주택 공시가격 현실화와 미실현이익 과세 타당성 연구: 헌법 일치성을 중심으로

Abstract

A Realized Listed Property Valuation System has been introduced despite an ever-increasing national tax rate and steady national income. The sale price of residential properties is made obsolete, and their market value is represented now by the realization of their future value. The two concepts are being used interchangeably, thus causing confusion. The variability of the price of standard and individual property is on the rise, and its variability is now higher than that of the rate of inflation. Listed valuations of residential properties are used widely, including in the calculation of national and local taxes and in the area of social welfare. A Realized Listed Property Valuation System must be implemented with a firm understanding of the concept of market value. Listed valuation is closely related to constitutional property rights because it forms the basis of taxation akin to property tax and valuation of total real estate. An increase in the price of individual residential properties does not then represent their market value; to treat such prices as their official value creates a number of problems. A real estate holdings tax raises the issue of double taxation because the tax consists of property tax (local tax) and total real estate tax (national tax). Excessive residential property holdings tax may be taxed on unrealized gains, and total real estate tax must be paid even by those who do not own high-priced real estate. A household owning a single residential property does not pay additional tax on its net property, if the household has any liabilities. Instead, the tax is imposed based on external listed valuation. Taxpayers may be confused by inconsistencies between the tax date and listed valuation date. In today’s aging society, there are cases of owners of a single residential property needing to relocate due to a tax on residential property holdings. In addition, a reform that will not burden owner-occupiers must be found. Owner-occupiers need a review of the introduction of a system that deducts part of the holdings taxes paid at the time of the actual transaction. A holdings tax imposed based on listed valuation of real estate, rather than realized gains and net assets, may violate the property rights of individuals. The criteria for calculating listed valuations must be newly defined and published based on the spirit of the constitution, including the principle of equity in taxation and protection of property rights. Aging families’ and owner-occupiers’ property and tax equity rights may be violated, and their ability to relocate may be restricted by high-listed valuations. The concept of market value and method of calculating listed valuations must be considered and published before realizing listed residential property valuations. The realization of sudden listed valuations may cause a number of side effects. It is hoped that the methods and processes of listed valuations will be reformed in order to help protect the public’s property rights.