거울거래를 이용한 조세회피의 가능성과 대책

This study reviews tax avoidance techniques using mirror subsidiary transactions which have been developed in the United States of America, the response of tax authorities of the U.S.A. and the possibility of tax avoidance using mirror subsidiary techniques in Korea. The possibility of tax avoidance in Korea is due to the provision stating that the newly established corporation is allowed to determine the book value of assets received by contributions as its discretionary amount not exceeding the fair market value. It is possible to avoid tax on a gain from sales of stocks or assets by tax-free property contributions followed by stating book value as the fair market value, and then by selling the stocks or the assets three years after the contributions. This study also discusses anti-avoidance rules necessary under the Corporate Income Tax Law as follows;First, contributed property or assets should be stated on book as the fair market value if the contributing corporation recognized capital gain from the contribution, but the book value of the contributing corporation as of the contribution if the contributing corporation did not recognized capital gain due to a tax-free contribution. Second, where the contributed stocks or assets have built-in gains right before the contribution, the realized built-in gain arising after the contribution should be used to be deducted from the losses only to the extent of losses arising from the old trade or business which has been operated before the contribution.