세법상 부동산 시가규정의 개선방안

The Korean tax law adopts “Market Value basis” as a calculation standard for a value of a taxable article. If an actual transaction value existed in order to calculate a value of a taxable article, the actual transaction value would be the value of the taxable article. However, in the case of in which no value is established such as a case of gratuitous transfer, or a transaction activity cannot be approved because of wrongful calculation under the tax law, or actual transaction value cannot be identified, a concept of ‘Market Value’ is needed as a calculation standard of taxable value, apart from the actual transaction value. Under the tax law, the concept of ‘market value’ is being used as a standard for a taxable property valuation. In the case of real property, individual land price appraisal indicates market value through supplementary valuation method under the current legal system. However, individual land price appraisal cannot reflect the market value appropriately, especially, there is a big difference between the individual land price appraisal and the market value by regional groups and by items. The market value through the supplementary valuation method regarding real properties are lower than the actual transaction value and the difference between the market value and the actual transaction value has been pointed out. Therefore, through the review of the relevant regulations for market value focusing on real properties, this research paper will discuss the problems under the current tax law, and focuses on the improvements of legal systems and regulations for market value. This paper especially concentrates on the improvements of calculation standards and methods of market value based on the analysis of the tax legislations of foreign countries such as the U.S., Japan, U.K. and Germany and the judicial precedent regarding market value in Korea. There are some problems of the Regulations of market value under the current tax law. First, there is a problem of the legal system and formation of the regulation of the market value. Under the “Principle of No Taxation without Law”, our tax law, regulations and codes regulates all of the definition of the market value, standards and methods for market value. However, the regulations for market value, included in the tax law, regulations, and codes which are hard to be amended, has depleted the determination of the tax requisition and flexibility of the assessment of the tax and has unencouraged to reflect the new method of property valuation. Second, there is many problems whether market value includes the value of purchase and sale, the appraisal value, the value of public action, and the similar active deal value. Especially, in the case of appraisal value, there is an issue whether the market value includes the appraisal value provided by an institution the appraisal value for a specific purpose or the retroactive appraisal value. Moreover, the bigger problem is that the regulations for appraisal value under a current tax law in order to prohibit avoidance of tax has become a dead letter by case law. In the case of the similar active deal value, there is a problem of standard of similarity and access of information of similar active deal value. Third, there is no detailed, professional and technical standard of valuation for calculation of market value. The rapid change of economic and social situation, and the appearance of new goods and services have required the establishment of the detailed, professional and technical standard of valuation for calculation of market value. However, our tax law formulates the standard of calculation of market value uniformly so that it is not possible to individually evaluate assets respectively. Fourth, there is a problem regarding the calculation methods and procedure of market value. The methods of calculation rely on supplementary valuation method without consideration of individual characteristics of the taxable property. Also, there is no sufficient regulations regarding the procedure of calculation of market value. In regard to the above-mentioned problems, the following improvements are drawn with the review of the analysis on the legislation of foreign countries and domestic tax judicial precedents in related to market value. First, “General Provisions of Property Valuation” as National Tax Service’s administration regulation need to be established in order to regulate all factors of the calculation of market value. the tax law needs to include the fundamental regulations only and “General Provisions of Property Valuation” needs to regulates all factors regarding the property valuation. Second, there should be a detailed, professional and technical standard of calculation of market value which reflects all evaluation factors of taxable value of a property. In the case of real estate, it should be possible to share the similar taxable value and consider all factors which could affects the real property valuation for the establishment of the detailed, professional and technical calculation standard. Third, it is essential to adopt a variety of evaluation methods. Under the current tax law, one of the biggest problems regarding the calculation for market value is that the valuation does not appropriately reflect the substantial value because the supplementary valuation method under inheritance tax or gift tax formulates the method of calculation and applies the formulated method uniformly regardless of different circumstances and characteristics. The leading countries utilize a variety of methods of calculation of market value. Our system should also need to develop and adopt various calculation methods and facilitate a substantial and fair valuation of property. Also, for an appropriate calculation procedure for market value, the Department of Property Valuation in the National Tax Service should be established. Also, evaluation advisory institutions and outside experts system should be actively utilized.