商法改正案의 合資組合制度 導入에 관한 稅法的 考察

Abstract

Consideration on the Limited Partnership Tax ClassificationKim, Hee-CheolImporting Limited Partnership and Limited Liability Company, the Republic of Korea is going to amend Commercial Law. As a legal entity, Limited Partnership usually provides fund structures of PEFs, such as Venture Capital, Buyout Fund. One of the characteristics of Limited Partnership is the tax treatment. The entity usually available to elect as an unincorporated entity for federal tax purpose. Partnership classification rules(so called check the box regulations: continuity of life, centralized management, limited liability, free transferability of interests) applied to limited partnerships. Limited partnerships on a substantive level received automatic partnership classification. The Service's release of Revenue Procedure 95-10 allows limited partnerships to receive essentially automatic partnership classification and frees owners to choose their statutory form based on business considerations alone. Revenue Procedure 95-10 represents a positive tax policy development because no valid reason exists to treat limited partnerships differently for classification purposes.Korean tax laws, however, do not provide partnership classification standards. Threrefore, it is unclear how to classify the limited partnership for the tax purpose. So, the author suggests the possible tax classificiation of limited partnership in Korea as well as introduces the United States' tax regulations on partnership and limited partnership.