법인세법상 채무보증으로 인한 대손금의 손금산입범위 조정에 관한 연구

According to the Corporate Tax Act, in principle bad debts from debt guarantees cannot be included in deductible expenses for the purpose of calculating the amount of income of the relevant business year, excluding debt guarantees prescribed by Presidential Decree such as debt guarantees provided for in the subparagraphs of Article 10-2 (1) of the Monopoly Regulation and Fair Trade Act etc. The intent of the law is to prohibit the over-borrowing fund corporate management and subsequent bankruptcies. This kind of regulation method is regarded as the positive regulation because inclusion in deductible expenses are exceptionally allowed. In 1997 IMF financial crisis, strong regulations such as positive regulation method were justified on the grounds that large corporations were saddled with huge debt guarantees and high debt ratios. However, nowadays there has been significant reductions in debt guarantees and debt ratios, so regulatory levels need to be somewhat mitigated. I proposed a reasonable adjustment method on the range of expenses of bad debts from debt guarantees in the following manner. First, under the existing positive regulation, the range of expense of bad debts from debt guarantees is too narrow regardless of business related expenses. There is a need to change the positive regulation into the negative regulation which is weak regulation. This measure can broaden the scope of expense of bad debts from debt guarantees with business-related. Next, debt guarantees are not different from loans in nature in terms of fund support. According to the Article 19-2 (2) of the Corporate Tax Act, bad debts from loans are not included in deductible expenses only when they are lent to a related party with no connection to the business of the relevant corporation. Balancing with loans, we need to adjust the range of expenses of bad debts arising from debt guarantees reasonably.