증여 여부는 증권공시규정이 상증세법에 우선하여 적용된다고 할 수 없음[국승]
Seoul Administrative Court 2013Guhap9069 ( October 24, 2013)
2012 Tax reduction and 0187 ( December 20, 2012)
Whether or not donation is made shall not be applied in preference to the Inheritance Tax and Gift Tax Act.
(1) The fact that the acquisition price of new shares by a person with a favorable interest under the first instance judgment does not exceed the limit of the discount rate under the above provision cannot be deemed as having no gift under the Inheritance Tax and Gift Tax Act, and the Securities Disclosure Regulations cannot be deemed as having priority over the Inheritance Tax and Gift Tax Act.
2013Nu50397 Revocation of Disposition of Imposition of Gift Tax
NewA
Head of the Do Tax Office
Seoul Administrative Court Decision 2013Guhap9069 decided October 24, 2013
March 26, 2014
April 9, 2014
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Article 8(2) of the Administrative Litigation Act, civil law, since the reasoning of this court's judgment is identical to that of the first instance court.
It is quoted in accordance with the main sentence of Article 420 of the Litigation Act.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.
(c)