyzing "adjustment standard of market value standard price of building of MOI" that is an assessment criteria of property tax and acquisition tax among local tax.
In addition, how taxation appeal cases by unbalance between market value standard price and actual trading price that is taxation standard of acquisition tax of non-residential building is actually handled and its problem being taken place in its process were observed based on precedent case of supreme court.
As a result of this study, unbalance between market value standard price and actual trading price was represented to be serious and as the case may be, as taxation standard of building having high actual trading price is higher than that of building having much lower actual trading price, inconsistency with actual taxation principle was represented to be significant. In this study, being differentiated from preceding study, whether taxation standard system of acquisition tax being specified by current local tax law complies with an objective of introducing real estate actual price reporting system, in case of charged trading of which actual trading price is known, whether problem of double taxation of acquisition taxation based on market value standard price, not an actual trading price is present in connection with capital gain tax based on actual trading price was examined. As its result, following problem and improvement method were presented.
First, introduction of special adjustment system of land that is similar method of building is suggested and in market value standard price of land also, realization rate of market value standard price compared with actual trading price by applying "effective value by each floor" with adjusted estimation rate was analyzed through regression analysis and its research result was deduced. This simulation is a result showing a difference between preceding study and this study.
Second, when inconsistency between market value standard price and actual trading price is represented, introduction of reasonable appeal procedure in a position of taxpayer was intended to be presented.
Third, in inter-personal charged trading based on acquisition cause also, reported actual trading price is suggested to be a tax assessment standard.
It is hoped that this study would extensively contribute to practical solution for improving problem of acquisition tax assessment standard, without being ended up with a theoretical consideration and research analysis.