Comparison of business expense provisions of American and Korean tax law to suggest guidance for interpretation and revision of Korean tax law.

详细信息   

• 作者：Kim ; Jaeseung.
• 学历：S.J.D.
• 年：2013
• 导师：Dickinson, Martin B.,eadvisorDickinson, Martin B.ecommittee memberMazza, Stephen W.ecommittee memberHecker Jr., Edwin W.ecommittee memberFord, Allenecommittee member
• 毕业院校：University of Kansas
• Department：Law
• ISBN：9781267953711
• CBH：3554806
• Country：USA
• 语种：English
• FileSize：3833742
• Pages：351

文摘

The purpose of this dissertation is to guide the interpretation and revision of Korean tax law pertaining to business expense provisions. The dissertation consists of 10 chapters. In Chapters 2 through 9, the provisions and their interpretation in the United States and Korea are reviewed and analyzed, the laws of the two countries are compared, and revision and interpretation of Korean tax law are proposed. Chapter 2 explores general provisions for business deductions in the United States and Korea, and then finds the interpretation of the general provision in the United States could be used to interpret or revise the general provision in Korea. Chapter 3 reviews and analyzes illegal expenditures and other policy considerations, especially focusing on the statutory provisions of American tax law, and then suggests guidance to reform Korean law on this matter. Chapter 4-1 reviews and analyzes tax laws in the United States and Korea with respect to a capital expenditure, and then provide interpretative or tax reform guidance for Korea on a capital expenditure. Chapter 4-2 discusses depreciation. Basic elements of depreciation in both countries are reviewed, based on the statutory provisions. It appears that some depreciation tools used in the United States could be adopted in Korea. Chapter 5 discusses entertainment expenses. This chapter presents a standard for a deduction of entertainment expenses in Korea through reviewing and analyzing American provisions on entertainment expenses. Chapter 6 reviews tools for limitation of a loss deduction implemented in the United States, and then provides information for Korean tax reform with regard to limitation of the loss deduction. Chapter 7 describes personal service compensation paid by a corporation, while reviewing the compensatory purpose test, the reasonableness test, the multi-factor test, and the independent investor test, which American courts have developed to interpret reasonable compensation, and then presents tax law reform or interpretative guidance for Korea. Chapter 8 reviews and analyzes the claim of right doctrine and tax benefit rule, which American courts developed to relieve the unfairness arising from the annual accounting system, and then proposes some parts of them should be introduced in Korea. Chapter 9 reviews and analyzes allocation of income and deductions among taxpayers, based on principal provisions to prevent tax avoidance tools in the Unites States and Korea, and then provides Korean tax reform and interpretative guidance regarding allocation of income and expense. Chapter 10 proposes a comprehensive guideline for interpretation and revision of Korean tax law, while combining and synthesizing all conclusions reached in the prior chapters.