배출권 거래제상 법인세 과세에 관한 비교법 연구

This paper explores some tax issues surrounding Emission Trading Scheme, especially focuses on Corporate Taxation by comparative law study. In korean emission trading scheme act, it does not define the legal nature of GHG’s emission right. However, this paper examines the legal nature of GHG’s emission right by analyzing the development of market-based environmental policy instrument and comparative law study methodology and regards GHG’s emission rights as real rights over movables. Based on this conclusive definition, this paper focuses on tax treatments of GHG’s emission right in the Corporate Taxation System. Specially, it discusses tax problems of GHG’s emission right distributed for free, including tax basis of Emission Rights and tax deferral. It is highly probable that the tax basis of free emission rights is zero. According to this tax ground, free permits will not be taxed when received. That is why we consider the simplicity of taxation system, and the legislative purpose of the Emission Trading Scheme. Many EU countries have this legislative standing of free permits in Corporate Taxation, and the United States also has this position. But Korea does not have the reverse position. This paper suggests Korean Taxation System needs to be changed with global legal trend. It seems plausible that Emission permits from CDM investments will be treated on case by case basis. This paper suggests Emission permits from CDM investments need to follow two-track system by business purpose of CDMs. In case that It launched a CDM for making and achieving only Emission permits, a tax basis of an emission permit will be determined proportionally. In the other way, Emission permits are regarded as collateral benefits, a tax basis of an emission permit will be calculated by ‘zero’, like a free permits. Because a corporation can get free permits by going concern, an emission permit as a collateral benefit will be considered as a free permit by the view of macroscopic business process.