신탁재산의 법률관계와 과세실무의 정합성

This article attempts to reconstruct the trust taxation theory based on the trustee taxation method. The trustee taxation method is based on Article 31 of the Trust Act, which stipulates that the trustee is the subject of rights and obligations to the trust property. In order to accomplish this task, the theory of trust taxation should be deviated from the current bipartisan method of trust taxation, either taxation on the basis of a trust as a conduit or as an entity. It analyzes the compatibility between the legal relationship surrounding trust property that appears in the establishment, operation, and termination stages of a trust and individual taxes imposed at each stage. The current trust tax theory fails to explain a series of Supreme Court decisions and legislations where trustee taxation is strengthened, and moreover does not help in interpreting the relevant tax code provisions, if there are no specific provisions for trust taxation in the individual tax acts. The tax shall be directly imposed on the settlor, trustee, and beneficiary who possess the tax ownership. In trust taxation, the issue of choosing among beneficiary, settlor or trustee is decided by balancing the principle of substantial taxation, and efficiency and fairness. A more detailed standard of judgment on substantial taxation is the tax ownership. The detailed standards for efficiency and fairness are securement of tax neutrality, prevention of tax avoidance, and compatibility with trust laws.