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(영문) 체납처분 가능 여부
조세심판원 질의회신 | 2009-01-09 | 징세과-196 | 기타
Document Number

Disciplinary Tax Division-196 ( January 9, 2009)

Items of Taxation

national discipline;

Journal

In case where the attachment is made by finding out the existence of any other seizable property at the time of the disposition with respect to a person who was disposed of as deficit between December 30, 1996 and December 31, 1999, the extinctive prescription of national tax collection right shall be suspended, and it shall be able to exercise the State's right to collect national taxes.

Congress RESALS

In case where anyone who was disposed of as deficit between December 30, 1996 and December 31, 1999 finds out the existence of other seizable properties at the time of the disposition under the provisions of Article 86 (2) of the former National Tax Collection Act (amended by Act No. 6053, Dec. 28, 1999), the extinctive prescription of the right to collect the national tax shall be interrupted, and the extinctive prescription interrupted by the seizure shall be anew run from the time when the period from the time when the seizure is cancelled until the time when the seizure is cancelled, and the head of the competent tax office may exercise the State's right to collect the national tax, until the extinctive prescription

Related statutes

Article 86 of the National Tax Collection Act

Main text

1. A summary of the contents of inquiry;

A. Factual relations

- Questions imposed capital gains tax of twenty-four million won by transferring a house in 1996, but have been paid (e.g., seizure and public auction) and disposed of as a failure of the project.

- The amount of previous write-off will be restored as it intends to operate a business for a life for more than 10 years, and the amount to be restored as a result of the additional dues will be about 40 million won, so it is remarkably impossible to start and operate even if it would be about 40 million won.

- However, the inquiry is made on December 31, 199 and it is not possible to pay for the previous write-off disposal, as it is found with the care of the surrounding person.

- Details of write-off

The first disposition on deficits: 31,00,000 won on December 31, 1998

Second deficit disposal: 1,526,690 won on February 15, 2001

- Details of seizure

Real estate (○○○-gun, ○○-ri 400 square meters, 1,121 square meters)

Date of seizure: October 7, 1996

Release of attachment: February 10, 200 (Completion of Public Auction)

○○ Life Insurance (Account Number*******) Insurance proceeds

The insurance coverage date: September 29, 1998

Date of seizure: October 4, 2004 and September 20, 2006

The insurance money which can be claimed is at least 500,000 won, but is not subject to seizure at the tax office, and the insurance money is not paid after 2004.

Materns Life Insurance (Account Number******) Insurance proceeds

The insurance coverage date: October 17, 2002

Date of seizure: October 2, 2004

The cancellation of ex officio invalidation on February 3, 2006

(b) Contents of questioning;

- In such cases as above, 31,00,000 won which was written off before December 31, 199 shall not be restored.

2. Materials concerning the contents of questioning (related statutes and established rules);

○ former National Tax Collection Act (amended by Act No. 6053, Dec. 28, 1999)

(1) Where a taxpayer falls under any of the following subparagraphs, the director of the tax office may write off the loss:

1. Where the disposition for arrears is terminated, and the distributed money is short of paying the delinquent amount;

2. Where it falls under Article 85;

3. When an extinctive prescription of right to the collection of national tax is completed.

4. Where it is deemed that there is no possibility of collection as prescribed by the Presidential Decree.

(2) If the director of the tax office finds after making the disposition on loss under paragraph (1), that there was other seizable assets at the time of the disposition, he shall cancel without delay the disposition and effect a default disposition.

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