Article 45 (1) of the Enforcement Decree of the Income Tax Act

Article 45 (1) of the Enforcement Decree of the Income Tax Act is merely an example of the criteria for recognition in cases where a taxpayer asserts that he is a transfer of security, and it is not a provision to the effect that a copy of a contract meeting the requirements is not attached to the final return of tax base.

Article 45 (1) of the Enforcement Decree

Supreme Court Decision 83Nu287 delivered on September 13, 1983, 84Nu10 delivered on October 10, 1984, 85Nu188 delivered on June 25, 1985

Plaintiff

The Director of the Korean Tax Office

Seoul High Court Decision 85Gu950 decided Feb. 18, 1986

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below determined that the above fact-finding and judgment of the court below are acceptable, and it cannot be said that there are errors in the rules of evidence against the rules of evidence or the misapprehension of legal principles as to the transfer of assets under Article 4 (3) of the Income Tax Act, which is taxable object of capital gains tax, if the plaintiff received the registration of transfer of ownership for the purpose of securing the principal and interest of the building in this case and the registration of transfer of ownership for the same reason that is completed in the future of the above non-party from the plaintiff, since it is substantial in light of the registration of transfer of ownership for the reason that the plaintiff completed the registration of transfer of ownership for the purpose of securing the principal and interest of the building in this case to the non-party, and it does not necessarily constitute the transfer of assets for consideration under Article 4 (3) of the Income Tax Act, which is subject to capital gains tax. Article 45 (1) of the Enforcement Decree of the Income Tax Act does not necessarily stipulate that the transfer of assets is a new type of transfer of assets, which satisfies the following requirements:

The issue is groundless.

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 Choi Jae-ho (Presiding Justice)