유한책임신탁에 대한 과세

초록

The United Sate and Japan treats trust, that (1) can incur deferal of taxaion or (2) are used for business or investment, as independent taxpayer. The Limited Liability Truat("LLT") shall be treated as independent corporate on the aspect of above (2). However, tax laws revised on 2020. 12. 29. focused on above (1) only. LLT can issue beneficiary certificates and bonds, and its' liability can be limited. On that fact, LLT can take the same role of companies. As a result of that fact, taxation neutrality shall be maintained between LLT and companies. Taxation on each step of LLT's life cycle shall be as follows. 1) LLT's setting up stage(regarding property transfer to LLT from truster): capital gain and VAT taxation on truster, acquisition tax taxation on LLT, 2) LLT's beneficiary certificates issuing stage(regarding property transfer to LLT from beneficiary certificates underwriters): capital gain tax and VAT taxation on beneficiary certificates underwriters, acquisition tax taxation of LLT, 3) Each business period: corporate tax, VAT, acquisition and estate tax taxation on LLT, dividend taxation on beneficiary cetificates holders, 4) LLT's liquidation stage: capital gain tax and VAT taxation on LLT regarding property transfer for liquidation, dividend taxation on beneficiary certificates holders, If the number of beneficiary certificate holders is small, partnership taxation can be used to LLT and LLT's certificate holders. If certain LLT is used as investment conduit without any human and physical resources, that LLT shall be deemed as company specializing in liquidizationa (the Corporate Tax Law Article 51-2) or collective investment vehicle (the Revenue Tax Law Article 17).

키워드