주식회사간의 인적분할(Spaltung)에 관한 독일의 과세제도

Spin-off & Split-up between incorporated companies under German law, a useful device for corporate reorganization, is categorized into Spin-off and Split-up, for which German Reorganization Tax Act (‘the Act’) provides some special tax treatments. According to the Act, though the transferred assets shall be evaluated at fair market value by the acquiring company in principle, when ‘the independant branch of activity’ condition is satisfied, the assets can be evaluated at book value. Since the satisfaction of the condition is not difficult, the book value evaluation can be widely adopted. However, the Act also prescribes detailed anti-tax avoidance regulations preparing for tax avoidance using book value evalution. In summary, German tax system for Spin-off & Split-up is at once positive for special tax treatments for corporate reor- ganization and also cautious for their misuse. In Korean tax law’s perspective, the German taxation system for Spin-off & Split-up gives some implications on regulation system for book value evaluation conditions, remedies for misuse of special tax treatment, and the interpretation of some basic concepts.