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(영문) 대법원 2014. 05. 29. 선고 2014두4320 판결

재위탁한 연구개발비는 재수탁업체의 전담부서 보유여부에 불문하고 세액공제대상임.[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2013Nu26394 (Law No. 29, 2014)

Title

Research and development expenses re-entrusted shall be subject to tax credit regardless of whether they hold the exclusive department of re-entrusted enterprises.

Summary

Research and development expenses corresponding to the sub-entrusted portion are also eligible for tax credit, and it is reasonable to view that research and development expenses corresponding to the sub-entrusted portion are eligible for tax credit even if the entrusted enterprise does not

Related statutes

Article 10 of the Restriction of Special Taxation Act, Article 9 of the Enforcement Decree of the Restriction of Special Taxation Act

Cases

2014Du4320 Revocation of Disposition of Imposing corporate tax

Plaintiff-Appellee

AA Life Insurance Corporation

Defendant-Appellant

Head of the tax office;

Judgment of the lower court

Seoul High Court Decision 2013Nu26394 Decided January 29, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of