금융투자소득세의 현황과 과제 ― 원천징수를 중심으로 ―

This study reviews the arguments of those who support the suspension and those who support the implementation of the financial investment income tax in 2023. In terms of tax execution and enforceability, problems and improvement measures that may arise when the financial investment income tax is implemented in its current form are presented. Regarding the timing of the implementation of the financial investment income tax, those who argue that the implementation of the financial investment income tax should be postponed to 2025 or abolished for fear of worsening the financial market. On the other hand, those who argue that the financial investment income tax should be implemented say that the financial investment income tax is superior to the existing tax, and even if the financial investment income tax is implemented, the impact on the financial market will be minimal. The problems and improvement measures of financial investment income tax to be presented in this study are as follows. First, since the financial investment income tax is applied to income generated after the enforcement date of the law, the tax acquisition value of financial investment products acquired before the enforcement date must be identified, but this is impossible in practice. In order to solve this problem, it is necessary to tax only financial investment products acquired after the law enters into force or to expand the application of the deemed acquisition value. Second, restricting the withdrawal of withholding tax is not binding under the tax law, so there is a problem that it cannot be used as a means to secure funds for withholding tax. In order to secure funds for withholding tax, the withdrawal restriction shall be abolished, and taxes shall be withheld when income is paid. In addition, the tax amount must be settled on the end of the withholding period. Third, if taxation on deemed dividends is combined with financial investment income tax, an additional burden is incurred to maintain the two taxation systems, and the method of taxation varies depending on when taxable income of the same nature occurred. In order to solve this problem, it is necessary to discuss converting deemed dividends into financial investment income. Finally, it is unreasonable to impose penalty even if there is no fault to financial companies. In order to solve this problem, it is necessary to revise related regulations so that the penalty for underpayment of withholding tax is not imposed when there is no fault to financial companies.