본문 바로가기
  • Home

Issues in Bill of Aggregate Real Estate Tax Law and its Problems

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 25(), pp.1-32
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Park Hun 1

1서울시립대학교

Accredited

ABSTRACT

The bill of Aggregate Real Estate Tax Law submitted to the National Assembly on November 24, 2004 has a good intention of stabilizing overheated real estate market and imposing impartial taxes on real estates and other properties. However, the bill could be criticized as follows;First, the bill does not exactly correspond to the principles of the substance over the form, equality of taxation, guarantee of property right or prohibition of excessive taxation guaranteed under the Constitution.Second, it is not appropriate to legislate the Aggregate Real Estate Tax as national tax in view of tax autonomy. Since the Aggregate Real Estate Tax is national tax, it is necessary that central government distributes the tax revenue to municipal governments of districts in which such real estates locate. However, if the Aggregate Real Estate Tax was local tax, municipal governments would directly collect taxes on real estates.Third, the two purposes of the Aggregate Real Estate Tax are not appropriate. The government decided to introduce the Aggregate Real Estate Tax in order to stabilize sharply rising housing prices in the latter half of 2001. However, by the time the Tax was introduced, the real estate market was already showing signs of depression. The Aggregate Real Estate Tax is imposed only on the real estates which meet certain conditions. Consequently, it could be considered that the Aggregate Real Estate Tax causes unequality of taxation on real estates. Finally, difficulty of assessing the value of detached houses could be the obstacle of proper operation of this tax system. It is necessary to revise or complement taxable object, taxpayer, tax unit, tax base, tax ceiling and tax return in order to solve aforementioned issues of the Aggregate Real Estate Tax.

Citation status

* References for papers published after 2022 are currently being built.