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조세심판원 질의회신 | 1995-01-26 | 부가46015-193 | 부가
Document Number

Additional 46015-193 ( October 27, 1995)

Items of Taxation

Addition

Journal

The transfer of business refers to the comprehensive succession of all the rights (excluding rights related to amounts receivable) and obligations (excluding duties related to amounts payable) with respect to the business by workplace. Therefore, the transfer of business does not constitute the transfer of business if the rights and obligations with respect to the business are not entirely succeeded but only some rights and obligations are succeeded.

Congress RESALS

E-In the case of an interpellation, reference is to the interpellation question and question (the financial division 22601-140, November 17, 1990):* 22601-1140, Nov. 17, 1990

Related statutes

Article 6 of the Value-Added Tax Act

Main text

1. A summary of the contents of inquiry;

In relation to Article 6 (6) of the Value-Added Tax Act and Article 17 (2) of the Enforcement Decree of the same Act, I will question

C. Foods

(a) Situation;

Our business registration is made for manufacturing, wholesale retail, real estate, clothing, marketing, and rental as its category of business, and it is intended to exclude land and buildings (land and buildings shall be converted into lease) and to comprehensively transfer Schlages without loss of homogeneity in accordance with Article 6 (6) of the Value-Added Tax Act and Article 17 (2) of the Enforcement Decree of the Value-Added Tax Act as a comprehensive acquisition of business in accordance with Article 6 (6) of the Value-Added Tax Act.

(b) Inquiries;

In this case, whether it is appropriate to consider our business transfer as the supply of goods or not as follows:

(A) The proviso of General Rule 2-1-14-6 of the Value-Added Tax Act shall not be deemed the supply of goods under Article 6(6) of the Value-Added Tax Act.

(B) It is not a transfer of all rights and obligations under Article 17(2) of the Enforcement Decree of the Value-Added Tax Act, and it should be viewed as the supply of goods as not falling under Article 6(6) of the Value-Adde

2. Relevant tax-related Acts and subordinate statutes (Acts, Enforcement Decree, Enforcement Rule, and General Provisions);

○ Article 6(6) of the Value-Added Tax Act