교차계약에 따른 보험차익 증여의 제규정에 관한 연구 - 미국 연방세법 Ownership Test 규정을 중심으로(IRC Sec.2042) -

Abstract

The contemporary life insurance products have been hugely controversial on the application of the current tax laws due to the unspecified tax rules although the highly complex free-form gains on insurance settlement has been created by the「Mixing by the cross contract between the policy holder and the insured」. The tax rules for essential gains on insurance settlement in the life insurance products are required for releasing new insurance & financial products are complex and have been altered. The legislative improvement of the tax rules for gains on the complex, evolved, and mixed insurance can provide the original roles and functions of the of substantial taxation more than the consideration of the actual convenience. This study suggests any tax legislation based on any income for gains on the insurance settlement created by the mixing of the policy holder and the insured. Such new legislation can keep be legally stable on the tax execution between taxing authorities and taxpayers and provide the original roles and functions of the of substantial taxation. This study discusses the tax rules for gains on the insurance settlement due to the mixing contract if any insurance product is contracted by「mixing the policy holder and the insured」. If the beneficiary of the insurance benefit and the payer of the premium are different, the equivalent of the insurance benefit created and paid by any insured accidents is regarded as the inherited property (Value of Gifted Property) of the beneficiary. In addition, if the beneficiary pays the premium with the property gifted by other people for the insurance contract period, the equivalent value, which excludes the paid premium from the equivalent of the insurance benefit for it, is regarded as the inherited property (Value of Gifted Property) of the beneficiary. On the other hand, if any policy holder pays the premium of the coverage insurance with own direct income, the gain on the coverage insurance settlement is non-taxable. Such rules are highly debatable on the one’s income scope of the taxpayer in the actual taxation. For example, if any beneficiary takes the premium to be paid in advance and the insured has died, the gain on the insurance settlement can be taxed as the additional gift tax. This study discusses whether it is desirable or not. Based on such discussion, this study suggests the improvement and legislation so that the same tax rule can be applied for any death benefit obtained due to one’s direct income, directly gifted income, or indirectly gifted income.