Gift tax on profits allocated at a low price at the time of allocation by a third party;

The Plaintiff may impose taxation on the donated property regardless of whether the Plaintiff was related to the existing shareholders of the instant company or the size of the donated property generated to the Plaintiff.

2013Revocation of disposition of imposing gift tax, etc.

New shares were not allocated during capital increase increase.

B. Seoul Regional Tax Office’s office held that the instant company’s share change investigation in 2007 and 2008 was conducted.

As a result, the average of the closing price per share after the above capital increase and KRW 2,704 per share and KRW 1,611 per share

more than 1,611 won, the value of shares of the Company of this case, 1,611 won, and the acquisition by the Plaintiff

1,225 won per share of the shares of this case (386 won per share) by the Plaintiff is less than a third party

(i) the court determined that a person acquired the benefit of KRW 201,664,928 (=522,448 note x 386 won) through a distribution

E. The assessment of gift tax was determined against the plaintiff and the defendant was notified of the assessment data.

C. The Defendant’s gift tax amounting to KRW 45,230,930 on December 1, 2012, pursuant to the aforementioned notification of taxation data (Additional acid)

C) Determination and notification (including three) were made. (hereinafter referred to as "disposition of this case").

D. On July 24, 2013, the Plaintiff filed an objection and filed a request for a trial with the Tax Tribunal.

However, it was dismissed on October 8, 2013.

1) The Plaintiff stated in the complaint that the date of disposition was February 12, 2013, but according to the statement in subparagraph 1-1 through 11-1 of the evidence No. 1-2, the date of disposition is 2012.

12.1. The plaintiff's purport of the claim shall be decided as above.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1-1 to 11, before pleadings

The purpose of body

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

1) The difference between the appraised value of the instant shares (1,611 won) and the Plaintiff’s share acquisition price (1,225 won)

The amount of 386 won is less than 483 won, which is 30% of 1,611 won, and the donated profits shall not be less than 300 million won.

Therefore, it is not subject to gift tax.

2) When calculating gift tax and gift tax, each donor shall calculate the value and tax rate of gift for each donor.

Although the defendant does not have to do so, the defendant calculated the entire minority shareholders of the donor as a donation by one person.

(Maximum 20%) The disposition of this case was unlawful.

B. Relevant statutes

It is as shown in the attached Form.

C. Determination

1) Determination on the first argument

Inheritance Tax and Gift Tax Act (amended by Act No. 8828, Dec. 31, 2007; hereinafter referred to as "the Inheritance Tax and Gift Tax Act")

Article 39 (1) of the Inheritance Tax and Gift Tax Act ("Capital Tax Act") shall apply to the issuance of new stocks to increase the capital of a corporation.

In case of obtaining any benefit falling under one of the following subparagraphs, the equivalent amount of such benefit:

"The value of property donated to the person who has obtained such profits" shall be deemed to be the value of property donated to such person.

Benefits that a person who is not a shareholder of a corporation receives by directly allocating new stocks from the corporation concerned;

“. According to the above provision, a person who is not an existing shareholder of the company is not the company.

Where new shares are acquired by means of direct allocation to a third party, the existing shareholders and subscribers of new shares;

Whether there is a related party or the size, etc. of the value of donated property generated by the new purchaser

It is possible to levy taxation on the value of the donated property in common.

The Plaintiff’s shares in this case by means of direct allotment from the Company to a third party.

As seen earlier, the fact that the Plaintiff acquired the shares and the special relationship with the existing shareholders of the instant company.

regardless of whether there is a relationship with the Plaintiff or the size of the value of donated property incurred to the Plaintiff

Inasmuch as taxation of donated property is possible, the Plaintiff on a different premise

The above argument is without merit.

2) Determination on the second argument

Article 39 (2) of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the allocation of new shares in the application of paragraph (1) 1.

(1) waives the right to purchase or allocates such right under equal conditions in proportion to the number of the shares held;

A small amount allocated in short of the number entitled to receive (including cases where new stocks are not allocated)

If there are two or more shareholders, one of the minority shareholders shall be deemed to have renounced or been allocated insufficiently.

The calculation of any income is defined as "....."

According to the above evidence, the defendant's minority shareholders (the issuing shares of the corporation of this case)

under 1/100 of the total number of shares, the total amount of the face value of which is less than 300 million won;

- the fact that the tax rate (minimum 20 per cent) has been applied by deeming the entire number of shareholders as one donor;

A. The shares of this case are allocated to the minority shareholders of this case in the process of issuing new shares

The defendant's total amount of the company of this case under Article 39 (2) of the Inheritance Tax and Gift Tax Act.

The instant disposition that applied the gift tax rate to shareholders by deeming them as one person is legitimate. Accordingly, the instant disposition is lawful.

The above assertion intentionally is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.

shall be ruled.

KimA

Head of the tax office

August 20, 2014

October 1, 2014

1. The plaintiff's claim is dismissed.

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

The imposition of the gift tax on June 13, 2007, which was made against the Plaintiff by the former Defendant on December 1, 2012, is revoked on June 13, 2007.

1. Details of the disposition;

A. The Plaintiff participated in 522,448 shares (hereinafter referred to as “instant shares”) by a third party’s direct allotment method on June 13, 2007, at the KOSDAQ-listed listed company, XXND (hereinafter referred to as the “former AA”) (hereinafter referred to as the “instant company”). The Plaintiff acquired 522,448 shares (hereinafter referred to as the “instant shares”) at the 1,225 won per share (50 won per share). Meanwhile, the existing shareholders of the instant company have acquired this case’s shares.