상장주식 양도차익 과세에 대한 문제점 - 대주주 판단 기준을 중심으로 -

Abstract

In the case of listed stocks among the stocks that are subject to capital gains tax, the most decisive factor for taxation is whether the person of stock transfer is a majority shareholder or not. In order to be a majority shareholder of a listed company, one should meet the requirements for the ratio of the owned stocks or the requirements for the value of market capitalization. When determining the requirements under the current income tax law, the stock ownership of not only the person but also other shareholders are judged together. The scope of other shareholders is based on whether the person and related parties are the largest shareholders or not. Under the current tax law, the scope of related parties and other shareholders is too broad. The taxpayer must check the stock ownership of not only oneself but also that of other shareholders to identify whether his or her capital gains from stock transfer are subject to taxation. However, it is very difficult to obtain other people's stock ownership information as it is personal data. Moreover, there could be a privacy protection issue under the tax laws. Due to the difficulties of obtaining accurate stock ownership data of others, it is not easy for taxpayers to predict their own tax burden at the time of acquisition or stock transfer, and they cannot make reasonable decisions for maximizing investment profits. If a taxpayer failed to fulfill his or her tax obligation of reporting the capital gains from stock transfer because of not being aware of the stock ownership of others, penalties will be imposed under the tax law. In addition, the amount of penalties on unpaid tax will increase in accordance with the number of overdue days, thus raising the possibility of the violation of taxpayer’s property rights. Therefore, instead of gradually easing the requirements for majority shareholders as a preliminary step for the full taxation of capital gains from listed stock transfer, it is more desirable to set the standard of taxation based on the stocks owned by each taxpayer at the time of stock transfer, and gradually lower the standard.