미국의 도산기업 채무면제익 과세제도에 관한 비교법적 고찰

Abstract

This article deals with issues on the exception of taxation of income from discharge of indebtedness(DOI income) in corporate reorganization case or when the corporation is insolvent. For this purpose, the change of statutes and the development of debates on the exception of taxation of DOI income in Korea and U. S. will be reviewed. Firstly, this paper introduces the histories and the related provisions on the exception of taxation of DOI income in Korea and U. S.. While the provisions of U,S, have been developed through cumulated cases, the provisions of Korea have been made during short-term after 1997 economic crisis. Secondly, the differences and similar points between the exception systems of both countries are reviewed. As making comparison between the exception systems of taxation of DOI income in U. S. and the one in Korea, the systems of both countries are ultimately aiming at the harmonization of insolvency law and tax law in spite of some differences. Lastly, this paper indicates some problems of Korean systems and presents some suggestions from U. S. systems for improving the statutes and practices on the exception of taxation of DOI income in Korea. The key points of the exemption systems of taxation of DOI income are to support of corporate reorganization and to maintain the equality of taxation.