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조세심판원 질의회신 | 2007-11-04 | 서면인터넷방문상담3팀-3000 | 부가
Document Number

Written Internet Visit Counseling Team-3000 ( November 05, 2007)

Items of Taxation

Addition

Journal

Where a land transaction permission is restricted and a registration of transfer of ownership is to be made at the time when the land transaction permission is granted, it shall not fall under the business transfer.

Congress RESALS

In case where a businessman who runs a real estate leasing business determines the land price at the time when land transaction permission is granted as the land transaction permission is restricted by related Acts and subordinate statutes in transferring all rights and obligations concerning the relevant business, and where he/she intends to register the transfer of ownership, he/she shall not fall under the transfer of business under Article 6 (6) of the Value

Related statutes

Article 6 of the Value-Added Tax Act

Main text

(Seed: Reference Materials)

1. A summary of the contents of inquiry;

“A” means that “B”, a corporation that completed all matters, such as changing the form and quality, for the purpose of leasing a gas station on its own land, completed the registration of a rental business operator at the competent district tax office, completed the registration of a rental business operator at the competent tax office, and completed the gas station to lease the gas station to the comprehensive construction company, and subsequently completed the transfer/acquisition contract by changing the original plan and making the payment of the principal borrowed from the oil station construction funds for the gas station with “B” as “B” the assumption of the assumption of the obligation, even if “B” takes over the gas station, it constitutes a comprehensive transfer/acquisition, and thus, it constitutes a comprehensive transfer/acquisition; thus, “B” was reported to the competent tax office having the competent tax office without issuing a tax invoice, but in the case of “B”, the competent tax office continues to examine whether there is a problem in the discontinuation of the business of “B” or the closure of the business.

However, this area is subject to the Special Act in the transaction of land transaction, etc., where the transfer of registration is restricted for five years, and the agreement between "A" and "B" has been entered into in the transfer and acquisition agreement five years later, which is stipulated in the transfer and acquisition agreement, and the status of the establishment of collateral security between "A" and "B" on the land transaction, etc., which is the creditor.

Terms and Conditions of Reference

Whether the above transaction details do not constitute a transfer of business not deemed the supply of goods

2. Materials on the contents of questioning;

(a) related tax laws and regulations (law, enforcement decree, enforcement rule, basic rules);

Article 6 of the Value-Added Tax Act (Supply of Goods)

(6) None of the following shall be deemed the supply of goods:

2. Transfer of business as prescribed by the Presidential Decree (proviso to December 30, 2006).

○ Article 17 of the Enforcement Decree of the Value-Added Tax Act 【Security and Business Transfer and Payment in Kind of Taxes】

(2) The term "those prescribed by Presidential Decree" in Article 6 (6) 2 of the Act means comprehensively succeeding to all rights and obligations with respect to the relevant business at each place of business (including cases of division meeting the requirements under Article 46 (1) of the Corporate Tax Act and cases where the transferee adds the new type of business or changes the type of business other than the business succeeded to). In such cases, even if a transferee succeeds to the relevant business without including those falling under any of the following subparagraphs among the rights and obligations with respect to the relevant business, it shall be deemed that he/she comprehensively succeeded to the relevant business: