Housing is one of the essential resources for living a life, and it is
difficult to acquire alternative houses of the same value if taxes are
imposed on the transfer of one housing for real residence purpose. In
response, the Income Tax Act provides a...
Housing is one of the essential resources for living a life, and it is
difficult to acquire alternative houses of the same value if taxes are
imposed on the transfer of one housing for real residence purpose. In
response, the Income Tax Act provides a non-taxable system for
stabilizing housing and freedom of residence transfer if certain
requirements are met when transferring a single house owned by a
single generation.
However, this non-taxation system of transfer income tax for one
house per one household does not reflect the changes in the times,
including the fundamental institutional problems that non-taxation
systems have and there are problems such as the legal system that
reflects the real estate market in the past. Therefore, this study aims to
suggest improvement plans to solve these problems.
First, In the current capital gains tax, there are residence
requirements and ownership requirements as non-taxable requirements,
among which residence requirements are limited to specific areas. For
the purpose of the non-taxation system, more focus should be placed on
residence than on ownership and in the case of major countries such as
the United States, the United Kingdom, and Japan, non-taxation system
does not apply if they do not live. Therefore, it is reasonable to expand
the residence requirements nationwide and further apply non-taxation
only for the actual period of residence.
Second, If the taxable capacity is different, the tax burden must be
different, and if the taxable capacity is the same, the tax burden must
be the same. However, if you meet the non-taxation requirement, you
will infringe equality of tax burden principle because there is no tax
and it is a different source, but the issue of equity arises between the
same income. In addition, there is a possibility of dispute because it is
applied differently by case when judging ‘household’. Therefore, this
study proposes a tax deduction method with a non-taxation limit for
taxes that occur when one household transfer one house. This
non-taxation limit is applied to each household, but it is reasonable to
change the limit every time the number of family members increases, or
to limit the limit by individual so that it can be adjusted together when
family members are changed to various situations such as marriage or
divorce.
Third, not all one house of one household is non-taxation, and if it is
an high-grade house, it is taxed if it exceeds the standard amount
grade. However, since the standard amount grade of these high-grade
houses has not changed for more than a decade since it was set up in
2008, it should be raised in line with the current housing market
situation. In addition, there is a special deduction for long-term holding
to prevent the bunching effect and adjust inflation when transferring
houses, and special deduction for long-term holding rate of one house
per one household is excessive, so it presents an ‘average inflation
deduction' that directly adjusts inflation.
Fourth, In order to acquire a house, a considerable number of people
receive mortgage loans, repay them for a long period of time and incur
interest costs, which are essential expenses for obtaining capital gains
so it should be deducted as necessary expenses. In addition, other
incomes can be totalized under the Income Tax Act and the Corporate
Tax Act and the Income Tax Act allow for the loss of carryover.
Therefore, if the loss occurs due to the transfer, it is necessary to
allow the deduction of carryover from other income.