개정 법인세법의 會社分割 稅制 관련 검토
Tax treatment of incomes regarding Corporate Division in Revised Tax Laws
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초록
Recently, regarding reorganization, there were plenty of amendments in Korean Tax Laws. Regarding taxation on incomes pertaining to division, however, we can find below problems remain even after such amendments. Some of them is expected to be solved through the amendment of regulations in April, 2010. Firstly, regarding the concept of "Qualified Division", it will be necessary to review other country's concept, including Japan. Secondly, it will be necessary to revise relevant provisions regarding "Deemed Dividend". Especially, valuation clauses regarding newly organized corporation's stocks has to be revised. Thirdly, under the revised law, the untaxed retained earnings of divided corporation will not be taxed even when newly established corporation capitalizes such amount to its' capital. This could be blamed because capital conversion of undistributed earnings has to be taxed under the Korean tax laws. Fourthly, regarding retained earnings etc., it is hard to find reasonable background for transferring the tax burden on retained earnings to newly established corporation from divided corporation.
Abstract
Recently, regarding reorganization, there were plenty of amendments in Korean Tax Laws. Regarding taxation on incomes pertaining to division, however, we can find below problems remain even after such amendments. Some of them is expected to be solved through the amendment of regulations in April, 2010. Firstly, regarding the concept of "Qualified Division", it will be necessary to review other country's concept, including Japan. Secondly, it will be necessary to revise relevant provisions regarding "Deemed Dividend". Especially, valuation clauses regarding newly organized corporation's stocks has to be revised. Thirdly, under the revised law, the untaxed retained earnings of divided corporation will not be taxed even when newly established corporation capitalizes such amount to its' capital. This could be blamed because capital conversion of undistributed earnings has to be taxed under the Korean tax laws. Fourthly, regarding retained earnings etc., it is hard to find reasonable background for transferring the tax burden on retained earnings to newly established corporation from divided corporation.
참고문헌 (10)
- 김완석, "법인세법론" (2009), 박영사
- "삼일총서" (2010), 삼일인포마인(주)
- 신찬수, "법인세의 실무" (2010), 삼일인포마인
- 이연호, "법인세" (2009), 광교이택스
- 이창희, "세법강의" (2007), 박영사
- 임대순, "합병과 세무" (1993), 한국세정신문사
- 임승순, "조세법" (2009), 박영사
- 本庄 資, "法人税法 実務と理論" (2008), 弘文堂
- 日本租稅理論學會, "稅制の新しい潮流と法人稅" (2009), 法律文化社
- 武田昌輔, "會社合倂の稅務" (1987), 稅務經理協會