지주회사의 상표권 유상사용거래와 기업집단 수준의 법인세부담액 절감효과

[Purpose]The purpose of this study is to analyze the effect of trademark royalty transactions on the reduction of tax burdens at the business group level, focusing on transactions between affiliates and the representative holding company within large－scale business groups. [Methodology]The sample consists of affiliates of large－scale business groups subject to external audits as of the fiscal year－end in December 2020 and 2021. Firms that paid trademark royalties were identified based on disclosures in the ‘group brand royalty transactions with affiliates’ section of the report on the current status of large－scale business groups. [Findings]The results of analysis were as follows. First, when representative companies were holding companies, their corporate tax burdens relative to pre－tax incomes were significantly lower than those of non－holding companies. This appears to result primarily from the substantial exclusion of dividend revenue－a major revenue source for holding companies－from taxable incomes according to the corporate tax law. Second, the analysis showed that trademark royalty transactions between affiliates and the business group’s representative company generally resulted in corporate tax savings at the group level when the representative company was a holding company. These findings confirmed that business groups were operated in more favorable tax environments when their representative companies were structured as holding companies. [Implications]This study contributes to the literature by providing empirical evidence of intra－group differences in tax burdens not only in multinational enterprises but also within domestic business groups. Furthermore, it highlights that trademark royalty transactions may be used as a means for tax avoidance, leading to reductions in tax burdens at the business group level.