상속세 및 증여세법상 신탁이익에 관한 평가문제 - 유언대용신탁 및 수익자연속신탁을 중심으로 -

Abstract

Revised trust law introduced Will substitute trust and Successive beneficiary trust causing future interest. These trusts have features to exercise dead hand control over property. Interest of trust of these trusts adopted the way of succession property not to separate trust principal and trust interest but to divide income interest and remainder according to priority of beneficiary. By the way, for current inheritance tax law the valuation of interest of trust based on total amount of each value amount which is calculated as a criterion transferee of corpus and interest who based on income concept as inheritance amount. However, these trusts have adopted the way of succession property transferring successive interest as a equivalent asset, and this view seems not to adopt income concept but to adopt property concept for interest of trust for inheritance property. ​Furthermore, perceiving interest of trust for inheritance property as property concept is met current taxation method on bequest as well. Finally, change of view for interest of trust for inheritance property require to prepare basis of imposition of tax for interest of trust for inheritance property, and accordingly new the valuation of it. Thus, on this treatise will suggest the solution for these issues as a inheritance tax perspective. First, for inheritance property, date of valuating of these trusts of interest needs to coincide date of the commencement of inheritance regardless of date of receiving, which becomes date of standard for computing inheritance value amount, and then this tax amount is distributed each beneficiary as sharing rate of trust interest. This treatment method agrees with current taxation method on bequest.​ Also, this approach avoids double taxation by understanding trust income interest as a capital gains. Second, for inheritance tax law, the valuation of interest of trust is following. Step 1, Consider the value of trust property which consists of trust principal and revenue of trust as a inheritance value amount. Step 2 Equalize the sum of corpus and interest to value of trust property. That is “value of corpus + value of interest = 1”, which means “1= value of trust property” Third, Rates of return on corpus and interest needs to be applied separately. That is because corpus is a right to receive property at some future time, becoming mainly remainder interest and income interest is a right to receive the stream of income generated by property for a specified period of time. Current capitalization rate 10% doesn’t reflect rates of return of current types of asset. In order to solve these problems, it needs to be prepared the table like annuity rate which reflects life expectancy and rates of return on investment by the government. Like this, our inheritance tax law provides imposition of tax for interest of trust of Will substitute trust and Successive beneficiary trust, and accordingly needs to rule new the valuation of interest of trust. Through all this stated above, legal stability of trust taxation system will be provided and these trusts will be revitalized.