소득세법상 국외전출세 과세제도의 개선방안

Abstract

The government introduced an exit tax by the revision of the Income Tax Act in 2016 and has been implementing it since 2018 to prevent domestic residents from offshore tax evasion through the transition to non-residents by emigration or departure under the tax laws and to secure taxation authority for domestic source income. This paper suggests ways to harmonize the exit tax and the taxation system under the Income Tax Act as well as ways to remedy the problems of the system. First, the taxation authorities have so far secured tax revenues by using a broad interpretation of residents under the Income Tax Act, but in the future, it will be necessary to clarify the definition of residents and non-residents, and tax revenues must be secured by taxing the income of each step of the transition period. The timing of the transition to non-residents should be clearly identified since taxpayer status changes are the reason for taxation based on the exit tax. In addition, the exit tax should cover the non-taxable area with an extension of the imposition exclusion period or a creation of a deemed residents, under the Income Tax Act after conversion to non-residents. Second, the method of evaluating the market value of unlisted stocks for taxation should be revised. In the short-term evaluation, the previous sale price is applied first. The current law uses a combined assessment method of the Inheritance Tax and Gift Tax Act and the Income Tax Act. However, the assessment method of the inheritance tax and gift tax act needs to be applied. In the longer term, the supplementary assessment method of the Inheritance Tax and Gift Tax Act and the evaluation method of stock value under the tax law should be improved. Finally, in order to resolve the problem of double taxation adjustkment, the articles should be amended that the acquisition value of assets taxed at the time of overseas transfer is adjusted to the transfer value at the time of overseas transfer, or for the re-entry after five years, the articles should be amended to allow an adjusted deduction in the event of an asset price decline. Also, considering both the case of leaving Korea (imposing an exit tax) and the case of entering Korea (imposing a capital income tax), double taxation adjustment should be possible in a way that the tax paid to a source country in a residence country is deducted.