가상자산에 대한 소득세 과세를 위한 입법론적 고찰

Abstract

[Purpose]In this study, we tried to argue that it is realistically desirable to tax with other income rather than capital gains when individuals with no business have a profit by trading virtual assets, and to present legislative improvements. [Methodology]To achieve research objective, this study conducted a literature search through domestic and foreign published journal data. [Findings]The main results of the study are as follows. First, in order to tax resident and non－resident’s transactional profits on virtual assets with other income, the current income tax law that regulates the taxable scope of other income are amended to add taxable objects or to include comprehensive system by type, such as interest, dividends, and business income. Second, when calculating the amount of other income for the transaction of a virtual asset, the greater of 60% of the total revenue and the necessary expenses actually incurred is deducted. The deficit allows the deduction of the amount of other income for the taxable period to the limit, and the undeducted carryover deficit is carried over for 10 years so that it can be deducted from the amount of other income. Third, if the holding period of the virtual asset is more than one year, or if the transaction profit of the virtual asset is less than 500,000 won per transaction, do not tax by applying tax threshold. Fourth, when purchasing goods/services and making payments with virtual assets, it is necessary to secure taxation data by compulsory issuance of cash receipts to sellers of goods/services. Fifth, in order to prevent tax evasion by residents and domestic corporations who hold virtual assets on foreign cryptocurrency exchanges, it is necessary to supplement the provisions of the reporting obligations of overseas financial accounts under the Law for the Coordination of International Tax Affairs. [Implications]It is expected that the results of this study will contribute to the legislative improvement for the taxation of income tax on virtual asset transaction gains.