공익법인에 대한 기부금 공제의 문제점 및 개선방안에 관한 연구(유산기부를 중심으로)

When a person makes a donation to a public interest corporation, the donor receives a contribution deduction under the Income Tax Act. The donee, the public interest corporation, is exempted from a gift tax with the taxable value excluded from the donation. When a person donates his or her legacies as an heir or heiress, it is a question whether he or she will be eligible for contribution deductions. The administrative interpretations deny it in the nation. There is controversy over such a donation involving balance between such a donation and donation before one's death and dual benefits of deducting both the valuable of taxable estate and income tax. This study thus set out to examine such cases in Japan and the U.S.A. and find implications for South Korea. The findings led to the following conclusions: First, there is a need to expand the deduction scope for contributions. In the U.S.A., the deduction scope for contributions was expanded from 50% to 60% to promote donations in 2018. In Japan, the Exceptions to Tax Laws Act was enacted to recognize 25% of total tax amount instead of the old 40% of total income and allow taxpayers to choose between income tax deduction and tax deduction. South Korea should expand the deduction scope for contributions to the level similar to Japan. If it is difficult, the government should at least give tax payers options between income tax deduction or tax deduction. Secondly, deductions should be allowed for heirs that donate their legacies. There are a couple of grounds for this argument: both Japan and the U.S.A. are affirmative of such deduction; contribution deductions should be allowed for legacy contributions to strike balance with contributions before one's death; and South Korea imposes higher estate taxes than the U.S.A. and Japan and will thus find it rather reasonable to offer contribution deduction benefits to heirs. Finally, there is a need to review again the distinction between legal and designated contributions in a long run. Based on the current interpretations of the Tax Law, when there was a contribution before one's death, it will be either a legal or designated contribution according to the nature of an organization, which will lead to differences in the deduction scope and order. There are no such differences in case of legacy contributions. In Japan and the U.S.A., deductions varied according to whether money or appreciated property is donated. There were no cases of different contribution deduction scopes according to the nature of an organization that received a contribution. It will be valid to move toward no distinction between them in South Korea in a long run. Here, a premise should be ensured that public interest corporations such as schools and hospitals should be detailed and transparent with the content of their public announcements and tax returns like the case of the U.S.A.