Asian Tax Journal

Print ISSN 1738-3323 Online ISSN 2733-9270

An Introduction of Capital Gain Tax System to Support Family Business Succession

  • Kim, Wan-il Gana Tax Corporation

Asian Tax Journal Vol. 11 No. 1 (2010), pp. 399-429

Abstract

The purpose of this study support the current associated with family business succession issues and look at the level of support for the plan will be presented. To achieve this, the heavy taxation on gift tax and inheritance tax due to the failure of the family business while simultaneously improving the factors that can keep the tax fairness plan was reviewed. A major improvement on the current family business succession plan is summarized as follows. First, while the subjects of the support of family business succession are long-term business requirements, it is very poor in case for the target to be actually applied to. So, the alleviation of conditions are required. Second, the long-term maintenance requirements for the family business during a certain period of served as CEO of the family business activities do not have time for a period of more than 80/100 while serving as CEO if you inherit a family business will need to be able to deduct Third, support for family business succession, rather than support for the heirs of the maintenance and expansion work is expected to support inheritance, so successors was initiated more than 80% of regular employment are required to be maintained. Fourth, Currently family business inheritance deduction is more than 10 years who have a small business to family business inheritance amount for the amount corresponding to 40% of the maximum support is up to ₩10,000,000,000 This, as well as the tax on capital gains tax is also to give too much support. Support for family business succession, and fair taxation obligations to maintain the family business with a period of tax deferred taxation and the family business during the grace period, if you adhere to one tax exemption, but to sell the family business for the mountain property when the income realization ancestor of the necessary expenses of the successors to the value obtained by deducting the capital gain is realized by calculating the capital gain shall be taxed in carried over. I have confidence that this study will contribute to the removal of tax barriers in family business succession and to the smooth support for succession of the management rights of family business by taking the method that taxes, when the capital gains are realized, as capital gains tax. And also it is expected that from a fair taxation of view the present tax system will be improved.

Keywords

  • Family business succession
  • capital gains tax
  • a tax carried over
  • tax barriers
  • inheritance tax
  • gift tax

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