Whether the applicable market price of capital gains tax base different from the base date of the first half and the second half is appropriate (negative)

The standard market price to be applied to the determination of the standard market price by multiple rates in a specific area shall be the standard market price at the time of transfer acquisition, and the Commissioner of the National Tax Service may determine only the corresponding multiple rates. Thus, the method of applying the standard market price by the Commissioner of the National Tax Service is illegal, which is to calculate the standard market price on January 1 in the first half and July 1 in the second half.

Article 60 of the former Income Tax Act (amended by Act No. 3576 of Dec. 21, 1982), Article 115 (1) 1 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982)

[Judgment of the court below]

Head of Suwon Tax Office

Seoul High Court Decision 82Gu887 delivered on August 24, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

According to the provisions of Article 115 (1) 1 of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10977, Dec. 31, 1982) which was in force at the time of this case, the standard market price is determined at the price assessed by the rate method in a specific area. According to the provisions of Article 115 (2) of the same Act, the above rate method means the method of assessing by the amount calculated by multiplying the standard market price at the time of transfer acquisition by the rate determined by the Commissioner of the National Tax Service. In light of the purport of the above provisions, in determining the standard market price, the standard market price applicable is the standard market price at the time of transfer acquisition, and the Commissioner of the National Tax Service shall make a statement that only the corresponding rate can be determined. Thus, the standard market price is calculated based on 1.1, which is above the standard market price at the time of taxation, and the latter part is unlawful in calculating the standard market price. Accordingly, the defendant's judgment of this case is justified and inconsistent with this Opinion.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)