부가가치세부과처분취소
1. All of the claims for nullification of the additional dues are dismissed in the instant lawsuit.
2. Each of the plaintiffs' remaining claims.
1. Details of the disposition;
A. As of June 30, 2010 and December 31, 2010, the Plaintiffs hold 2,60,000 shares issued by Co., Ltd. (hereinafter “E”) engaging in construction business in Gwangju-si (hereinafter “E”) (Plaintiff A: 518,70 shares (19.95 percent shares), Plaintiff B: 2,074,80 shares (78.80 percent shares), Plaintiff C: 6,50 shares (0%).
B. As a result of the corporate tax integration investigation into E, the director of the Central Regional Tax Office of Jungbu Regional Tax Office: (a) found that E owned four single-unit houses newly constructed on the ground of 660 square meters of F forest land in Gwangju City, 660 square meters of G forest land, 660 square meters of H forest land, 660 square meters of forest land, and 640 square meters of I forest land, and (b) notified the Defendant thereof.
C. On April 15, 2013, the Defendant issued a notice of correction of the value-added tax amounting to KRW 44,779,850 (including additional tax), and value-added tax amounting to two years in 2010 (including additional tax), on the ground that the Defendant’s donation to Plaintiff B’s children for the key housing owned by E constitutes the supply of goods subject to value-added tax, but, on the other hand, E was delinquent.
Accordingly, pursuant to Article 39 subparagraph 2 of the former Framework Act on National Taxes (amended by Act No. 12848, Dec. 23, 2014; hereinafter the same) on September 18, 2014, the Defendant: (a) designated the Plaintiffs as the oligopolistic shareholder E as the secondary taxpayer; and (b) notified the Plaintiffs to pay each of the above value-added taxes (including additional taxes) in installments at the investment share ratio as follows; and (c) “Additional tax portion” refers to each of the instant additional taxes; and (d) “the remainder of the value-added tax other than each of the instant additional charges” is referred to as “each of the instant dispositions.
Serial Nos. 8,933,580 1,983,210 10,916.