조세법상 법인의 시가평가원칙과 쟁점 ―토지ㆍ비상장주식을 중심으로―

Tax Law declairs that taxpayer should trade land, stock at market price. For the trait of character and high price, price of land and unlisted stock is formed case by case and is not traded frequently, so it is not easy to obtain market price. When there is not any other market price, then they can be estimated by the supplementary valuation method which is prescribed in law and ordinances. According to the supplementary valuation method, land is assessed by Individual Public Notification Land Price, unlisted stock is by weighted average of net asset and net income. But it is not desirable that specific method is prescribed in law and ordinances. Because there are several methods to estimate market price, taxpayer and tax office should choose appropriate method which major price influencing factors are reflected in. So If specific method is prescribed in law and ordinances, most taxpayer and tax office consider it as general principle and adopt without considering suitability for the case. So methods to estimate market price should be open. Market price of land can be estimated by appraiser's report, a licensed real estate agent's testimony, trading price of neighboring land, etc. The supplementary valuation method for unlisted stock should be abolished because it is too simple and uniform to estimate all the corporations. Market price of unlisted stock should be estimated by the method that is most suitable for the objective corporation. In procedure it is desirable that in the first place taxpayer submits the estimated value, applied method, basis to tax office, and then tax office examine its reasonableness.