“투자·상생협력 촉진을 위한 과세특례”의 개선방안에 대한 연구

The special taxation for promoting investment and mutually beneficial cooperation(hereinafter referred to as “the special system”) newly established in Article 100-32 of the special tax treatment control law on 19 December 2017 is the system which succeeds the policy objective of the corporate tax law system for corporation’s non- refundable income according to Article 56 of the former corporate tax law(hereinafter referred to as “the former corporate tax law system”). In addition, the policy objective of the special taxation is to “enable the income of the corporation to flow into households through investments, wages, and etc. for solving the problem of Korean economy that recently widening gaps between income of the corporation and income of the households and concerning about low growth. The purpose of this study is to (ⅰ) analyze the application method of the special system(including the comparison with the former corporate tax law system), (ⅱ) through comparing foreign legislation system with the special system and reviewing both systems, (ⅲ) examine the problems of the special system, and suggest several improvement plans for enhancing effectiveness. Following suggestions are the improvement plans for the special system in this study. First, (ⅰ) it is necessary to consider differentiating the tax rate considering the size and characteristics of the corporation, and (ⅱ) to reduce the current tax rate within the range that the property rights of the corporation are not unduly infringed. Second, there is a need for a system which adjusts excess tax burden due to double taxation of the special system. Third, (ⅰ) the scope of corporations in the special system needs to be adjusted depending on the post evaluation of the degree of policy achievement, and (ⅱ) the investment amount for the attached land should be recognized as the deductible amount when calculating non-refundable income etc. of the special system. Fourth, the concept of non-refundable income etc. of the special system should be unified into the concept of non-refundable income etc. defined in newly established Article 100-32 of the special tax treatment control law. Fifth, the carryover period of the carried forward overflowed-amounts should be three years, for the period that the special system would be maintained. Sixth, (ⅰ) in addition to the legislation that allows flexibility in the period for recognition of investment amounts deducted from corporation income (ⅱ) there is a need for the legislation that the corporation should not take additional tax burden, if the corporation under the special system disposes of assets in the amount of total investment in machinery etc. due to valid reasons. At last, the special system should be abolished after the expiration date unless there are special circumstances. The above special system would be fully applied to the corporation according to each Item, Paragraph 1, Article 100-32 of the special tax treatment control law and would be effective from 2019. It is expected that various trial and error will occur in applying the special system to the above corporation by the State. Therefore, I hope this study contribute a little to achieve the purpose of national policy for increasing income of the households and enhancing full range of economic validity as improving the special system.