Much more different forms of tax avoidance cases occur, depending on further complicated economic environments and such. Now, taxation authority’s important roles are to prevent and block the tax avoidance for realization on citizen’s tax obligati...
Much more different forms of tax avoidance cases occur, depending on further complicated economic environments and such. Now, taxation authority’s important roles are to prevent and block the tax avoidance for realization on citizen’s tax obligation fulfillment and consideration for tax equity and establishment of tax justice.
To prevent and block highly intelligent and further complicated tax avoidance and to carry out roles of tax avoidance prevention initially, there should be a basis so that the specific regulation related to taxation under the local tax and individual income tax act can be applied in the case of meeting conditions in the general tax avoidance regulation. Improvements in the general tax avoidance regulation under 「Framework Act on Local Taxes」for being assessed as typical acts or transactions and for being taxed are necessary.
Next, the case that the tax authority lost its suit from the judgement of the court, one of previous tax avoidance cases or the tax avoidance case that is highly probable should be blocked by improving the regulation related to the individual substantial taxation of each local tax and individual income tax such as 「Local Tax Act」.
Through this, the tax equity will be considered and the tax justice will be realized because the tax authority taxes people with taxable capacity in accordance with that substance regardless of those forms and appearances and regulates the unfair tax avoidance in the case of adopting unreasonable forms or appearances highly different from the tax requisition for the tax avoidance as the practical principle realizing the principle of equity, the purpose of the principle of substantial taxation and the constitutional idea in accordance with the tax law concerned.
problems of the regulation for the general or individual tax avoidance prevention related to the principle of the substantial taxation of the current local tax were found and improvement alternatives on them were suggested by drawing implications through a study in the current situation on the substantial taxation of the local tax and the regulation for main countries’ principle of the substantial taxation such as the significance on the principle of the substantial taxation and the framework act on local taxes for preventing the tax avoidance and the regulation on the principle of the substantial taxation under the local tax relations act and the relationship among tax avoidances.
First, separate improvements in Section 1 and 2 that haven’t specially operational problems about Article 17 of the framework act on local taxes, the regulation related to the general principle of the substantial taxation are unnecessary. Section 3 that has not the regulation suggested improvements by considering legal interpretation and operational confusion when it differentiates itself from local tax’s characteristics and the regulation for current national tax’s general tax avoidance prevention by examining the relationship with the regulation for the general tax avoidance prevention such as the framework act on national taxes and words corresponding with subjective and objective requirements.
Next, taxpayers avoided their taxes. However, the original purpose of the regulation wasn’t considered and the principle of the substantial taxation wasn’t also applied because of the judgement of the court and such. Tax avoidance cases were highly probable. the original purpose of the regulation and the sustainability of the original meaning were considered for guarantee of taxpayers’ predictability or legal stability and tax equity. When the title trust of stocks was canceled, the tax authority taxed oligopolistic shareholders’ deemed acquisition about the part that the tax authority could not tax their deemed acquisition and it also heavily levied acquisition taxes about the part that it couldn’t heavily levy acquisition taxes of rental buildings in large cities. Improvement alternatives were suggested by considering the original purpose of that institution through this.
As above, as two values can be compatible through the method that sets minimum restrictions on everything to minimize the principle of the substantial taxation related to the principle of the constitutional equity and conflicted problems among principles of no taxation without law for taxpayers’ right protection, this will help the establishment of the tax justice through taxpayers’ predictability and protection of legal stability and consideration for tax equity. Further, it is expected that this will contribute to developments of local self-government through the operation of stable local finance.
Key Word : Principle of Substantial Taxation and Principle of no Taxation without Law and Tax Avoidance and Local Tax