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1. The Defendant’s imposition of gift tax of KRW 99,080,260 against the Plaintiff on August 1, 2014 exceeds KRW 86,410,960.
Reasons
1. Details of the disposition;
A. B, who is the spouse of the Plaintiff, and D, who is the spouse of the Plaintiff, and the Plaintiff and C constitute the relatives by marriage of the second degree between them.
B. On June 2, 2005, Co., Ltd. (hereinafter “Nonindicted Company”) is a corporation engaging in wholesale and retail business of LPG gas, and was incorporated into KRW 250,000,000,000 (in the face value of 10,000 per share) and C is a controlling shareholder of the non-party company, who is a representative director of the non-party company from April 22, 201.
C. On October 5, 2012, the Plaintiff assessed the shares 25,000 shares of the non-party company (hereinafter “instant shares”) that were held by it to C as KRW 30,00 per share and transferred the shares to KRW 750,000 per share (hereinafter “instant transfer”), and filed a securities transaction tax return on October 23, 2012 with the tax base as KRW 500,000,000 per share.
Considering that the transfer of this case constitutes an elevated transfer between related parties under Article 35(1)2 of the former Inheritance Tax and Gift Tax Act (amended by Act No. 11845, May 28, 2013; hereinafter “former Inheritance Tax Act”), the Defendant assessed the market price of the stocks of this case as KRW 11,639 per share in accordance with the supplementary method of assessment as to unlisted stocks under Article 54 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 25195, Feb. 21, 2014; hereinafter “former Enforcement Decree”), and assessed as KRW 371,732,50 per share after deducting 30% of the market price from the difference between the market price and the price by the Plaintiff’s transfer to a related party C, the Defendant assessed as a donation of KRW 90,00,000 for the Plaintiff on August 1, 2014, imposed penalty tax of KRW 360,306,53630
(hereinafter “instant disposition”) e.
On November 3, 2014, the Plaintiff filed a request for review with the National Tax Service, but was dismissed on March 16, 2015.
The plaintiff is therefore entitled.