회생절차상 출자전환에 따른 등록면허세의 과세에 대한 검토

Cancellation of Indebtedness Incomes, resulting from Debt-Equity-Swaps, are subject to Corporate Taxes. In order to cope with the taxation of the Cancellation of Indebtedness Incomes, Debt-Equity-Swaps are made at par value in the practice of Rehabilitation Procedures. However, Debt-Equity-Swaps, made at par value, could have increased tax bases of Registration and License Taxes. Due to the revision of the Local Tax Law in 2015, Debt-Equity-Swaps, in the Rehabilitation Procedures, was subject to Registration and License Taxes. It can't be said that the taxation of Registration and License Taxes is unfair because of Reductions of Capital after Debt-Equity-Swaps. Nevertheless, Registration by Commission of the Debt-Equity-Swaps differs from Registration of Issuance of New Shares under the Corporate Law. Therefore, it is justified that the Local Tax Law revised in 2023 and the Debtor Rehabilitation And Bankruptcy Act revised in 2024 exempt Registration and License Taxes on Debt-Equity-Swaps. Furthermore, considering the revision history of the Local Tax Law and the Debtor Rehabilitation And Bankruptcy Act, scope of application of the Local Tax Law revised in 2023 and the Debtor Rehabilitation And Bankruptcy Act revised in 2024 should be interpreted broadly.