메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국경영법률학회 경영법률 경영법률 제20권 제2호
발행연도
2010.1
수록면
581 - 601 (21page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
This article evaluates and suggests ways to improve the provisions for the distribution under partnership taxation as follows;First, currently, the contribution and the distribution to a partnership are treated as taxable events under an exchange approach. This treatment is not consistent with aggregate theory, increases tax compliance and administration costs, and allows tax avoidance opportunities where the fair market value of the distributed property is below its book value. For a remedy, the contribution and distribution to a partnership are treated as non-taxable events until the property is disposed to a third party. Second, the distribution paid in excess of partner's basis of partner- ship interests is treated as deemed dividends to the partner, whereas the liquidating distribution below the partner's basis is treated as capital loss. However it is possible to avoid this dividend treatment by trans- ferring the partnership interests to another partner and the partnership makes a distribution to the buying partner. Moreover, the distribution paid in excess of a withdrawing partner's share of the fair market value of partnership property could be characterized as mutual insurance and compensation for past service, however, the excess is also treated as dividends. For a remedy, current treatment of capital loss should be eliminated, or dividend treatment should be replaced with capital gain treatment. And the distribution paid in excess of a withdrawing partner's share of the fair market value of partnership property should be treated as distributive share of partnership income. Third, the distribution paid in excess of partner's basis of the partnership interests results in the inconsistency between the total book value of partnership property and partners' basis in the partnership interests. Due to this inconsistency, double taxation or double deduction occurs by taxing to withdrawing partner at distribution and to remaining partners at the disposal of partnership assets to a third party. For a remedy, the book value of partnership property should be increased right after the distribution.

목차

등록된 정보가 없습니다.

참고문헌 (5)

참고문헌 신청

함께 읽어보면 좋을 논문

논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0