부가가치세의 대손세액공제에 관한 몇 가지 쟁점- 대법원 2022. 11. 3. 자 2022두49687 판결을 소재로 -

Abstract

This article reviews the issues related to the deductibility of bad debts for VAT that were disputed in the Supreme Court’s decision dated November 3, 2022, and its second trial decision, the Seoul High Court’s decision dated June 10, 2022, and the Seoul Administrative Court’s decision dated November 2, 2021, (hereinafter collectively referred to as the “subject decision”). In the subject judgment, the difference between (i) the book value of the bonds subject to conversion under the rehabilitation plan (KRW 27.2 billion) and the market value of the shares issued through the conversion and share merger (KRW 12.7 billion), and (ii) the plaintiff’s early payment of the debt to the rehabilitated creditors on June 12, 2015. On June 12, 2015, it was disputed whether the difference due to the adjustment of the repayment rate to approximately 83% in accordance with the amended rehabilitation plan could be considered as a bad debt from the perspective of the plaintiff, and the subject decision was negative on both issues. However, in the case of the first issue, there was no reasonable reason to treat bad debts under the VAT law and bad debts under the corporate tax law as the same, and in the case of the second issue, the present value discount should not be considered when determining whether a bad debt exists, and it is not reasonable in that it was considered in the subject decision. I also examined the concept of partially worthless debt, which is common to both issues, and considered that it is acceptable as an interpretation of the current law.