ScholarWorks@숙명여자대학교

초록

The purpose of this study is to identify problems with current taxation concerning political contribution and to suggest reform for those problems.Under Article 2 of the Political Fund Act, contributions to the party or the candidate for political cause by an individual are not normally allowed. Therefore, the contributions to a candidate or a party by an individual or by a corporation are all illegal.Political donations cannot be deducted as expense because contributions to the party or the candidate by an individual for political cause, normally would not be related to business activity. Thus, such political donations do not constitute an ordinary and necessary income expense.Also, (1) With respect to political funds donated by a resident to a political party (including its supporters’ association under the same Act and Election Commissions) under the Political Fund Act, one hundred thousand won (or less, in case they fall short of the said amount) shall be deducted from his income tax amount for the relevant taxable year wherein it has been disbursed, and the amount which is in excess of one hundred thousand won, if any, shall be either deducted from his income amount, or charged to his deductible expenses within the scope of the income amount less the carryover deficits, in calculating his income amount. (2) The gift tax shall not be imposed on the political funds donated under foregoing paragraph (Restriction of Special Taxation Act Article 76).With respect to an amount falling under the value of property received, as a donation, by a political party, pursuant to the provisions of the Political Parties Act, the gift tax shall not be levied. (Article 46 of Inheritance Tax and Gift Tax Act).The restriction on illegal political contributions is directly realized by political fund act. It is also indirectly realized by tax policy.Basic principle to establish tax policy should not be decided by advancing large donor's political goals or their benefit.It is not desirable to make severe restriction on political contributions. Sometimes it is necessary to support the party's financing for democracy.To reform the taxation concerning illegal political contribution, it must be treated as gifts. Therefore, gift tax should be levied on such contributions except when income tax is levied on such contributions.When a candidate is sentenced with imposition of confiscation, it is inappropriate to impose income or gift tax to political contributions because the tax system should impose tax depending on ability to pay.Tax system is more desirable to support the small amount of contributions for the gross-roots democracy than supporting the big amount of such contributions.Finally, tax penalty should not be enforced to prohibit illegal political contributions. Instead of imposing tax on that. It will be better to find out other policy such as aggravation of punishment or gravity of punishment according to the amount of illegal contributions.

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