실무적 관점에서 본 가업상속의 실체 검토

This study focuses on the requirements for application of family business succession from a practical standpoint through some actual cases. It suggests the following points on what are the problems and what should be improved in applying the current provisions；First, the tax law has to provide the starting time for calculating the running period of family business. This article proposes the three alter- natives as follows；the first way in which the period counts from the commencement or establishment date of the business, the second way in which the period retroactively starts from the succession date of the business, and the third way in which an artificial period is created up to the succession date of the business. Second, the law should prescribe the relation between the running period of family business and the service period of the property directly used in family business. Also, the law should come up with the measures to regulate the disguised use of family business property before and after the succe- ssion date in order to prevent tax evasion. Third, the law had better stipulate that whether a business is the family business or not be determined by place of business. As well, it is necessary to provide a specific criteria to allocate the value of stock on the property directly used in family business when a predecessor operated a multiple business. Fourth, the follow-up management provisions should be alleviated in accordance of business reality in cases where assets are inevitably sold in the course of business restructuring, a succeeded family business becomes a large enterprise, or a family business is changed into a public corporation.