신탁 관련 부가가치세법 개편방안

Abstract

The trust was a system that began with the British and American law system. This Institution was not a frequently used system in Korea. However, trust has become increasingly frequent in recent years. So, in 2011, the legislator completely revised the trust law in 60 years. The purpose of the 2011 law revision is to make the trust system more usable. In fact, the frequency of use of the trust system is increasing every year. As of March 2020, the amount of property entrusted by the trust system amounted to 985 trillion korea won, which is equivalent to 53% of Korea's GDP of 1,845 trillion. As the trust system was used more and more, the voice of asserting the imperfection of the trust system in Korea was growing. So, the legislator is preparing to revise the tax system related to the trust in 2020. This article studied which revisions are needed in the field of VAT. The article divided the areas requiring revision into five issues. Of course, the most important issue is who will be the VAT payer. Currently, the truster is defined as a taxpayer in principle. In addition, the law recognizes two exceptions in which the trustee becomes a taxpayer. In this article, it was suggested that the trustee be a taxpayer. This is consistent with the conclusion of the 2017 Supreme Court decision. The article also suggests a second alternative to making the beneficiary a taxpayer. In this case, the exception in which the trustee is the taxpayer must be expanded more. In addition to the issues related to taxpayers, issues related to business place decisions, taxable transactions related trust, understanding transfer of profit rights, and issues related to forced execution were also addressed.