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1. The Defendant’s corporate tax for the business year of 2008 (from April 1, 2007 to March 31, 2008) against the Plaintiff on October 4, 2012, KRW 58,102,410.
Reasons
1. Details of the disposition;
A. The Plaintiff, a corporation running a financial investment business, holds at least 50% of the shares of Samsung Asset Management Co., Ltd. (hereinafter “Tsung Asset Management”).
Samsung Asset Management invested KRW 9,381,832,636, in the business year of 2008 (from April 1, 2007 to March 31, 2008; hereinafter the same shall apply) in KRW 9,381,832,636, a foreign corporation.
B. The Plaintiff received dividends of KRW 12,193,549,00 from Samsung Asset Management in the business year 2008.
The Plaintiff filed corporate tax return with the amount of KRW 6,096,774,50 (amount to be excluded from gross income) calculated by multiplying the dividend by 50% (amount to be excluded from gross income) minus KRW 388,901,385 paid, and KRW 5,707,873,115.
In other words, in applying the proviso of Article 18-2(1)4 of the former Corporate Tax Act (amended by Act No. 9267, Dec. 26, 2008; hereinafter “Act”), the Plaintiff calculated the “amount of KRW 158,414,318 (hereinafter “re-investment amount”) of the amount invested in the Hong Kong corporations as well as the amount of KRW 158,414,318 (hereinafter “re-investment amount”) from among the amount invested in the Hong Kong corporations as well as the amount of non-Inclusion in gross income” and filed a corporate tax return.
C. The director of the Seoul Regional Tax Office determined that the amount of re-investment is the amount of non-Inclusion deduction pursuant to Article 18-2 (1) 4 of the Act, and notified the Defendant of the re-calculated amount of non-Inclusion deduction by re-calculated the amount of non-Inclusion.
Accordingly, on October 12, 2012, the defendant deducted the re-investment amount from the non-Inclusion amount in gross income (including the final gross income) and corrected and notified the plaintiff of 58,102,410 won of corporate tax for the business year 2008.
hereinafter referred to as "disposition of this case"
D. On September 3, 2013, the Plaintiff filed an appeal for adjudication, and dismissed the appeal by the Tax Tribunal.