일본 신탁과세제도와 그 시사점

Abstract

The comparative legal research of current trust taxations in Korea and Japan gives some meaningful implications, which are as follows: First, it is necessary to introduce the concept of trust taxed as corporation into the Corporate Tax Law in Korea. Second, the pass-through of losses incurred in trust to beneficiary should be limited to the specific amount under the appropriate loss limitation rules. Third, it is necessary to make clear which trust is to be taxed on the receipt by beneficiaries of trust income without entity-level tax. Fourth, anti-abuse rules are necessary for preventing the tax avoidance through trust created by declaration of trust. Fifth, the taxation of trust with public purpose should be integrated into the taxation of trust without beneficiaries. Sixth, the tax treatments of trust with successive beneficiaries should be clarified on the perspectives of Individual Income Tax, Inheritance Tax and Gift Tax.