This thesis surveys capital gains tax system in the assignment of home and its annexed land, and examines the system of the main capitalistic countries and Korea, from comparative perspectives, and improvement plans of the system.
(A) Home in capit...
This thesis surveys capital gains tax system in the assignment of home and its annexed land, and examines the system of the main capitalistic countries and Korea, from comparative perspectives, and improvement plans of the system.
(A) Home in capital gains tax means a dwelling place in which one lives and its annexed land, and its ownership is transferred by sale and purchase, exchange, etc. of the place and land, regardless of the registration of transfer of the ownership. The capital gains taxation, unlike general income taxation, has characteristics such as bunching of income, lock-in effect, inflation, and tax deferral.
(B) Capital gains tax is a tax which is imposed on profit obtained
by increased value when someone assigns his or her capital such as land, buildings, real estate, etc. And it is only imposed on assigned property "attained capital profits" having long-term possession special deduction system. This system is applied to property retention term of which is 3 years, and the purport of its related regulation can't catch up fluctuation of price, despite of considering nominal income based on increased prices. This limits the property to buildings and land, and there is a possibility to violate to some taxpayers' right.
(C) Capital gains tax is imposed as split form in Korea, but it is imposed as united form which means total income in US, UK, Germany and Japan. But Japan has separate taxation system as a special case of capital gains tax.
Object of taxation of capital gains tax is prescribed to the extent of legal range in Korea, while it is prescribed to the extent of inclusive system in most of countries.
US, UK, Germany and Japan have similar calculation system of income to Korea which calculates income by deducting acquisition from assignment, but in case of occurrence of loss, US, UK and Germany have a system that subtracts the amount of loss which Korea doesn't have.
In the tax rates system, capital gains adds up total income and is applied to a graded tariff through two phases when it comes to capital gains of 1 year exceed property in US, and capital gains in UK prescribes same as general income and has a system that excludes capital gains in case of calculation of locked-in amount. Germany has general income tax because of nonexistence of extra tax item, and Japan reduces its tax rates compared to consolidated income tax rate by adding long-term holding property and short-term holding property separately standardized by 5 years.
"A household with one house" tax exemption in capital gains tax is benefited if it fulfills its condition "below 900,000,000 won, 3 years possession(3 years possession, 2 years residence in Seoul, Gwacheon, 5 new towns). However, in case of not registering and transferring to the third person, even if the possession term is longer than 3 years, "a household with one house" tax exemption can't be benefited, and the transferor can't receive long-term possession special deduction. And housing cash transactions over 900,000,000 won can't receive its tax exemption benefit.
Problems of current homes capital gains tax system and their improvement plans are followings:
(A) Estimating policies about home capital gains tax system,ㅡcharacteristics of housing have investment and general consumption side, therefore the policy which limits supply of housing isn't suitable for Korean circumstance. Because restraint of demand and increase of supply via taxation are hard to conform immediately to economic situation, taxation system should be planned predicting future. Considering imposition of taxes essentially causes price and changes turnover, taxation policy should be reasonable and constructive.
(B) Increased assignment profit to actual exchange prices result of exclusion of application about standard assignment of housing and increased assignment profit result of acquisition prices exchange should be divided into long-term possession special deduction, about price hike and about owning housing and inducement purpose. And deduction about price hike should be added to acquisition price to people who are a household and more than two houses as well.
(C) Basic deduction means deducting 2,500,000 won from capital gains amount of that year for residents who have capital gains and in case of non-registrated home transfer can't be deducted. Also, in case of assigned housing that has more than two transferences, capital gains amount of housing has basic deduction in order.
(D) Tax rate system of capital gains tax needs to be simplified because it is too complicated, and high tax rate application about limited object of taxation should be imposed on a general tax rate because it is easy to evade capital gains tax via others' property.
If a household owns more than two houses, it could be a violation of property rights applying high tax rate without asking actual assignment profit. Therefore, other conditions such as financial expenses should be considered.