재개발 재건축 관련 조세법상 쟁점과 정책과제

Abstract

In our country, the houses supplied in large quantity due to industrialization and urbanization since 1970 became deteriorated as time passed by while redevelopment and reconstruction of houses have played a key role in creating new residences in a limited space of cities as the living standards of people have improved to have higher desire toward housing improvement. The above-said redevelopment and reconstruction projects raise complicated tax issues not only for the union members concerned, but also to the union. Among these tax issues, if the problems of current tax system and its improvement plans are presented centered on capital gains tax, corporate income tax, individual income tax, and VAT, they’re presented as below. First, the investment in kind of maintenance project union members’building or its attached to the investment project union should not be seen as transfer. Secondly, residency rights of union members are subject to taxation in the field of capital gains tax. In this case, the residency rights of union members are generated after management disposal plan is approved, and the existing residency rights would be converted to real estate based on transfer notice. Third, there is problem of capital gain tax and double taxation because reconstruction charges have the characteristics of tax in reality. Therefore,it is reasonable to deduct taxes in a short run, abolish reconstruction charges and only imposing capital gain tax in a long run. Fourth, in case the residence rights of union member are brought up as a house, it is proper to apply the special deduction for long-term possession. In this case, the heavy taxation rate system of capital gains tax should be abolished, and all the assets should be changed into excess progressive rate structure. Fifth, in case the Housing Reconstruction Maintenance Project Union distributes an amount equivalent to development profits deducting prime cost of construction from general sales income to make up for the construction cost to be paid by each union member, the gains of each member is seen as dividend income. However, because this interpretation would impose double taxation along with capital gain tax, it is reasonable not to consider as dividend income. Sixthly, because maintenance project union is actually a joint project of union members, it is reasonable to impose capital gain tax without imposing corporate tax. Finally, because the maintenance project union providing home to union member is unreasonable to consider as supply of goods in terms of imposing VAT, a legislative improvement specifying the ones supplied by redevelopment union, etc to union members as subject of tax exemption according to VAT Law would be necessary.