Case Number of the immediately preceding lawsuit

Seoul Administrative Court 2015Gudan52350 ( October 30, 2016)

Title

Since the stock transaction of this case constitutes a transfer transaction, the taxation of capital gains tax determined based on actual transaction price is legitimate.

Summary

(1) It cannot be readily concluded that the balance exceeding 0,00 won is a loan to a legal entity other than the acquisition price, only if the shareholders deposited the acquisition price into a legal account other than the Plaintiff, and the disposition of this case is legitimate as it is determined based on the actual transaction price as a transferor transaction rather than capital increase.

Related statutes

Article 88 (Definition of Transfer) of Income Tax Act

Cases

2016Nu44980 Revocation of Disposition of Imposing capital gains tax

Plaintiff and appellant

United StatesA

Defendant, Appellant

○ Head of tax office

Judgment of the first instance court

Seoul Administrative Court Decision 2015Gudan52350 decided March 30, 2016

Conclusion of Pleadings

October 25, 2016

Imposition of Judgment

November 15, 2016

Text

1. The plaintiff's appeal is dismissed.

Purport of claim and appeal

The judgment of the first instance shall be revoked. Each disposition of the Defendant imposed KRW 00,000,000 on the Plaintiff on January 1, 2014, the transfer income tax of KRW 00,000 for the year 209, the transfer income tax of KRW 00,000 for the year 2010, and the transfer income tax of KRW 0,000,000 for the year 201 shall be revoked.

Reasons

1. Quotation of the reasons for the judgment of the first instance;