Seoul High Court-2016-Nu-80801 (Law No. 226, 2017)

Even if shares are donated or acquired and disposed of at least three months before the date of listing, it is reasonable to calculate them based on the average amount of each two months before and after the date of transfer.

There is no reason to maintain an essential difference in the calculation method of the listing interest between the person who received or acquired shares and the person who disposed of or continues to hold shares before three months prior to the date of listing.

The donation of profits accrued from the listing of stocks or investment shares under Article 4-3 of the Inheritance Tax and Gift Tax Act.

Supreme Court Decision 2017Du53729 Decided revocation of gift tax rectification

AA

00. Head of tax office

Seoul High Court Decision 2016Nu80801 Decided June 22, 2017

November 2018

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff.

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition