양도소득금액계산 및 세율구조의 개선방안에 관한 연구

Abstract

The improvement plan for capital gain taxation of ‘taxation amendment for Korea' economic take off' released by the pragmatic administration on September 1st, 2008 equalizes the basic tax rate of capital gains tax with the tax rate of global income tax. The amendment is very reasonable because the tax rate of capital gains tax which is different from the basic tax rate of global income tax has been considered as legal regulations which were established for administrative convenience. However, a look into tax rate structure of capital gain tax shows that different tax rate is applied to different taxable asset by taxation regulations. In addition, according to possession period, the current status of possession and whether or not it is registered, different tax rate is applied to the same taxable asset. As the current tax rate structure is too complicated and there is little ground for applying different capital gain tax rates to taxable assets, the following suggestions were made. First, the current system that applies different tax rates by taxable asset should be amended to simplify capital gain taxation. Second, the heavy tax rate of 50% imposed on transfer income for two houses per household under income tax law should be reduced to 40%. Third, the heavy capital gain tax rate of 60% imposed under income tax law on household which have 'more than three houses' and those who transfer 'non-business purpose land' and 'the stocks of corporations which excessively possess non-business purpose land' not only severely damages the principles of speculations on taxpayer compliance but also undermines the fairness of imposing taxes through implementing punitive taxation, violating the principle of taxation. Therefore, the capital gain tax rate of 60% should be reduced to 50%. Fourth, the heavy capital gain tax rate of 70% imposed on those who transfer assets without registering the transaction should be reduced to 60% as punitive regulations on 'transferring assets without registering the transaction' are stipulated in other laws.