특수관계자간 그룹공통브랜드 라이선스 로열티율의 법인세법상 시가 평가방법에 대한 연구

A number of companies with the ownership of their group brands are receiving licensing royalties from their affiliates that utilize the group brands on their business. The group-brands are classified as valuable intangible assets, in which the group’s overall reputation is embedded. As the group-brand license transactions of corporate groups are classified as domestic related-party transactions according to the Corporate Income Tax Law (“CITL”) of Korea, it needs to be examined whether the related royalties are considered to be within the range of market prices. the CITL provisions rule for market price valuation as well as three alternative valuation methods. However, none of the methods can appropriately reflect the economic value of group-brand license transactions. The current market price valuation provisions stipulated under the CITL do not appropriately consider the economic benefits of intangibles that licensee enjoy from utilizing them which are attributable to true economic value of such intangibles. Therefore, this study recommends the CITL to include an income approach valuation method that can reflect the future economic value of intangible assets for users. Furthermore, specific valuation procedures based on residual profit split method should be disclosed by rulings or notices in order to mitigate the uncertainty of taxpayers as well as tax authorities.