Seoul Administrative Court Decision 2013Guhap6404, 2014

Benefits accrued from the listing of new stocks by a corporation after acquisition of new stocks by participating independently in the allocation of new stocks to a third party with a special relationship shall not be subject to taxation.

(1) The acquisition of new shares that are deemed to be acquisition by shares under Article 41-3 (6) of the Inheritance Tax and Gift Tax Act shall be made by means of the acquisition of shares donated by or with compensation from the largest shareholder, etc., or the assets donated by the largest shareholder, etc.

Donation of profits from the listing, etc. of stocks or equity shares under Article 41-3 of the Inheritance Tax and Gift Tax Act.

2014Nu6726 Revocation of Disposition of Imposition of Gift Tax

00AA

The Director of Gangnam District Office

Seoul Administrative Court Decision 2013Guhap64004 decided September 26, 2014

March 4, 2015

April 1, 2015

1. The defendant's appeal is dismissed.

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

1. Purport of claim

On December 31, 2012, the decision that the Defendant reported to the Plaintiff on December 31, 2012 by the OOO(including additional OOO) of the gift tax on the profits arising from stock listing of the BB corporation.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance. Thus, it can be accepted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.