인구구조 변화에 따른 조세정책 종합 개선방안

In this article we present the research of local agricultural tax policy in Poland. It is a specific kind of tax as its volume depends on an artificial measure, i.e. the price of rye. The article aims to find out if with this construction of tax the local tax policy may be efficient. Our research proves that the lower the share of agricultural tax in property taxes, the more efficient is the tax policy. The reduction in the agricultural tax correlates positively with the growth in agricultural tax in the current year, and also to a lesser extent in the next year. Higher rye prices result in an increased reduction in agricultural tax rates as well as in tax revenues, and the tendency is reversed in the following year.

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.

In recent years, many countries have either abolished inheritance and estate taxes or exempted spouses from these taxes. However, Turkey still levies inheritance tax on foreign spouses and heirs despite an increase in marriages with foreigners. This study examines thirty-two cases of inheritance in Turkey and compares Turkish inheritance tax policies with another eleven European policies using data from OECD statistics and the 2018 Worldwide Estate and Inheritance Tax Guide. It also examines Turkish laws and court cases and identifies several legal issues that foreign widows encounter when inheriting assets from Turkish spouses. Finally, it discusses the potential implications for Turkey’s current tax policies. The results demonstrate that Turkish inheritance tax law is problematic for foreign spouses. Turkey’s lack of tax agreements with other countries increases the problems associated with double taxation. The results also identified the lack of provisions for same-sex spouses and couples as well as couples who live together but are not married, and Turkey trails behind many other European countries in this regard. In conclusion, Turkey should, like many other countries, abolish the spousal inheritance tax, or it should conclude agreements with other countries to avoid double taxation of foreign widows and heirs living in Turkey. Tax law, estate tax, inheritance tax, Turkish spouse, foreign widows, tax policy, tax exemption, double taxation, marriage with foreigners, same-sex spouses

Progressive tax is one of the tariffs, applied in Turkish Tax System. Progression is one of the methods used to reach the power of payment in taxation too. The progressive tax tariff in the Turkish tax system is associated with the income tax. However, succession and inheritance tax has an progressive structure in our tax system.. When the literature is examined, it is seen that the number of studies on this subject is not at the desired level. The aim of this study is to reveal the succession and inheritance tax and to examine the progressive structure. Document review technique has been used in the study. In this context, succession and inheritance tax numbered 7338 and the succession and inheritance tax law general communiqué numbered 50 have been examined in detail. At the end of the study, in succession and inheritance tax; subject, exemption, exception, taxpayer, tax return and tax base have been stated in general. In addition, the tariff structure applied in succession and inheritance tax is presented as a table and the changes of the base slice amounts according to years have been discussed.

ABSTRACTThis article analyses the property tax reform in China in a computable general equilibrium model that recognizes the interaction between and among housing markets in different provinces and macroeconomic development. Using real data in 2010, we present the benchmark equilibrium for reference property and income tax rates. Then, we examine different property and income tax policies and make a comparison of their production, consumption, welfare and national income. We find that the implementation of property tax would decrease the house production at the expense of welfare in taxed area. The expansion of the taxed regions may increase the total social welfare and national income. Even though property tax policy may not be able to change the income distribution in China, increasing income tax rate could narrow the income disparity. Finally, this article shows the reliability of the conclusions when sensitivity analysis on optimal condition of equilibrium computation is performed under varied property tax policy.

The Korean civil law contains a contradiction that it approves the liquidation of property formed during marriage as shared property while a separate property system is the legal property system. Additionally, the strict gift tax assessment on inter－spousal property transactions conflicts with the tax exemption for property division during divorce. According to current laws and precedents, a tax benefit for property division during marriage is granted only if the couple chooses the community property system. However, due to the incomplete legislation on community property, it is practically not being activated. Applying rigorous gift tax on financial transactions between spouses in a situation that the separate property system is inconsistent with the reality of marital property relations is not in line with the principles of substantive taxation. This study aims to point out the issues in the gift tax for financial transactions between spouses based on the judgment of the Korean Supreme Court(September 10, 2015, 2015Du41937) and propose improvements. Specifically, this study discusses the conflicts and inconsistencies between laws regulating financial transactions between spouses in connection with the separate property system, real －name financial transaction system, and property division claim system, and then proposes legislative improvements on the provisions regarding the gift estimation for borrowed－name deposits in the gift tax. Furthermore, this study proposes the fundamental improvements on the problems in the inheritance and gift tax system related to the free transfer of property between spouses from the perspective of setting the income tax assessment unit and the legitimacy of inheritance tax. For cash transactions between spouses, it is reasonable not to apply the legal principles of the gift estimation but to handle them according to the general burden of proof principle. In other words, the tax authority must prove the fact of tax requisition because the principle of experience that financial transactions between spouses can be considered as a gift is not recognized. The judgment of the Korean Supreme Court is significant in pointing out the gap between law and reality when applying the separate property system and gift estimation provisions strictly. Respecting the intention of the precedents, this study suggests excluding gift estimation for financial transactions between spouses through legislation. In the short term, there is a need to legislate amendments excluding gift estimation on borrowed－name deposits for financial transactions between spouses that do not aim to evade tax, compulsory execution and legal restriction. For this purpose, it is necessary to restrict the strict application of the separate property system to gift estimation taxation for financial transactions between spouses where there is a significant inconsistency with reality. In the long term, a revision of the income aggregation taxation and the overhaul of the inheritance and gift tax system between spouses are required to align with the reality of marital relations and achieve fair taxation.

