신탁법 개정에 따른 신탁세제 개편 방향에 관한 연구

Abstract

The government is currently leading in the amendment of the Trust Act, and has submitted a revision bill to the National Assembly. If the bill passes the National Assembly and is enforced, the reformation of the trust taxation system is expected in response to new types of trust such as “trust created by self-declaration of trusts" and “trust with successive beneficiaries". Thus, in line with the proposed total amendment bill on the Trust Act, this study aims to examine measures to reform the trust system. They are outlined below. First, the proposed amendment of the Trust Act offers a good opportunity to review and rebuild the trust taxation system. Existing and expected new types of trust should be properly classified according to the content and characteristics of trust and to theories on trust taxation in a bid to systematically refine the corresponding trust system. Second, the taxation system should be clearly defined in order to effectively respond to the merger and division of various types of trust,as well as to new types of trust, such as beneficiary certificates issuing trust, trust with the beneficiary not designated (purpose trust), trust with the corporate trustor as trustee, and trust with successive beneficiaries. Third, from the perspectives of fair taxation, measures should be prepared to prevent tax avoidance using the means of trust, with being mindful of the fact that this measure should not dampen the trust system aimed at invigorating economy. Japan has recently amended its Trust Act totally and reformed the trust taxation system. In this regard, efforts should also be made to consider introducing the trust taxed as corporation of Japan's reformed trust taxation system. Fourth, in offshore trust taxation, the beneficiary's country of residence,the trustor's country of residence, and the country of the origin of income are important factors. In this regard, theories on offshore trust should be reviewed, and relevant regulations should be revamped.