채무면제익에 대한 과세

Abstract

This article deals with issues on the taxation of income from discharge of indebtedness(DOI income). Not a few indistinct aspects remain on the taxation of DOI income in current tax laws. The related provisions will be introduced and analyzed. Individual Income Tax Act, Corporate Income Tax Act, and Restriction of Special Taxation Act provides the taxation of DOI income, the appropriation by the amount of loss, DOI income from debt-equity swap, and DOI income from the adjustment of debt on the reorganization plan. And this paper indicates the problems of Korean systems related to the taxation of DOI income, and presents some suggestions for improving the statutes and practices on the exception of the taxation of DOI income. The income from the adjustment of debt and the income from debt-equity swap need to be equally treated for tax purpose in reorganization procedure. Korean systems related to the exceptional tax treatments on DOI income are ultimately aiming at the harmonization of insolvency law and tax law. In other words, the key points of the systems are to support of corporate or individual reorganization and to maintain the equality of taxation.