In recent years, benefits for family business succession have improved noticeably. When applying special taxation for gift tax for family business succession, the non-tax deduction limit was increased from KRW 500 million to KRW 1 billion, and the tax rate range for applying gift tax special 10% was also changed from KRW 3 billion to KRW 6 billion. Therefore, if you are doing business in self-owned real estate, you may be eligible for special benefits if the business allows for family business succession.
There are special gift tax exemptions and inheritance deductions for family business succession, but there are differences in whether they apply during life or after death. In fact, in the case of inheritance deduction, it is impossible to set a time and implement it because it is impossible to know when inheritance will occur. It is enough to prepare to meet the requirements for inheritance deduction. On the other hand, special taxation of gift tax for family business succession can be implemented if there is a will to make a gift.
The gift tax special treatment does not apply to self-employed individuals. This is because it is a system that only applies to corporate stocks. Therefore, if you have real estate that is operated as a sole proprietorship, you must convert it to a corporation to receive special gift tax treatment. In order to apply the special taxation of gift tax for family business succession, two things must be met.
First, the industry must be right. It does not provide benefits to all industries. In particular, it does not apply to rental businesses, and in cases where real estate is partially used for family business and the rest is rented out, the rental area is distributed pro rata to exclude special taxation of gift tax for family business succession.
Second, you must have been in business for more than 10 years in the relevant industry. Benefits are provided only to businesses that have been operating in the same industry for more than 10 years. If you change your industry mid-term, you can only receive benefits if you maintain the industry for another 10 years. If you operate multiple industries, the industry with the largest sales is the standard. If the industry with large sales changes midway, you will have to run the business for another 10 years based on that industry.
If you operate a sole proprietorship for more than 10 years and then convert it to a corporation, the past sole proprietorship's management history is recognized. The recent authoritative interpretation stipulates that, excluding real estate owned by individual business owners and converted to a corporation, the 10-year period of running a family business is recognized.
Will the hotel also become a family business? In general, hotels are not subject to family business succession. This is because the lodging industry is viewed as a consumer entertainment industry. However, in cases where it is certified as a tourist accommodation business, hotels are exceptionally recognized as a family business succession business. For hotels that are already in operation, certification as a tourist accommodation business is difficult, so it is not easy, but it is worth a try.
Although it is not well known, parking lot ownership can also be inherited as a family business. The attached table of the Enforcement Decree of the Inheritance Tax and Gift Tax Act separately specifies industries according to the provisions of individual laws, and the logistics industry according to Article 5, Paragraph 7 of the Enforcement Decree of the Restriction of Special Taxation Act is listed. Article 5, Paragraph 7 of the Enforcement Decree of the Restriction of Special Taxation Act includes land transportation support service business. In the standard industrial classification table, the parking lot operation business uses code 52915, but it is a subcategory of the land transportation support service industry. If you follow the relevant laws and regulations by industry, you can see that even completely unexpected industries become industries that can be inherited as a family business.
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