Vessel flags of convenience have been regarded as a common practices throughout the world. In the case of Korea, Flag of convenience has been practiced as a method to secure ship funds and to increase quantity of vessels. As a result, Korea could beco...
Vessel flags of convenience have been regarded as a common practices throughout the world. In the case of Korea, Flag of convenience has been practiced as a method to secure ship funds and to increase quantity of vessels. As a result, Korea could become world's 5th largest in maritime country.
Advantages on flag of conveniences are tax savings, savings on labor costs, evasion of regulation and securing vessel funds. However, there are also some drawbacks on flag of convenience; insecurity of vessels and sailors, and rescuing issues during maritime accidents and easiness as tax haven. Leading countries, in many cases, do not levy a tax on flag of convenient; nevertheless, Korean Supreme Court recently ruled that beneficial owner of the ships needs to pay acquisition taxes under the principle of substantial taxation because transfer tax was already imposed as acquisition tax for a certain period of time.
The main purpose of court charging an acquisition tax under the regulation on substance over form doctrine towards a ship sailing under a flag of convenience is to give liability on the beneficial owner of the ship in order to prevent any marine related incident·accident and also to block possibility of tax haven by paper companies. Also, it presented a good example of how government could impose an acquisition tax by applying regulation of substance over form which it was a common practices in problems in taxation of the flags of convenience. This expandability of acquisition tax will strengthen the principle of substantial taxation.
Another important point is that the Supreme Court of Korea stated the very obscure definition of substantial whether the word substantial means as economical substance or not. Accordingly, First, Korean government should levy a acquisition tax under local law with substantially to prevent tax avoidance. At second, We should seek the fairness of taxation throughout economically substantial methods according to the Framework Act on Local Taxes Article 17. At last, The law should continue to levy acquisition tax under the principle of substantial taxation with very economically substantial methods, overcoming the disregard of legal entity.
In Korea most of import and export supply are transported by ship, and it makes shipping industry very important and profitable. However, To achieve fairness of taxation and tax justice under the principle of substantial taxation, and to establish tax system, Korean government should impose acquisition tax to the beneficial owner of the ship with the relevant interpretation of substantial, economically substantial.