집합투자기구(CIV)와 역외소득탈루

Globalization in economic and investment activities, deregulation of foreign exchange control and rapid development of financial instruments facilitate expansion of offshore tax evasion in size. On the other hand, tax authorities in leading countries, including Korean tax authority, have stepped up their efforts to curve the rampant increase of offshore tax evasion by strengthening their coordinated measures against tax haven jurisdictions The proliferation of CIV industry expedites outbound investment of Korean investors. The recent report of National Tax Service shows that a number of Korean taxpayers have used offshore funds (or offshore financial centers) as their main tools for evading taxes. Against this backdrop, this article analyzes current tax rules on CIV and various patterns of outbound investment through CIVs, especially focusing on the interplay between the regulatory regime and tax rules on outbound investment through offshore funds. Having found that there are much room to be desired in Korean tax rules in relation to outbound tax through offshore funds, this article proposes i) introduction of additional tax rules (based on each investor’s investment size) against corporate type CIV established in tax haven jurisdictions, ii) different treatments on the foreign CIV according to the level of their transparency or cooperative information exchange with Korean tax authorities, and iii) legislation of the obligatory exchange of investment information (gathered by financial regulatory bodies) to tax authorities. Further, this article suggest some incentive measures to help early stabilization of the regime on “reporting obligation of foreign financial accounts”