해상운송기업의 조세회피와 그 대응방안

With its international implication in its business and offshore character in its activity, a shipping company has various ways and method in avoiding or evading taxes to be imposed by its income‐source countries or residence‐based countries. The shipping company’s tax planning could be more encouraged with the international agreement and trend in which most of shipping countries adopt legislation to tax the income derived from or connected in the shipping operation of foreign company under residence‐based taxation rather than source‐based taxation. In consequences, many shipping companies have been tried to take advantage of tax haven by establishing controlled foreign corporation (CFC) in tax haven countries or using vessels of flags of convenience. From the point of tax authorities, it is necessary to restrict income tax avoidances made by shipping industries. Although tax authorities have traditional legal principle of substance over the form rule, its efficiency is questionable in terms of the burden of proof to borne by tax authorities. At this juncture, it is noteworthy to review the U.S.’s approach to regulate shipping operation income by foreign subsidiaries of U.S. companies or citizens by including most of shipping connected income into subpart F income, i.e. “tainted income”.