National Tax Service Review Donation 2012-0022 (Law No. 15, 2012)

Unless there is any amount paid for new shares, it shall not be deemed that the subscription price was donated.

The facts acknowledged in the civil cases related to which it has been established are significant evidence, except in extenuating circumstances, and it cannot be deemed that the non-party company acquired new shares of the non-party company at a price lower than its market price or donated the acquisition price thereof, unless there is a little time to conclude the new shares subscription contract with the non-party

2012Guhap3198 Revocation of Disposition of Imposing Gift Tax

IsaA

Deputy Director of the Tax Office

December 6, 2012

December 20, 2012

1. On February 3, 2012, the Defendant’s imposition of the tax amounting to KRW 00, KRW 000, and KRW 000, and KRW 00, and KRW 00,00, respectively, shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same as the order (including each additional tax).

1. Details of the disposition;

A. On March 6, 2008, Nonparty BB Unemployment Co., Ltd (hereinafter “Nonindicted Company”) issued 40,000 new shares per share to KRW 00 per share, and the existing shareholders set up 20,000 shares to the Plaintiff as a third party who renounced acceptance, and the Nonindicted Party KimCC, the representative director of the company, paid KRW 00 to the Plaintiff’s new shares acquisition price.

B. The Defendant, and (1) considered that the Plaintiff received KRW 000 per share of the non-party company’s appraised value of KRW 000 per share from the existing shareholders, and KRW 000 per share of the acceptance value, respectively, from the KimCC, and issued the instant disposition imposing each gift tax stated in the claim on February 3, 2012.

C. The Plaintiff appealed and filed a request for examination with the Commissioner of the National Tax Service on May 2, 2012, but the request for examination was dismissed on June 15, 2012.

[Reasons for Recognition] Unstrifed Facts. Gap, Eul evidence 1, 2 (including each number), Eul evidence 1, 2, and 3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The plaintiff accepted new shares of the non-party company or the acquisition price of 000 won was not donated by KimCC, and the disposition of this case was unlawful because it did not meet the taxation requirements.

B. Relevant statutes

It is as shown in the attached Form.

C. Determination

In an administrative judgment, the facts acknowledged in a civil case already established are significant evidence unless there are special circumstances (see, e.g., Supreme Court Decision 2008Da92312, 92329, Sept. 24, 2009). According to the evidence evidence evidence No. 9, the plaintiff is a shareholder of only 20,000 shares of the non-party company on the register of shareholders, and the plaintiff does not acquire the above shares. However, in addition to the whole arguments in the evidence No. 7 and No. 8, the non-party company's claim against the plaintiff for payment of KRW 00,000 for new shares was rejected for the reason that there was no other evidence that the non-party company did not have concluded the new shares acquisition contract between the non-party company and the plaintiff, and that the non-party company did not have any other evidence that the non-party company did not have any other part of the new shares acquisition contract between the non-party company and the non-party company's new shares acquisition price.

3. Conclusion

Thus, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.