적격물적분할과 적격현물출자 과세제도의 개선방안

Abstract

This study analyzes taxation for spin-off and in-kind contribution, which are intended to support corporate restructuring, and suggests the problem of double taxation for book value succession in case of spin-off which meets the tax deferral requirements (qualified spin-off) and in-kind contribution which meets the tax deferral requirements (qualified in-kind contribution) and improvement for the problem. Furthermore, this study suggests the problem of the inconsistence between qualified spin-off and qualified in-kind contribution. Practical plans to revise tax laws to solve those problems and effectively implement both taxations are suggested as below. First, the gain from sale of assets in qualified spin-off or qualified in-kind contribution should not be recognized. Alternately, acquired assets should be marked to market value not to recognize the asset evaluation account. Second, the requirement of continuity of proprietary interest for qualified spin-off should be alleviated as applied to qualified in-kind contribution. Third, the carryover of tax credits should be allowed in qualified in-kind contribution, while the amount of the carryover should consider the shareholding ratio of contributing corporation. Finally, the repudiation of wrongful calculation should be applied to qualified in-kind contribution with 100% of shareholding ratio as to qualified spin-off.