[법인세부과처분취소][공1984.1.1.(719),44]
Criteria for calculating market prices of assets under Article 46 (2) 4 of the Enforcement Decree of the Corporate Tax Act
The market value of assets under Article 46 (2) 4 of the Enforcement Decree of the Corporate Tax Act refers to the value of assets which are normally formed by ordinary transactions. Thus, whether to grant authorization for a transfer of value shall be based on the market value or the government's standard market value, only when the normal transaction value cannot be determined.
Article 46 (2) 4 of the Enforcement Decree of the Corporate Tax Act, Article 16-2 of the Enforcement Rule of the Corporate Tax Act
Supreme Court Decision 81Nu90 Delivered on April 13, 1982
Joint Real Estate Co., Ltd., Counsel for the plaintiff-appellant
Head of the Do Tax Office
Seoul High Court Decision 82Gu711 delivered on May 23, 1983
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The grounds of appeal by the defendant litigant are examined.
Article 46 (2) 4 of the Enforcement Decree of the Corporate Tax Act provides that "market price of assets" means the price of assets formed normally through ordinary transactions. Thus, whether to grant authorization for transfer of value shall be determined on the basis of normal transaction price. However, only when the transaction price is unknown, the appraisal institution's market price or the current market price shall be determined on the basis of reliable appraisal institution's market price or the government's market price (Article 16-2 of the Enforcement Rule of the Corporate Tax Act after the amendment of February 19, 1979 clearly provides its purport). However, according to the reasoning of the judgment of the court below, the court below is just in holding that the sale price of the building of this case between the non-party 1, non-party 2 and the trust bank of the non-party 1, and the above market price of the building of this case is 00,000,000 won which is 00,000 won which is the market price of the building of this case as 00,000 won which is 00,00.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young