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(영문) 수원고등법원 2019. 08. 21. 선고 2019누11114 판결

법인세 인정상여처분에 의한 근로소득세의 부과제척기간 판단[국승]

Case Number of the immediately preceding lawsuit

Suwon District Court-2018-Gu Partnership-2187 (Law No. 16, 2019)

Case Number of the previous trial

Cho Jae-2018-China2663 (2018.05)

Title

Judgment on the exclusion period for taxation of earned income tax due to the disposal of corporate tax;

Summary

(1) The disposition of this case constitutes a subordinate statute with the exclusion period for imposition of ten years, since the exclusion period for imposition has not elapsed at the time of January 1, 2012, which was enforced pursuant to Article 26-2 of the Framework Act on National Taxes amended by Act No. 11124, Dec. 31, 2011.

Related statutes

The exclusion period for national tax assessment under Article 26-2 of the Framework Act on National Taxes

Article 135 of the Income Tax Act (Special Cases on Timing for Withholding Taxes)

Cases

2019Nu1114 Revocation of revocation of revocation of correction

Plaintiff and appellant

AAAA

Defendant, Appellant

○ Head of tax office

Judgment of the first instance court

Suwon District Court Decision 2018Guhap2187 Decided May 16, 2019

Conclusion of Pleadings

oly 2019.24

Imposition of Judgment

8.21.20

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance shall be revoked. On February 12, 2018, the Defendant’s disposition rejecting a request for correction seeking refund of wage and salary income tax of KRW 134,155,850 for the year 207, and wage and salary income tax of KRW 7,335,940 for the year 208, shall be revoked.

Reasons

The reasoning of this court's judgment is the same as that of the judgment of the court of first instance, and thus, it is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

Therefore, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed.