[법인세등부과처분취소][집30(1),특,123;공1982.6.15.(682) 507]
The meaning of the arm's length price of the assets under Article 40 (1) 2 of the Enforcement Decree of the Corporate Tax Act and the market price of the assets under Article 46 (2) 4 of the same Act.
The arm's length price of assets under Article 40 (1) 2 of the Enforcement Decree of the Corporate Tax Act or the market price of assets under Article 46 (2) 4 of the Enforcement Decree of the same Act refers to the price of assets which are normally formed by ordinary transactions. If there is no example of such transactions or the transaction price is unknown, the government's standard price can be the basis for determining the price.
Articles 40(1)2 and 46(2)4 of the Enforcement Decree of the Corporate Tax Act
Attorney Cho Jong-ok, Counsel for the defendant-appellant of Korea Industrial Development Corporation
The director of the tax office
Seoul High Court Decision 79Gu548 delivered on February 17, 1981
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal by the Plaintiff’s attorney are examined.
Since the arm's length price of assets under Article 40 (1) 2 of the Enforcement Decree of the Corporate Tax Act or the market price of assets under Article 46 (2) 4 of the same Decree is interpreted to mean the price of assets which are normally formed by the same trade, the government's standard market price can be the basis for determining the price if there is no example of transaction or the transaction price is unknown. However, even if the normal transaction price is clearly revealed, the government's standard market price shall not be considered the arm's length price or market price under the above law (Article 16-2 of the Enforcement Rule of the Corporate Tax Act after the amendment of February 19, 1979 clearly provides its purport). The court below's determination on the same purport is justified in light of the reasoning that with respect to the new and new land of this case, the purchaser's market price cannot be known from 00 days to 100 days to 20 days to 20 days to 10 days to 100 days to 200 won to 200 won to 2000 won to 200 days to Ga.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young