양도소득세부과처분취소
1. On February 1, 2012, the Defendant imposed an imposition of capital gains tax of KRW 80,207,140 (including additional taxes) on the Plaintiff for the year 2010.
1. Details of the disposition;
A. On September 13, 2007, the Plaintiff acquired housing located in Singapore (BICN SINGPRE, hereinafter “instant housing”) from USD 894,900 (SGD; hereinafter “SGD”) and transferred it to USD 930,480 on November 15, 2010.
The detailed details of acquisition and transfer value shall be as follows:
The acquisition value of KRW 552,224,893 ($ 894,90) = 169,29,711 local loans ($ 617,08,00 at the time of acquisition) remitted in Korea = USD 803,097,288 ($ 930,480) transfer value of local loans ($ 617,08,00 at the time of acquisition) = USD 200,634,886 local loans remitted in Korea, USD 676,071,17,808.83 other expenses ($ 21,808,00 at the time of transfer).
B. On June 2, 2011, the Plaintiff reported and paid KRW 2,636,99 of the transfer income tax for the year 2010, calculated by deeming the acquisition value and transfer value of the instant house to be the amount excluding overseas loans (hereinafter “the instant loan”).
C. On February 1, 2012, the Defendant issued a correction and notice of KRW 80,207,140, which calculated capital gains tax after deducting the amount already paid from the amount calculated by applying the basic exchange rate at the time of sale by deeming the acquisition value and transfer value of the instant housing, including bank loans, to be the amount converted by applying the basic exchange rate at the
(hereinafter referred to as "the Disposition in this case"). [Grounds for recognition] The Disposition in this case does not dispute, and Gap 1 through 14 each entry
2. Summary of the parties’ assertion
A. The plaintiff's assertion: The loan of this case is a loan to be raised on the local level, and simultaneously with the acquisition and transfer of a house, and thus, the transfer marginal profit cannot occur due to its nature, regardless of the fluctuation of exchange rate.
The term "foreign currency conversion of gains from transfer" under Article 118-4 (2) of the Income Tax Act is not based on the elements that could not arise from the gains from transfer, and thus, the loan of this case is not reverted to the Plaintiff.