상속과세 유형전환 및 합리화에 관한 연구

Revision of the Inheritance Taxation

Abolition of the inheritance taxes in the U.S. in 2001 is expected to have a huge impact on tax system all over the world. Capital gains taxation should gradually replace inheritance tax in many countries. Once a system of capital gains taxation has been set up, double taxation of personal income tax and inheritance tax on bequeathed income can be avoided and tax will be levied on unrealized capital gains of the transferor, even with inheritance tax completely abolished. In Korea, however, inheritance tax cannot be discarded with currently, because the capital gains taxation and taxation on the securities such as stocks is as yet not thoroughly established. It is also difficult to introduce a system of capital gains taxation including tax on capital gains on corporate stocks trading. Therefore, an alternative plan to switch from the current donor-base type taxation to the donatee-base type taxation is required. As regards the Korean tax system, the inheritance tax is the only donor-base type tax while the gift tax can be regarded at least structurally as similar to the donatee-base tax. In this sense, it is not too difficult to switch from the donor-base to a donatee-base type taxation. The present inheritance tax law is problematic and should be changed. First, the tax code is such that if the heir cannot prove the use of property or a debt of 200~500 million won, it is immediately classified as inherited property. Such a tax law should be discarded. Second, any legal fiction on donated property of unlisted stocks and convertible debentures should be switched to capital gains taxation. Finally, according to taxation principles on transfer property, once a generation inheritance of assets of one's spouse should not be taxed.