Seoul Administrative Court 2014Guhap52671 (Law No. 13, 2014)

No loss carried forward shall be succeeded unless all the requirements for succession to the loss carried forward prescribed by the former Corporate Tax Act are satisfied.

(1) In the case of a merger between complete subsidiaries, where a merged corporation merges with a merged corporation by allocating one share of new shares of the merged corporation to the whole of the stocks of the merged corporation, the initial disposition that did not meet the requirements for succession of losses carried forward under the former Corporate Tax Act is justifiable.

Article 44 (Inclusion of Amount equivalent to Merger Evaluation Marginal Profit in Calculation of Losses)

2014Nu5494 Revocation of Disposition of Corporate Tax Imposition

AA Engineering Corporation

Head of Yongsan Tax Office

Seoul Administrative Court Decision 2014Guhap52671 decided June 13, 2014

November 6, 2014

November 27, 2014

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The imposition of the corporate tax for the business year 2009 against the Plaintiff on May 2, 2013 by the Defendant shall be revoked in all of the imposition of the corporate tax for the business year 2009, the OOOOO (including the additional tax), the OOOO (including the additional tax), and the OOOO (including the additional tax) for the business year 2011

The reason for the judgment of the first instance is reasonable, and therefore, it is cited as the reason for this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil

The plaintiff's appeal is dismissed for lack of reason.