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(영문) 대법원 2013. 10. 14. 선고 2013두13181 판결
추계결정 또는 경정을 하는 경우 조세탈루혐의가 있는 소기업이 폐업한 경우에는 기준경비율을 적용하는 것임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu24063 (Seoul High Court 2013.06.14)

Title

In cases of estimated decision or revision, where a small enterprise suspected of tax evasion closes down, the standard expense rate shall apply.

Summary

In cases of estimated decision or revision, the simple expense rate method shall apply only when a small enterprise that has no suspicion of tax evasion closes its business, and the standard expense rate shall apply to cases where a small enterprise that has a suspicion of tax evasion closes its business.

Related statutes

Article 143 (3) 1-2 of the Enforcement Decree of the Income Tax Act

Cases

2013du13181 Global income and revocation of disposition

Plaintiff-Appellant

IsaA

Defendant-Appellee

The Director of the Pacific District Office

Judgment of the lower court

Seoul High Court Decision 2012Nu24063 Decided June 14, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the appellant's allegation in the grounds of appeal is not included in the grounds under each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, the appeal is dismissed pursuant to Article 5 of the same Act, and the costs of appeal are assessed against the losing party.

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