미상환 공적 부채 과다보유법인에 대한 상생협력세제의 개선방안

The revision of the tax law at the regular session of the National Assembly at the end of 2017 ended the “corporate income conversion tax system(CICTS)” defined in Article 56 of the Corporate Tax Law at sunset. Instead, a new provision, article 100-32 of the Tax Reduction and Exemption Control Act, was introduced: “taxation exceptions for promoting investment and win-win cooperation” (hereinafter referred to as “win-win cooperation tax system”). This system is a temporary system that will be in operation for the next three years by 2020. Comparing with CICTS, the instrumental meaning of contributing to the national economic policy objective, i.e. employment and investment expansion, and win-win cooperation between large companies and small companies, is emphasized more. Looking to the introduction purpose of this system, the “applicable companies, etc.” who are taxpayers of this tax system should be limited to for-profit large companies that have higher financial health. In case of a legal entity that does not show sufficient financial capacity and falls short the substantive standards expected by the law, even if it is formally determined to have the profile of a for-profit large company, it seems reasonable to exclude its application in light of the legislative purpose. In this paper, we analyzed the support and redemption of public funds, especially focusing on the case of Fisheries Cooperative Bank. Based on these analyses, a proposal is made as a legislative measure to enable the inclusion of repayment amount of unpaid public debt in the calculation of corporate income, in the treatment of corporations that have excessively acquired unpaid public funds in the win-win cooperation tax system. In other words, it is necessary to revise the relevant provisions to deduct repayment amount of unpaid public debt in the calculation of unrefunded corporate income, so that large corporations that have not fully repaid public funds can repay it preferentially. In particular, the Fisheries Cooperative Federation Central Association falls under the category of a large unpaid public fund. It needs to be institutionally supplemented to deduct repayment amount of the remaining public funds from corporate income, before the Fisheries Cooperative Bank distributes dividends to the Fisheries Cooperative Federation Central Association. Since the reality of public funds is supported fund for the purpose of preserving loss carryforwards at the time of failure, and unpaid public funds when calculating corporate income for win-win cooperative tax system has the same character as loss carry-forwards deducted in the calculation stage of the tax base as the basis for calculating corporate tax, it is reasonable to prescribe that repayment amount of unpaid public funds can be deducted in the process of calculating corporate income that the company is able to return to society. In that respect, it can be said that article 100-32 of the 2019 revised Tax Reduction and Exemption Control Act Enforcement Decree is reasonable.