유산기부 활성화를 위한 세제(稅制) 개선방안

Abstract

The social value of donating inheritances to a public-service corporation is beyond doubts whatever the motivation of the donor may be. It is only natural to encourage donations based on the legal and tax systems. This study thus restricted clearly the definition or scope of “donation of inheritance” to inherited property and investigated donation methods based on inherited property and their tax benefits. There are a couple of problems with inheritance donation in the current tax system: first, the deduction of contribution is not recognized for the donation of inheritance in the current income tax law; second, inheritance or gift taxes are imposed on partial profit from the operating profit of the donated property with a focus only on the free nature of donations; and finally, the current tax system had no simple and clear supportive methods like Legacy 10, which would cut down the tax rates directly and was recognized in Great Britain. Based on these, the study made the following proposals definitely needed to improve the current tax system for the activation of donations: First, there is a need to improve the perceptions so that no inheritance or gift taxes will be imposed on small profit gain by affiliate persons such as contributors and their family members compared with the property they have donated for public interest. It is also need to improve the legislations such as the Public Trust Act and additional tax regulations in Articles 16 and 48 of Inheritance and Gift Taxes Act. Secondly, there is a need to introduce a tax benefit method of cutting down tax rates uniformly like in Great Britain. It will be proper to cut down tax rates by 4% unconditionally in each section of standard values for tax imposition based on impartiality and ease of application. In such a case, Article 100, Provision 35 of Special Tax Treatment Control Act should be introduced as a special regulation in Inheritance and Gift Taxes Act.