대손금과 대손세액공제의 관계에 관한 고찰

Abstract

[Purpose]The purpose of this study is to suggest a detailed plan to establish the relationship between bad debt under the Corporate Tax Act and bad debt tax deduction under the VAT Act. [Methodology]By comparing the provisions on the reasons for bad debt under the Corporate Tax Act and the reasons for bad debt tax deduction under the VAT Act, and the timing of the bad debt and the timing the bad debt tax deduction, I analyze the factors that cause the discrepancy between the two and derive measures to resolve the difference. [Findings]If the acquisition price of stocks obtained through debt－equity swap is in principle assessed at market value, and special provisions exclude debt exemption gains from taxation, the reasons for bad debt and the reasons for bad debt tax deduction become aligned. In addition when the claim is not legally extinguished, if the treatment of the bad debt tax deduction is changed from return adjustment to closing adjustment, the timing of the bad debt and he timing of the bad debt tax deduction become aligned. [Implications]Through this study legal consistency can be expected by suggesting a method to match the reasons for bad debt under the Corporate Tax Act and the reasons for bad debt tax deduction under the VAT Act, and the timing of the bad debt and the timing of the bad debt tax deduction.