[상속세부과처분취소][공1996.6.15.(12),1764]
The maximum amount of the farmland inheritance deduction;
According to the principle of no taxation without law, Article 11(3) of the Inheritance Tax Act cannot be deemed to apply mutatis mutandis to the tax credit for farmland inheritance. Article 11-3(3) of the Inheritance Tax Act is clear in the text that, in case where the tax amount of farmland is included in the tax amount of pre-sale donation, the tax deduction for farmland inheritance is excluded in itself, and that the amount of the tax credit for farmland inheritance is not limited to the balance after deducting the amount of pre-sale donation from the taxable amount of inheritance tax, which is not the provision that the amount of the tax credit for farmland inheritance is not limited to the balance after deducting the amount of
Articles 4, 11(3), 11-3(1) and (3), and 11-5 of the former Inheritance Tax Act (amended by Act No. 4662 of December 31, 1993)
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant) and 1 other (Law Firm 1995Sang, Counsel for plaintiff-appellant)
Plaintiff
The Director of the North Korean Tax Office
Gwangju High Court Decision 94Gu4171 delivered on May 18, 1995
The appeal is dismissed. The costs of appeal are assessed against the defendant.
The grounds of appeal by the defendant litigant are examined.
With respect to the farmland inheritance deduction under Article 11-3 (1) of the Inheritance Tax Act (amended by Act No. 4662 of Dec. 31, 1993; hereinafter the same), Article 11-5 of the Act provides for the comprehensive limit of KRW 100 million for the farmland inheritance deduction under Article 11-3 (1) of the Act, but does not provide for personal deductions that limit the deduction for the pre-living donation amount (hereinafter referred to as the "pre-living donation amount") added to the value of inherited property under Article 11(3) of the Act. However, in principle, it cannot be deemed that Article 11(3) of the Act applies to this farmland inheritance deduction under the no taxation without law. In addition, Article 11-3(3) of the Act provides that the farmland inheritance deduction itself is excluded from the taxable amount of inheritance taxes, but it is clear that there is no provision that the amount of farmland inheritance deduction, including the pre-living donation amount, is limited to the balance of the remaining donations from the taxable amount of inheritance taxes.
The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles or incomplete deliberation concerning the limit of the amount of farmland inheritance deduction like the theory of lawsuit.
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Chocheon-sung (Presiding Justice)