기업합병세제의 개선방안에 관한 연구

Tax authorities kept taxation system concerning merger and division, enacting 'Accounting Standards for Consolidated Financial Statements' in March, 1999 and revising corporate tax law in December, 1998 in order to support restructuring of corporation. However, though taxation system concerning merger gets ready, such various problems as chances for tax evasion and provisions that pass over economic facts have been found in it. Therefore this study suggests improvements of taxation system concerning merger, after inquiring into it. The following is the results of study and the suggestions First. financial accounting and tax accounting should be of one accord in that the two accountings deal with economic facts of a accounting entity.Second, in connection with special cases for taxation on merger, the purpose of merger should be not tax evasion but proper business and the requisites that apply tax exemption on merger should be severed, in addition to requisites that keep the continuance of shareholder's equity after merger. Third. in case of taxation merger, cost of merger should be calculated at market price of shares in calculating profits from a merger. Since the concept and assessment of goodwill are changeable and subjective, it is necessary to develop the calculated base of goodwill setting maximum limits of it by cases . Finally, in connection with taxation of liquidation income, tax authorities should raise the legal stability and predictive possibility of economic life considering synthetically the acquisition motive, times, and conditions of combined stocks.