부부간 자금거래에 대한 증여세 과세의 문제점과 개선방안: 대법원 2015.9.10. 선고 2015두41937 판결을 중심으로

There are five major Supreme Court precedents related to inheritance and gift taxes for 2022. In this article, the above five precedents were divided into facts, issues, the position of the Supreme Court, and the significance and evaluation of the judgment in chronological order.
 First of all, the Supreme Court's ruling on March 11, 2022, on whether to invalidate the enforcement ordinance related to Article 41 (1) of the former Inheritance Tax and Gift Tax Act, reaffirmed the position of the Supreme Court's ruling of 2015Du45700 on April 20, 2017 and the Supreme Court's decision of 2019Du35695 on September 9, 2021. The above judgment is valid in that the scope of gifts through corporations is limited through interpretation. However, it is necessary to review whether it is right to follow the materiality and clarity test of the illegality of administrative disposition.
 Second, the Supreme Court's ruling on the taxation and additional tax on the deeming property registered in name of another person to have been donated related to the acquisition of new stocks on September 15, 2022 is about the legal interpretation of the old tax and gift tax law in which the gift tax payer was in principle a trustee at the time of title trust. The target judgment judged that the case in which the title truster acquired new shares as collateral and transferred them under the same person's name, but before the transfer was made, the case in which the loan was repaid with the sale price of the existing title trust shares was not different. From the perspective of sanctions on the total amount of property that is difficult to grasp by title trust, it must be judged as the subject judgment. In addition, it was confirmed for the first time that the subject judgment should be based on the name trustee to determine whether the additional tax is imposed based on the taxpayer. If the above logic is applied to the current tax increase law, it should be judged based on the title truster who is liable for tax payment.
 Third, the Supreme Court's 2022Du33712 ruling on the scope of cancellation of disposition on May 26, 2022 reaffirms the previous precedent (Supreme Court March 28, 1997) that only the portion exceeding the legitimate tax amount should be canceled if the lawsuit for cancellation of the tax disposition exists. It is reasonable in that there is no need to appeal again for parts that exceed the legitimate tax amount.
 Fourth, the Supreme Court's ruling on November 10, 2022, 2020Du52214 is a precedent on whether to recognize self-gifts related to Article 45-3 of the former Inheritance Tax and Gift Tax Act (before amended by Act No. 13557 on December 15, 2015). The above ruling is the first case in which the donor and the recipient cannot be said to be the same, even though the controlling shareholders of the beneficiary corporation are shareholders of a related corporation at the same time. Given that agenda regulations that are disadvantageous to taxpayers need to be interpreted in a limited way, it is necessary to review whether the above judgment is correct.
 Finally, the Supreme Court's decision on December 29, 2022 on the method of calculating gift profits according to the comprehensive exchange of stocks followed the previous precedent (the Supreme Court's decision on March 29, 2018) that gift taxes should be levied by applying Article 42 (1) 3 of the former Inheritance Tax Act. In addition, the target judgment clarified the application of Article 31-9(2)5(b) of the Enforcement Decree of the former Inheritance Tax Act (before amended by Presidential Decree No. 20621 on February 22, 2008), which is the basis for calculating the gift property value of a company that becomes a full subsidiary due to stock exchange.

This study aims to propose comprehensive improvements to tax policy in response to the significant social changes brought on by serious demographic shifts resulting from low birth rates and an aging population. Population structure changes can trigger economic downturns, erode national competitiveness, and even pose existential risks to the nation, making it imperative for the government to implement proactive strategies. A key tool in these national response measures is tax policy. Specifically, this study seeks to offer integrated solutions for six major tax categories－corporate tax, income tax, value－added tax (VAT), property tax, local taxes, inheritance tax, and gift tax－to address demographic changes effectively. To date, South Korea has employed various piecemeal tax measures to counter low birth rates and aging trends, but the effectiveness of these approaches has been limited. This research underscores the insufficiency of minor tax credits and emphasizes the necessity of a long－term, comprehensive tax strategy to effectively address demographic transitions. The findings of this study are as follows. First, corporate tax should be restructured to enhance competitiveness, with a focus on simplifying tax brackets and tax bases, implementing a reasonable tax rate, and aligning tax structures with new industrial transformations. Second, income tax reforms should include adjustments to tax systems and bases, a shift to a household－based tax unit, and the introduction of inflation－indexed tax schemes. Third, VAT reform requires a tax rate increase, improvements in exemption rules, and revisions to the simplified tax scheme. Fourth, property tax should be adjusted by switching to a household－based tax unit and introducing measures to reduce the tax burden on elderly taxpayers. Fifth, local tax policy should be refined to promote competitiveness through the integration of local governments into larger administrative units. Sixth, inheritance and gift taxes should be restructured to promote economic circulation, with a focus on abolishing taxes on spousal inheritance and gifts and indexing deductions to inflation. Lastly, to avoid distortions in elderly taxpayers’ economic and fiscal decision－making, tax policies must be carefully adjusted. This study recommends establishing a “Committee on Population Structural Change”, involving tax experts to devise and coordinate tax policies that directly support 1) economic growth and positive economic cycles, 2) policies to support higher birth rates, 3) support measures for the elderly, and 4) policies that encourage broader workforce participation, including that of women and foreign workers.

