This continues from the previous month’s issue.
In the case of building sellers, if it is a difficult market to sell at a fair price like the current one, it is better to give a burdened gift or a gift. However, if the parents give the gift to their children and sell it within 10 years, there is a carryover tax system that calculates the transfer tax based on the parents' initial acquisition price. Since the transfer tax is usually higher than the gift tax, you will have to pay more transfer tax, so you should compare the expected sale price and these two tax burdens.
Nevertheless, compared to a simple sale and a cash gift, a real estate gift and then a sale is relatively more advantageous. You can compare the figures by assuming the actual sale price. In buildings with an appraisal value of 7 billion won or less, it is worth considering this type of gift between individuals. In this case, it is best to include grandchildren if possible.
In addition to individual gifts between parents and children, there is also the option of corporate conversion. In the case of rental businesses, the acquisition tax is not reduced when converting to a corporation, so the burden has increased compared to before. However, since parents bear the acquisition tax due to corporate conversion, it has the effect of prepayment of acquisition tax compared to individual gifts.
However, if the property is sold within 5 years after the conversion to a corporation, the transfer income tax carryover tax will be borne by the parents. There is also an advantage in that the corporate tax rate is applied when calculating the profit from the sale when selling after the conversion to a corporation. Usually, for buildings with an appraised value of 7 billion won or more, a capital succession strategy through conversion to a corporation should be considered rather than a gift between individuals.
The biggest factor in reluctance when converting to a corporation is the belief that funds are tied up in the corporation, but when converting to a corporation through contribution in kind, there is a registered capital equivalent to the net asset value of the real estate appraisal value minus the debt, so it is not a structure where funds are tied up in the corporation. When personal real estate is converted to a corporation and individuals own shares in the corporation, various methods of capital transactions become possible from then on. This is because the real estate owned by individuals is changed into securitized shares and changed into corporate capital.
In this way, during the real estate cooling period, the seller can consider rescheduling the sale after distributing the property to his children and grandchildren according to the size of the building, or convert the property into a corporation and transfer the stock to his children or the children's corporation, and then consider rescheduling the sale.
The strategies commonly used in this succession process include changing the tax items, changing the tax payer, or using tax deferral/carryover to postpone the timing. If gift tax is changed to corporate tax, the tax rate may be lowered, and it can be structured so that corporations pay taxes rather than individuals. When converting to a corporation, capital gains tax is incurred, but in the case of capital gains tax carryover, the amount of capital gains tax is fixed. It is carried over until the corporation sells the real estate, and since the cash value of the capital gains tax amount does not change, the effect of lowering the tax value occurs after a long period of time. Compared to privately owned real estate, there are various succession strategies that can be devised.
On the other hand, for buyers holding cash, it is better to design succession through a corporation rather than transferring cash between parents and children. When lending money between parents and children, the interest rate of 4.6% between special related parties is applied, so even if you lend only 1 billion won, you have to pay 46 million won in interest every year. On the other hand, if the child is a corporation, the story is different. This is because gift tax is not imposed on the annual gift profit per shareholder up to 100 million won. This means that even larger funds can be loaned depending on the shareholder composition.
Continued to next issue.
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