합병법인이 승계한 피합병법인 채권에 대한 대손충당금의 손금산입

Merger corporation can succeed debt, loss and gain with carry-over losses of corporation amalgamated in the process of merging, if only fulfilling the requirement of Corporation Tax Law. But, in situation that merger corporation could not succeed carry-over losses of corporation amalgamated, it could reduce tax burden by carrying out various tax planning. This study plans to analyze the merger case of between the Kookmin Card and the Kookmin Bank on October 1, 2003. In situation that the Kookmin Bank, merger corporation, in the process of merging the Kookmin Card, could not succeed carry-over losses of corporation amalgamated, although the Kookmin Card had to establish allowance for bad debts about credit cards receivables according to Forward Looking Criteria, but the Kookmin Card did not appropriate allowance for bad debts or bad debts on credit cards receivables in accounting books in establishing settlement of accounts about deemed business year by merger (Jan. 1, 2003 to Sep. 30, 2003). Because it did not fulfill the requirement of tax adjustments in tax return under Para. 1 of Art. 34 of the Corporation Tax Law, this provision, which is a special provision for inclusion in deductible expenses in tax law, could not be applied to the aforesaid merger case, and it would be reasonable that the credit cards receivables could be deducted at this point of time of being uncollectable according to settlement principle of claims and obligations. Although, the Act on External Audit of Stock Companies(EASCA) or the Credit Finance Business Act(CFBA), required to appropriate from allowance for bad debts, if financial companies did not put the allowance for bad debts in expenses, apart from violating the EASCA or CFBA, it could not be handled as deductible expenses, in recognition of inclusion in deductible expenses of Corporation Tax Law as much as reserving was required under the EASCA or CFBA. After the merger, the Kookmin Bank could reduce tax burden by recognizing allowance for bad debts about credit cards receivables being succeeded as much as possible. Because, as a result of merger, claims and obligations of corporation amalgamated were succeeded to merger corporation comprehensively with maintaining the identity, merger corporation could do allowance for bad debts about the amount which did not establish allowance for bad debts among corporation amalgamated's receivables, as any provisions restricting such act did not exist. If seen in merger corporation's standpoint, allowances for bad debts about the credit card receivables in this case were accrued, but non-recognized losses, it did not differ from realized and recognized ‘amount of loss’, given that deduction was possible. So, Corporation Tax Law in 2012 provides that it did not accept takeover of book amount of property which unrealized loss is contained, recognizing losses when the corporations merged. In case that merger corporation realizes unrealized losses (built-in loss) that are built in property, which corporation amalgamated possess, after merger, the unrealized loss will be dealt equally with ‘amount of loss’. According to current Corporation Tax Law in 2012, it would be impossible to merge for the purpose of reduction of tax burden, by doing deduction of allowance for bad debts for corporation amalgamated’s receivables, which merger corporations succeed.