Method of Calculating transfer margin of veterinary property;

According to Articles 124-2(2) and 48(2)3 of the Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 9794, Feb. 29, 1980), since the acquisition value of donated property shall be based on the normal price at the time of its acquisition, it cannot be said that the acquisition value of donated property is nonexistent, and if the normal price is unclear, the acquisition value is unclear. Thus, even if the transfer value is obvious, it cannot be calculated on the basis of the standard market price.

Articles 124-2(2) and 48(2)3 of the former Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 9794, Feb. 29, 1980)

The Dong National University Scholarship Association, a foundation

The director of Namsan Tax Office

Seoul High Court Decision 82Gu226 delivered on December 8, 1982

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal by the defendant litigant are examined.

According to Article 59-2 and Article 59-3 of the Corporate Tax Act (amended by Act No. 3270, Dec. 13, 1980; Act No. 3270) which was in force at the time of the instant case, gains on transfer, which is the tax base of special surtax, shall be the amount obtained by deducting the acquisition value and the expenses prescribed by the Presidential Decree, from the transfer value, and where the transfer value and the acquisition value are unclear, the transfer value and the amount based on the standard market price prescribed by the Presidential Decree, respectively, shall be the transfer value and the acquisition value, respectively. In addition, in cases where both the transfer value and the acquisition value are unclear and only one of the two values is unclear, the above two values shall be calculated based on the standard market price, and the value of

In determining the same purport, the lower court’s decision that calculated both the transfer value and acquisition value of the assets of this case based on the standard market price is justifiable and unreasonable.

The issue is that since there is no acquisition value and it is unclear that the transfer value of the real estate of this case acquired by the plaintiff, since there is no acquisition value to be deducted from the transfer value, the value based on the standard market price of the property received without compensation was calculated as corporate income, it shall be deemed as acquisition value, and even if the transfer value, which is the actual transaction value of this case, is reasonable in calculating gains from transfer, it shall be deemed as the case where the acquisition value is unclear and the transfer value is calculated based on the standard market price has become illegal in incomplete deliberation. According to Articles 124-2 (2) and 48 (2) 3 of the Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 9794, Feb. 29, 1980; Presidential Decree No. 9794, Feb. 29, 197) which was enforced at the time of this case, the acquisition value of donated property shall be based on the normal price at the time of acquisition, and thus, it cannot be said that there is no acquisition value like theory.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Lee Sung-soo (Presiding Justice)