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Standard and Issue of Real Estate Tax Assessment

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 82(), pp.1-20
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2018
  • Accepted : May 14, 2018

Min, Tae-Wook 1

1한성대학교

Accredited

ABSTRACT

There are two methods for real estate assesment in the taxlaw. One is market value, another is tax standard value. Many tax adopts tax standard value because it is easy to operate with low administrative burdens. Tax equality is the basic principles of the taxlaw. So to use tax standard value for taxation, it should reflect market value properly or same proportion for market price by the types of tax. Many studies point out that current tax standard value is too low by market price and assessment ratio of each real estate is so different that the rate range 10%- 80%. So by using tax standard value in real estate taxation, tax equality can be violated seriously. In real estate acquisition tax, gratuitous acquisition is taxed by self-assessed price by taxpayer without any standards, so it is need to improve. Inheritance and gift tax adopts market value principle, but when taxpayer insists that he can not find market price for land, tax can be is imposed by officially assessed land price which is very low comparing market value. Market value of land can be obtained in varying ways. There are many sales cases, appraisal cases for nearby land by which market price can be obtained So in the Inheritance and Gift Taxlaw, assessment method for land should be improved. Capital gain accrued from real estate is taxed by actual income. But when taxpayer insists that he does not know the acquisition price, the Income Taxlaw admits conversed price for acquisition price, which is calculated by using tax standard value. Misuse that is done by taxpayer or tax professionals is widely spreaded. It is needed to replace other method when taxpayer really does not know acquisition price, though it is rare case. I propose appraisal method because it can achieve better equal taxation and prevent the abuse. And to achieve equal taxation in property tax which use tax standard value completely for tax base, assessment ratio should be maintained uniformly regardless type or region.

Citation status

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