The article is devoted to the analysis of the peculiarities of the legal regulation of the tax system of local self-government bodies in the Republic of Poland. It is shown that the modern system of local taxes began to form in the 90s of the last century, together with the restoration of the institution of local self-government. Despite the constitutional enshrinement of the right of all local self-government bodies to determine the amount of local taxes, ordinary legislation grants tax powers exclusively to the lowest link in the three-level system - the commune. Financing of the functions and powers of local self-government bodies of voivodships and poviats takes place through deductions from national taxes and fees. The author focuses on the existence of a distinction between the terms "local taxes” and "taxes of local self-government bodies” in the Polish doctrine of tax law. Local taxes are taxes that, by virtue of the law, are a permanent, indefinite and exclusive source of income for local budgets. Meanwhile, taxes of local self-government bodies are payments in respect of which local self­government bodies have tax powers. In light of the accepted criteria, for example, inheritance and gift tax is a local tax, but cannot be called a tax of local governments. Funds from this tax are fully credited to the budget of the territorial community, but local self-government bodies do not have tax authority over it. The list of local taxes is contained in the Law "On Local Taxes and Fees”. However, in reality, this list is incomplete and does not include a number of local taxes that are regulated by other legislative acts. In general, the list of local taxes is quite voluminous, in which only real estate tax, vehicle tax, forest tax and agricultural tax belong to the taxes of local self-government bodies. They meet the formal and material criteria that characterize the "own income” of local self-government units, while others only meet the formal criteria.

A Treatise on the Law of "Inheritance Taxation" and the Federal Estate and Gift Taxes, with Statutes, Decisions and Forms

The integration of machine learning (ML) in supply chain management (SCM) is revolutionizing the way financial transactions are processed, monitored, and optimized. Traditional financial transaction systems within supply chains often suffer from inefficiencies, latency, fraud vulnerabilities, and limited scalability. This paper explores various machine learning approaches that enhance financial transactions in SCM by improving accuracy, speed, security, and decision-making. Specifically, the study examines supervised learning techniques such as regression and classification for credit risk assessment and payment forecasting, as well as unsupervised learning for anomaly detection and fraud prevention in transactional data. Reinforcement learning is also discussed in the context of dynamic pricing, payment scheduling, and financial risk optimization across supplier networks. Deep learning models, particularly those using neural networks, are highlighted for their capabilities in real-time financial transaction processing and predictive analytics in complex, multi-tiered supply chains. Case studies from leading industries demonstrate the effectiveness of ML in enhancing transparency, reducing transaction costs, and increasing trust between supply chain partners. Furthermore, the paper addresses challenges such as data quality, interpretability of models, regulatory compliance, and the need for robust infrastructure to support ML implementation. The research also outlines best practices for integrating ML into existing financial systems and supply chain platforms, emphasizing the importance of cross-functional collaboration among IT, finance, and operations teams. The study concludes that the adoption of ML-driven solutions can significantly elevate the performance of financial transaction systems in SCM, resulting in improved cash flow management, better supplier relationships, and more resilient supply networks. These findings offer valuable insights for businesses seeking to leverage machine learning for strategic financial and supply chain innovation. Keywords: Machine Learning, Financial Transactions, Supply Chain Management, Predictive Analytics, Anomaly Detection, Reinforcement Learning, Credit Risk Assessment, Fraud Prevention, Dynamic Pricing, Transaction Optimization.

In December 2014, the German Federal Constitutional Court declared the Inheritance and Gift Tax Act unconstitutional. The following article presents and discusses the judgment. Instead of trying to comply by changing as little as possible, the legislator should consider a fundamental and consequent alternative: an inheritance and gift tax that treats everybody the same.

According to the Tax Ordinance, tax authorities lose the ability to assess a tax after specified period of time. The passage of this time means that the tax obligation does not turn into a tax liability. It makes paying the tax impossible, because one of elements, which is factor of the creation of a tax liability is a tax amount. If tax organ is unable to assess it due to the limitation period for assessment, the taxpayer cannot pay the tax, because he does not know its amount. The problem is, that according to the Inheritance and Gift Tax Act the tax obligation arises upon acceptance of the inheritance or – when the gift is taxed - upon fulfillment of the promised benefit. At the same time, in another provision of this legal Act, the legislator provides an alternative method for creation of a tax obligation in inheritance and gift tax. This is result of the taxpayer’s information given to the tax organ, that he obtained a benefit, which was not declared for taxation at the appropriate time. The question is, if it is possible to assess a tax due to this event after the expiry of the limitation period, related to obtaining an inheritance or donation. The Author considers this problem, referring to the views of tax law’s doctrine and case law.

