가상자산의 기부와 과세상 쟁점에 관한 연구

While virtual asset donations are increasing, some argue that donations should be restricted due to concerns about money laundering and other risks associated with anonymity. This study examines the taxation issues and current status of virtual asset donations and explores countermeasures. To this end, we describe the definition and scope of virtual assets, the permissibility of virtual asset donations and the need for internal controls, and examples of virtual asset donations in the US and Japan. We then outline our response, as outlined below. First, currently, virtual asset donations are only recognized if they are traded on three or more Korean Won exchanges and can be immediately liquidated. Consequently, utility－type virtual assets are excluded from donation eligibility. Second, due to the classification of virtual assets as non－cash assets, the legal provisions for valuing donations at book value are inconsistent with the current practice of liquidating them at market value. Therefore, regulations recognizing the difference as capital gains or losses, as in Japan’s legislation, are necessary. Third, when calculating the book value of virtual assets, the FIFO method of US law, which facilitates profit and loss manipulation by adjusting the type or order of acquisition, is more appropriate than the Japanese gross average method, which is superior in terms of equity compared to stocks and ease of unit price calculation, as the timing of acquisition adjustments are meaningless. Fourth, the US approach, which recognizes different deductions for donations based on whether the asset has been held for more than one year, and Japan’s approach, which allows for the choice between income deductions and tax credits, are not appropriate under Korean law, considering equity compared to other assets.