한중 과소자본세제에 관한 비교법적 연구

Abstract

The taxation regulation of thin capitalization is evaluated as a tax policy to maintain a healthy capital market by regulating the amount of taxes in which the domestic corporation raises the ratio of taxes to the form of interest in the form of interest, and thus regulates the ratio of unreasonable debt to the company’s financial structure. Today, most of the tax authorities in China and Korea and other countries in the world have set up the taxation regulation of thin capitalization and the form is not magor different. However, the coverage of China’s taxation regulation of thin capitalization applies to residents other than non-residents, regardless of whether the recipient receives interest, whereas Korea is limited to non-residents. In this paper, we analyze the effects of the two countries’ taxation through the form of virtual cases based on the current laws of both countries and examine why there is such a difference in the application of taxation regulation of thin capitalization between Korea and China. In conclusion, Korea’s taxation regulation of thin capitalization applies only to foreign-invested companies because Korea’s tax system has a separate discipline system that applies only to international taxation. In other words, Korea classifies those who are paid interest as internal and external, and applies different regulations such as domestic corporation tax legislation, such as the corporation tax law and the non-deduction system, as well as the under capital tax system under the “International Tax Adjustment Act”. On the other hand, China does not separate foreign corporations from domestic enterprise but regulates them under a unified corporate income tax law. As a result, China’s taxation regulation of thin capitalization is considered to be very broad, as it applies to investment activities among residents in addition to international capital movements.