신탁세제상 장래이익에 관한 세무처리방안 ―상속세 및 증여세법을 중심으로―

Future interest is the property ownership excluding enjoyment of property or current ownership. Although future interest on Britain and the United States of the legal system is considered as ownership is not allowed under current civil law, it is occurred from subsequence beneficiary trust under trust law. The main issue of future interest is the uncertainty of who the acquisitor is and when the time of acquisition is. This could violate legal stability and could be used as an expedient of tax-avoidance. Thus, on this treatise will suggest the solution for these issues as a tax perspective. First, taxation of future interest is standard of judgement for vested or contingent, Current inheritance and gift tax law code 65 exists problem of fixed time, because its code is fluidity such as alter of condition or trust instrument by property transfer for long-term. Thus our inheritance and gift tax law need to prepare guideline of this part. Second, the valuation of future interest is as follow. Firstly, gift is involved part. Interest rate of trust property needs to reflect substantial economic change. In order to this, Korea relative authorities needs to announce esti- mating rate of return in periodic. Secondly, inheritance is involved part. Since current valuation doesn’t reflect the difference of fixed time for the income interest and principle interest, both interests are considered as gross estate amount in the US. The present valuation excludes its income interest is considered as principle interest. Then, the present valuation of principle interest every year can be measured by combining assessment of present valuation of income interest and principle interest and imposing inheritance tax on income interest as of precious transfer of inheritance property. US method can be an alternative levying inheritance tax for principle interest regardless of time of acquisition of future interest for inheritance taxation and gift taxation. Third, the gift exclusion of future interest can not be allowed because it is correspond to uncertain income. In the event of the number of donees and their identity can not be specified and estimated the gift amount from donee in The US. The new regulation that gift exclusion is not allowed to present interest should be set up. Although taxation plan on future interest is a small part of current trust taxation system, these method mentioned above would resolve hardship of taxation on future interest due to confliction between future interest and ownership on civil law. Through all this stated above, legal stability of trust taxation system will be provided.