The transfer income tax system, which was enacted in 1975 for controlling speculation in real estate, has been revised several times until now. Compared to that in the past, the current transfer income tax system as of January 1, 2007 has the four cha...
The transfer income tax system, which was enacted in 1975 for controlling speculation in real estate, has been revised several times until now. Compared to that in the past, the current transfer income tax system as of January 1, 2007 has the four characteristics as follows.
First, the actual transaction prices is fully reflected.
Second, the actual transaction price is fully exposed as it is recorded in the transcript of the register.
Third, a high tax rate (60%) is applied to absentee landlords.
Fourth, absentee landlords are excluded from the benefits of special deduction for long-term ownership.
These are radical changes from the past. In particular, there are appearing many cases of absentee landlords who give up selling their lands in fear of taxes, and ordinary land transactions are also being discouraged. In many cases, the actual acquisition price cannot be proved in the process of applying the actual transaction price, and the calculation of converted acquisition costs used in such cases also have several problems.
The present study purposed to find solutions for problems in the current transfer income tax system. For this purpose, we reviewed relevant literature, collected and analyzed cases of transfer income taxes, and conducted a questionnaire survey on the transfer income tax system.
The questionnaire asked the respondents’ demographic characteristics such as the place of residence, age, occupation, academic qualification and whether to have lands in non-urban areas. Concerning the transfer income tax system, we asked questions on differentiated tax rate, special deduction for long-term ownership, deduction for self-cultivated farmlands, farmlands for weekend agricultural experience, and the actual transaction price system. In addition, the questionnaire contained 4 questions with regard to the effects of transfer income tax on land transaction, land price, etc. Lastly, we surveyed the respondents’ opinions on speculation and their preference for investment in real estate.
The survey was conducted for a month from April to May, 2007 in urban and non-urban areas, and questionnaires were collected from 380 persons including civil servants, office workers, self-employed persons and specialists in various areas.
Of the collected questionnaires, those unanswered or answered unreliably were excluded and a total of 300 questionnaires were input into the computer and processed using SPSS V.12 for Windows according to the purposes of analysis. Frequency analysis was mainly used.
From the results of this study, a number of problems were found and solutions for them were proposed. They are summarized as follows.
First, we proposed a method for correcting problems in calculating converted acquisition costs, which are applied when the actual transaction price on acquisition cannot be proved. While the current system calculates the converted acquisition cost simply based on the declared land price on transfer and on acquisition, the converted acquisition cost proposed in this study is calculated using the market value reflection coefficient in order to avoid taxation on nominal gains from inflation and the fall of currency value.
Second, we proposed giving special deduction for long-term ownership to landlords who purchased their lands before August 31, 2005 as a way of overcoming the tax resistance of absentee landlords who are excluded from special deduction for long-term ownership, which has been regarded as a benefit for long-term owners compared to speculative investors, from 2007 and as an alternative to concentration effect and freezing effect.
Third, we suggested the expansion of farmlands for weekend agricultural experiences for the efficient operation of the system according to its original purposes.
Fourth, as it was considered necessary to adjust the criteria for distinguishing absentee landlords and non-business lands, we suggested new criteria reflecting changes in environment such as the development of transportation and agricultural technologies and the mechanization of agriculture.
Fifth, as a solution for stabilizing land transaction and land price, we suggested excluding absentee landlords from heavy taxation when the buyer is a resident of the locality of the land or of a neighboring city or county and when the buyer submits a business plan such as the construction of factories and the mayor or magistrate approves the plan.
Further research is necessary to see if these proposals are immediately applicable to practice. In particular, our questionnaire survey and study revealed limitations such as the disorganization of declared land price, people’s tax mentality "the less the better," and the complexity of the transfer income tax system.