Local Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies.

Local Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies.

On 4 August 2008, two unusually trenchant pieces of commentary on China’s tax policy appeared in Caijing magazine (Xu 2008, Liu 2008). Both took aim at China’s production-type VAT (value added tax), which differed from the international standard consumption-type VAT in that it did not allow the VAT that producers paid on purchases of equipment and other fixed assets to be credited against VAT due on output. This resulted in the nonconsumed portion of GDP being subject to VAT,1 which distorted both production and consumption decisions. The first piece was by Xu Shanda, a former deputy minister of the State Administration of Taxation (SAT). Xu chastised the government’s long-standing hesitation to reform VAT. According to him, the conversion to a consumption-type VAT should have happened during the deflationary aftermath of the Asian financial crisis in 1997, but the government had been too worried that such conversion would result in reduced revenue. What would have been wrong with a little bit of deficit to finance tax reform, Xu asked, especially if the reform, by removing a tax on business investment, would have had the effect of stimulating investment, which the government was trying to do in 1998 anyway? After 2003, once inflation rather than deflation became the primary concern, VAT reform was delayed for the opposite reason: the government was afraid that it would stimulate the economy too much, and, in any case, policymakers might have felt that reform was unnecessary, despite the inefficiencies of the production-type VAT, given how well the economy was going. The result, Xu pointed out, was that there was no backing for tax reform during either boom times or downturns. Fortunately, he claimed, the State Council might occasionally rise above such a political quagmire, and, once a decision was made, VAT reform could be implemented without a glitch.

Motivated by the concern that corporate income tax (CIT) competition may have eroded the tax base, this paper calculates average effective tax rates to measure the impact of CIT competition, including the widespread use of tax holidays, on the tax base for 15 countries in the Caribbean. The results not only confirm erosion of the tax base, but also show that CIT holidays must be removed for recent tax policy initiatives (such as accelerated depreciation, loss carry forward provisions, and tax harmonization) to be effective. These findings suggest that the authorities should either avoid granting CIT holidays or rely more on other taxes (including consumption taxes such as the value-added tax) in order to broaden the tax base.

Employment Effects of the Unemployment Insurance Tax Base

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

Recent work in forest tax theory has stimulated renewed discussion of local government taxes on forests. Several authors, for differing reasons, have found fault with the traditional Fairchild (1935) conclusion that the annual property tax on full market value is always biased against deferred yield forestry (Trestrail 1969, Klemperer 1974, Pasour and Holley 1976). Yet the conclusion among many researchers remains that such a tax is likely to be biased against certain types of forest land use (Bentick 1979, 1980; Klemperer 1978). The proper forest property tax modification, however, is still a topic of much debate. Some suggest that property taxes be levied only on forest land, while exempting timber (Zivnuska 1969, Cartwright and Dowdle 1979) as done in several states, including Tennessee, North Carolina, Iowa, and Alabama (Carlan 1978). Other approaches give partial timber exemptions or replace property taxes with a yield tax at harvest date. This article aims to describe the nature and magnitude of property tax biases against certain land uses. Assuming that tax policy should seek to avoid gross nonneutralities, which could distort market allocation of resources, this study evaluates potential adjustments in forest property taxes that would achieve greater neutrality. The approach will be to review theoretical land use impacts of a property tax on full value of (1) land and improvements for forest and nonforest uses, (2) forest land only, while taxing land and improvements for other uses, and (3) the value of forest land plus forest establishment costs.1 It is found that case (1) would be biased against land uses with long payoff periods or high ratios of improvements to land value, and case (2)

The article notes that the status, form and development of the content of the accounting and tax policy is still not given sufficient attention. The analysis of the current forms of accounting and tax policy has significant shortcomings and gaps. It is common to divide the normative legal acts of the Republic of Kazakhstan into 4 levels in the theoretical publications of Kazakhstan. Accounting policy, which occupies the fourth level among the regulatory documents of the Republic of Kazakhstan, unfortunately, has not yet received a proper assessment and proper place in the organization of the national accounting system. Difficult to understand turns of speech in Russian and Kazakh translations of IFRS create obstacles both in applying IFRS in practice and in developing local accounting and tax policies at enterprises. The article recommends specific examples in the Methodological section of accounting and tax policy “Examples of recognition and valuation of fixed assets – class” Personal computers (PCs) and office equipment”. In the context of the two tables, the dynamics of the accounting records of the movement of this class of assets from the stage of acquisition, current recognition and derecognition are shown. The issued and approved accounting and tax policy should have the status of a regulatory document for internal use and be presented for review to all regulatory and higher-level bodies.

The article analyzes the basic rules of taxation for land tax and property tax. It is considered how to report on property taxes. The cases of payment of land tax by institutions, tax bases with and without cadastral value are analyzed. The variants when the land plot occupies the territory of several municipalities, cases when accounting periods are established and not established by local legislation are considered. The calculation of land tax and advance payments on it, as well as their reflection in accounting, is shown. The rules for determining the composition of property that is considered an object of taxation are considered, the calculation of property tax and the rules for reflecting it in accounting are given. Formulas and examples of calculating the average value of taxable property, residual value, advance payments for property tax for the reporting year, including and excluding benefits, and calculating property tax for the year are given.