동업기업의 현물자산과 양도소득

Abstract

Partnership Taxation System has been taken effect on January 1st, 2009. It is more advanced than the Joint Enterprise Taxation System in the respect that the application of the law has been extended. The Joint Enterprise Taxation System has been applied only to the Joint Enterprises between the individuals, but in comparison to the Joint Enterprise Taxation System, the Partnership Taxation System can be applied to the Joint Enterprises between the residents, non-residents, domestic corporations, and foreign corporations. However, it has the potential to become a very complicated law because the income distributed to the residents and non-residents are subject to the income tax, while the income distributed to the domestic corporations and foreign corporations are subject to the corporation tax. Because it is a law which is enacted recently, there is no knowing if it is legislated based on the conciseness of the law. However, although it had been discussed a lot about the problems caused by the inadequacy of the Joint Enterprise Taxation System, the Partnership Taxation System also has inadequate regulations about that problems. For this reason, it has a possibility of falling into confusion. For example, there is a regulation about the assignment income in the Partnership Taxation System. It is applied when an investor invests actual things(goods)-which is subject to the capital gains tax-in a partnership. Although the investments in kind are subject to the capital gains tax, it is very obscure to see it as the capital gains because of the vague regulation, especially in many cases which are mentioned below. The investments in kind are sometimes transferred to the third party, returned in cash or in kind to the investor, or returned in the residual property caused by the withdrawer from the partnership. Also, sometimes the shares of the partners which have withdrawn are returned to the partnership or transferred to another partner. As noticed, the regulation concerning the investments in kind which is subject to the capital gains tax is very ambiguous in the current Partnership Taxation System. Therefore, I wish we could legislate the clear regulations about it.