Big Data Taxation Issues

Big data is the generation and analysis of valuable data in large quantities with data, and has recently been developed through convergence with artificial intelligence and the Internet of Things. Big data technology, in which a vast amount of data is collected and who can more elaborately analyze and utilize the collected data, has become an era that determines the competitiveness of a company or country. The economic value of big data is increasing day by day, and companies are generating profits by using big data not only in domestic transactions but also in international transactions. I wanted to study how to solve the problem of taxation on profits generated by big data. As for the taxation of big data, it is important to understand the legal nature of big data, and it is connected to data, which is the root of big data. Therefore, we tried to understand the legal nature of big data through the legal nature of data. Currently, there is no legal concept for big data, but the legal concept of data has been established with the recent enactment of the Data Industry Act. The Data Industry Act stipulates activities related to production, distribution, transaction, and utilization of data and the data industry that provides these services in order to create economic added value. From the perspective of the Data Industry Act, big data can be included in the concept of data under the Data Industry Act or understood as the same concept. The Data Industry Act recognizes that data has economic value, that is, data itself as an asset, but the tax law or corporate accounting standards do not clearly determine which asset is included in data. This can lead to problems with taxation of big data. Therefore, since data or big data is stated to have property under the Data Industry Act, it would be reasonable to regard data as intangible assets and goods by recognizing the nature set forth in the relevant laws in the tax law, and the tax base should be set according to that concept. On the other hand, as the 4th industry develops, big data is expected to increase domestic and international transactions. In particular, since the taxation standards for big data are not clearly defined for each country, international transactions of big data will appear as a problem of tax jurisdiction due to deficiencies in tax laws in each country. In the current situation, tax law interprets data from the perspective of intangible assets, and international transactions of big data are also regarded as international transactions of intangible assets, so it seems that there is no choice but to be taxed.