This study examines the evolution of family taxation in Spanish Tax Law, with particular reference to direct taxation (Personal Income Tax, Wealth Tax and Inheritance and Gift Tax). As far as Income and Wealth Taxes are concerned, the tax treatment of family units is analysed from a constitutional perspective, with regard to the principles of ability to pay and equality, as well as the different reforms arising from constitutional court decisions, in the case of both joint and separate taxation, and its consequences with regard to the economic status of spouses according to Civil Law, women at work, child care allowances, the tax effects of separation and divorce, and the situation of non-residents. In the case of Inheritance and Gift Tax, the article analyses the situation of spouses and children, and includes a special reference to the problem of unmarried couples.

This article examines whether the Polish inheritance and gift tax is compatible with the free movement of capital in relation to third countries. The analysis covers two provisions: the tax allowance and the personal tax exemption. It is argued that the second provision is incompatible with the free movement of capital in third-country scenarios, since the tax benefit, which can result in factual non-taxation in Poland, is denied to third-country residents who have third-country nationality.

Mobile monetary transaction services are engulfing in most of the developing countries predominantly east Africa and providing financial inclusion to large unbanked communities. Mobile money is an electronic carrier money that allows users and customers to deposit, withdraw, transfer, pay bill, top up and internet recharge through their mobile money system without carrying any hard cash. Mobile money has included large unbanked population in to the financial transaction system which banks have never reached. Though mobile money has changed the traditional way of financial transactions, there are challenges that the new electronic financial system is confronting. First policy, rules and regulations are non-existence as this machinery is embryonic to the commercial environment. Banks who are the ultimate money regulators comprehends the intensification of mobile money as threat to themselves and if they are not involved in the implementation, policy and rules of the currency it will get worse because the telecommunication network operators who run mobile money have no knowledge and experience the financial management. Moreover, governments which are also the definitive money controller are afraid this money transfer platform, because of the scarcity of financial inflation, money laundering, security and privacy vulnerability and terrorist transaction involvements. In all together, the mobile money are changing the traditional financial risk management requirements and transaction policy control environment. In this survey paper we highlighted the importance of mobile monetary transactions, policy, rules, regulations and challenges in the developing east African countries. The paper also outlines the potential security fraudsters and attackers.

For the first time, in two recent decisions, the Italian Supreme Court has provided its view on the inheritance and gift tax regime applicable to trusts. The interpretation provided is in line with the previous guidance released by the Italian tax authorities as from 2007, but conflicts with previous lower court case law: according to the Supreme Court, any deeds through which assets are contributed to a trust are subject to gift tax upon such transfer rather than at a later stage, when the trust assets are distributed to the beneficiaries of the trust.

This chapter incorporates an inheritance tax into the simulation model employed in Chaps. 3 and 4. The inheritance tax adopted here is assumed to arise from the unintended bequests consistent with uncertainty regarding the length of individual life. The problem of choosing a tax base is discussed once again in this chapter. In addition to the three taxes mentioned in Chap. 3, it includes an inheritance tax, and thus examines the effect of the four tax regimes on capital formation. It also seeks an optimum combination of tax schemes, when a progressive expenditure tax is adopted as the nucleus tax.

Anwar Nasution: It is my pleasure to comment on this excellent paper on the important topic of analyzing the People’s Republic of China’s (PRC) reforms over the past decade to move toward internationalizing the Renminbi (RMB). The RMB is beginning to be used as an international medium of exchange in dominating and setting cross-border trade and financial transactions. The paper summarizes the benefits and costs of RMB internationalization from a theoretical point of view. There are also econometric studies on the impacts of RMB internationalization on financial development in the PRC and the estimate of seigniorage revenue of RMB, but there is no estimate on the inflationary tax enjoyed by the PRC from foreign holdings of its currency. In addition, internationalization of the RMB allows the PRC to borrow from the international community with liabilities denominated in that currency without exchange rate risk. Unfortunately, there are no brief summaries of PRC government policies on how to make the RMB become an international unit of account, medium of exchange, and store of value. Also there is no information provided in the paper on the size of capital markets in the PRC: the structural financial system, the size of public sector debt and security market, and their liquidity.

Behavioral Responses to Wealth Transfer Taxation: Bunching Evidence from Germany

The study empirically tests whether regional differences in personal taxes (Personal Income Tax, Wealth Tax, and Inheritance and Gift tax) have had some influence on the decision of the richest Spanish taxpayers to change their residence. The estimates use the Personal Income Tax (IRPF) Panel database provided by the Ministry of Public Finance. The study offers evidence that regional tax differences affect the decision to change residence of the top income taxpayers and also that this decision is also affected by other attractiveness and opportunity factors offered by the regions, and by certain characteristics of the individuals. However, the marginal effects are very slight, except for the coefficient of the variable showing regional differences in IRPF: If the difference between average regional IRPF rates increases by 10 percentage points in favour of the other regions, the probability of a top 1% taxpayer changing its residence increases by 11.2 percentage points. The study also documents the importance of the Community of Madrid in the relocation decisions of rich taxpayers. Finally, the study finds that the behaviour of taxpayers aged 65 years and over in the top 1% does not seem very different from that of all taxpayers in the same income bracket.