한국의 피지배외국법인(Controlled Foreign Corporation)유보소득 과세제도 연구

Taxation of the Controlled Foreign Corporation on the Deferred Income：KoreaWith the advancement of global economy and increase of corporate investment in foreign country in the form of joint venture and subsidiary, deferral of income earned from foreign operation becomes critical issue in Korea. Taxpayer tends to hold foreign earned income in foreign jurisdiction to avoid or delay its domestic taxation.This paper suggests 6 principles as criteria to analyse the Korean regulations on the taxation of income of Controlled Foreign Corporation(CFC). The principles are equity, efficiency, simplicity, administrability, international norm, and com- petitiveness. Based on these principle, the author evaluate related current Korean regulations and suggest policy directions which can be considered in future amendment of the laws. Since the CFC rule is very complicated and details, this article focuses on how to identify CFC, who is responsible for the taxation and when, and what is the criteria in deciding the taxable income of CFC according to the above principles.The author provides and evaluates alternatively methods which can be taken to improve CFC regulation of Korea：ⅰ) abolition of taxation on the deferral of income of CFC；ⅱ) inclusion of all CFC's income as if all of the income is domestic income, but apply low rate of tax on it；and ⅲ) keep the current laws and reinforce it.