현행세법상 시가 규정의 문제점과 개선방안：상속세 및 증여세법의 시가 규정을 중심으로

[Purpose]The purpose of this study is that market price regulations under the current tax law are separately stipulated in the inheritance tax and gift tax law, corporate tax law, and value－added tax law, respectively, and are inconsistent. The purpose is to review related regulations and suggest improvement plans to strengthen stability. [Methodology]As a literature study, this study looked at the previous studies and used related materials such as press releases and media articles related to inheritance and gift tax. Based on these previous studies, we will look at the market price regulations under the tax law, look at the overseas cases that are currently applied, and then present the problems of Korea regarding the market price regulations under the award law and suggest realistic improvement plans. [Findings]The improvement plans for the city price regulation under the Inheritance Tax and Gift Tax Act suggested in this study are as follows. First, it is necessary to unify the appraised value into “reasonable appraised value received from a reliable appraisal agency” to secure consistency in the legal system and reduce the burden on taxpayers. Second, if the issue of retrospective appraisal was evaluated in a reasonable and objective way by an appraisal agency with public credibility, the retrospective appraisal value also corresponds to the market price, so it should be stipulated. Third, the city price regulations under the Individual Tax Act should be unified. Different application of the concept of market value within the individual tax laws will cause confusion for taxpayers, so a consistent regulation is needed. Fourth, it is necessary to disclose the case price of similar sales to the taxpayer to resolve the information asymmetry between the taxpayer and the tax office. In line with this, the regulation that excludes the penalty for delayed payment should be expanded more flexibly. [Implications]In these days, where the evaluation of property is important in society as a whole, realistically, it is justified to make an assessment that can approach the substance of value rather than applying strict tax legalism. Rather than causing confusion and burden on the taxpayer by applying only the standards enumerated in the law, it should be broadly interpreted as an exemplary regulation so that a reasonable market regulation that fits reality and substance should be prepared.