다국적기업의 지급이자 손비 인정 제한에 관한 연구 ― 2017년 세법개정안을 중심으로 ―

There is an incentive of tax avoidance in international transactions due to choice of financing method and type of financial products. So a number of countries and OECD BEPS Project provide systems to prevent base erosion and profit shifting. The government introduces tax reform in 2017 to resolve hybrid mismatch and limit tax deductibility of interest expense aimed at strengthening transparency of taxation in world trends. This has a significance to improve the international consistency of our tax law and predictability of taxpayers by solving the matters of taxation using hybrid instrument and supplementing the existing system on a global level. But the regulation on resolving hybrid mismatch needs to limit its scope to tax avoidance scheme or arrangements not to impede company's free economic activity if double non-taxation results despite the intention of parties to a transaction. And the government needs to adopt the adjustment plan if double taxation results for the purpose of protecting the taxpayer's right to property and equity on taxation. Meanwhile, regulation on limiting tax deductibility of interest expense needs to be compatible with thin capitalization rule and the problems of thin capitalization rule must be resolved prior to beginning of tax reform. In addition, the regulations on limiting tax deductibility of interest expense need to be prescribed directly to prevent earning stripping using expanded group interest.