Seoul High Court-2018-Nu-39043 ( November 21, 2018)

(Presiding Trial) The dividend deemed as dividend and the amount of non-deductible loss are deducted from the net profit and loss amount at the time of the assessment of non-listed

(In the original instance) Where a company has issued new stocks by receiving a claim as an investment in kind, if there is any difference, the difference may be taxed as the "income from debt exemption due to the conversion of investment", and the dividend deemed to have been paid and the amount of non-deductible expenses pursuant to Article 14 of the Adjustment of International Taxes Act

Article 14 of the Adjustment of International Taxes Act; Article 54 of the Enforcement Decree of the Inheritance Tax Act

2019Du30546 Revocation of Disposition of Corporate Tax Imposition

M○○ Korea Co., Ltd.

AA Head of the Tax Office

Seoul High Court Decision 2018Nu39043 Decided November 21, 2018

November 21, 2018

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by