수입배당금 익금불산입의 차입금 이자 배제 규정에 관한 연구

The provisions on the exclusion of interest on borrowings are included in the provisions on dividend received deduction, which apply to dividends received from domestic corporations that have invested in other domestic corporations. The amount of dividend received deduction is calculated by subtracting the amount excluding interest on borrowings from the amount multiplied by the rate of non-inclusion on income, and the amount of subtractive interest on borrowings is calculated by multiplying the interest on borrowings by the rate of non-inclusion on income multiplied by the ratio of the amount invested in the invested domestic corporation to the total assets. These regulations on dividend received deduction and the exclusion of interest on borrowings have a fundamental limitation in that the concept or scope of dividends is not clear on income tax law, and the basis for including income dividends in profits is weak from an economic perspective. In addition to these fundamental problems, the following problems can be pointed out. First, the scope of application is too broad in light of the purpose of the provisions on the exclusion of interest on borrowings. Second, there is not only interest on borrowings in expenses that correspond to investment gains on stocks and can be included in deductions, but it is also possible to replace interest on borrowings with other expenses. Third, there is an unreasonable part in the method of calculating the amount of subtractive interest on borrowings. As a way to improve the provisions on the exclusion of interest on borrowings, it can be proposed to reduce the scope of its application and simplify the application method. First, as a way to reduce the scope of application, it was proposed to limit the scope of application to the extent that it can be justified to match the interest on borrowings to income dividends if the purpose of the provisions on the exclusion of interest on borrowings is maintained as excluding interest on borrowings corresponding to income dividends. As an alternative, it was also proposed to redefine the purpose of the borrowings to curb the incentive to borrow funds for the purpose of income dividends and invest in dividend stocks, and to set the scope of application accordingly. As a simplification of the method of calculating the amount to be excluded from dividend received deduction, it was proposed to apply the reduction ratio to the rate of non-inclusion on income instead of calculating the exclusion amount based on the interest on borrowings and the amount of investment.