가상자산에 대한 과세상 취급 및 법제도 정비과정의 시사점

Abstract

As the blockchain technology-based industry grows rapidly, transactions of virtual assets such as tokens, which are its mediums, become active, and the market size of virtual assets is also expanding, the need for regulation and taxation on virtual assets is emphasized. Starting with the overhaul of related systems for regulating criminal activities and illegal money laundering using virtual assets, Korea has introduced a virtual asset taxation system through tax law revision. The revised tax law stipulates that income from the transfer or loan of virtual assets is classified as ‘other income’ and income tax is imposed.
 Major foreign countries such as the United States and the United Kingdom have already imposed taxes on virtual asset income or are developing taxation systems to solve new tax problems(hard fork, airdrop, DeFi services, etc.). Income tax treatment on virtual assets in each country is derived from the definition of virtual assets. Most countries recognize virtual assets as a form of asset. They are generally treated as intangible assets and financial assets other than goodwill, and these assets are considered to generate capital gains.
 As the virtual asset-related market continues to develop, new incidents emerge as virtual asset diversification and segmentation occur, and legislative supplementation through legal revisions is needed to properly respond to taxation issues. Clear laws and guidelines should be provided to address tax uncertainty.
 Therefore, we would like to set a reasonable taxation direction for Korea by considering the tax treatment and legal system maintenance process for virtual assets of major foreign countries. By interpreting taxation guidelines from major foreign countries and analyzing related cases, we intend to contribute to reducing trial and error experienced in the process of legal system maintenance and stabilizing the changed system.