Seoul High Court (Chuncheon) 2012Nu534 (Seoul High Court, 2013.24)

(In the case of a title trust, it shall not be readily concluded that there was no intention of tax avoidance in the name trust.

(C) The Plaintiff cannot be deemed to have had no intention of tax avoidance in title trust under tax law, solely on the ground that there is no substantial amount of tax on the dividend income that could be avoided through title trust, or that there is no tax avoidance or reduced tax on the shares through a single title trust.

Legal fiction of donation of title trust property under Article 45-2 of the Inheritance Tax and Gift Tax Act

2013Du18353 Revocation of Disposition of Imposition of Gift Tax

LAA

Head of Three Tax Office

Seoul High Court (Chuncheon) Decision 2012Nu534 Decided July 24, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by