가상자산 양도차익의 과세체계 개선방안

Abstract

[Purpose] This study is to present the problems and improvement measures of the taxation of gains on transfer of virtual assets, which are being raised around the 2030 generation. [Methodology] This study sought to compare and analyze the taxation system and tax burden differences and preparation periods between virtual asset income and similar income. [Findings] The summary of the research results and suggestions for improving the taxation system for capital gains on virtual assets are as follows. First, it is unreasonable in the tax system to classify the gains from the transfer of virtual assets as other income, which is one of the comprehensive income, and the classification and taxation of financial investment income newly established as classified income fits the characteristics of virtual assets. Therefore, it is unreasonable for an entity to recognize a virtual asset as an intangible asset in the income tax method in accordance with an incomplete and interim tentative conclusion by the Interpretations Committee of IFRS. Second, it is necessary to apply the same taxation method and tax burden on the transfer gain of virtual assets as the transfer gain of listed shares of listed shares by minority shareholders. Specifically, the basic deduction, which is the biggest factor in the difference in the tax burden between the two taxation groups, should be raised to 50 million won for the transfer of virtual assets and applied equally. in addition, the same criteria should apply to tax rates and handling carryover deficits. This is because virtual asset transactions through virtual asset operators’ workplaces according to the National Tax Service notice have a similar nature to those of trading minority shareholders of listed stock, so there is a need for the same standard in terms of protecting the economically disadvantaged. However, in order to solve the problem of massive illegal transfer of funds, it is necessary to consider a method of applying a tax method by the major shareholders of listed stocks if the virtual assets’s account amount for each trade center meets the criteria for the major shareholder of listed stocks. Third, it is necessary to postpone the taxation timing on the for the gains on transfer of virtual assets for one year to unify the taxation timing for the gains on transfer of listed shares of minority shareholders and the taxation timing for the gains on transfer of virtual assets. [Implications] Taxable infrastructure had long been established for minority shareholders’ listed stocks, but taxation has been suspended due to tax resistance from stakeholders. With the lack of tax infrastructure, taxation on virtual asset transfer gains urgently plan to be implemented before the timing of taxing minority shareholders’ listed stocks. This is also problematic in terms of equity, but it is likely going to be an unsystematic tax infrastructure.