금융세제의 합리적 개편방안에 관한 연구

This study investigates how to rationally revise tax laws and systems in accordance with the comprehensive financial income (“CFI” hereafter) taxation to increase legal validity and institutional efficiency. Summarizing analyses of this study, first, as whether the loan transaction of stocks is subject to CFI tax is unclear in tax laws and rulings, those should be revised to be more clear-cut in order to increase taxpayers’ legal stability Next, as most of the acquisition costs of stocks are hardly recognizable and, as a result, CFI tax burdens become greater needlessly, the deemed acquisition costs should be applicable for those stocks (“AC unrecognizable stocks” hereafter) to assure reasonable tax liability. Next, as tax withholding is not taken effect for all the stocks in the same stock account where AC unrecognizable stocks are included and, as a result, excessive tax compliance costs incur, only AC unrecognizable stocks should be excluded from CFI tax withholding. Next, as the restriction on withdrawal in CFI taxation is ineffective and impractical, the restriction should be allowed to adopt by taxpayers’ choice, and the penalty tax on financial companies for their inexecution of withholding should be exempt. Next, as the deemed dividends, which are taxed as dividend income in the current financial taxation, have the characteristics of CFI, those deemed dividends should be subject to CFI taxation, and thus allowed to calculate taxable net income and carryover tax loss to make financial income taxation more rational. Finally, as the loss from the transactions of derivatives are restricted to consignment guarantee money as of the time when contracts are terminated, the correct meanings of the “consignment guarantee money” and “the time when contracts are terminated” should be clearly prescribed in CFI taxation.