Case Number of the immediately preceding lawsuit
Seoul High Court-2018-Nu-3373 (24 April 2018)
Title
(C) If the assets of the Association are invested in kind, the assets of the Association are transferred at a cost, which is the cause of taxation of the capital gains tax.
Summary
(Summary) Investment in kind in the property of the Cooperative constitutes a transfer of the property at a cost, which is a taxable cause for the transfer income tax, and the time of such transfer is the time of the investment in kind to the Cooperative, and the time of acquisition and acquisition by the original fishermen who have been directly supplied with the site for living countermeasures cannot be deemed to be the same as the time of acquisition and acquisition by the plaintiffs who
Related statutes
Article 14 of the Framework Act on National Taxes
Cases
2018Du44135 Revocation of Disposition of Imposing capital gains tax
Plaintiff-Appellant
Section AA
Defendant-Appellee
BB Director of the Tax Office
Judgment of the lower court
Seoul High Court Decision 2018Nu3373 Decided April 24, 2018
Imposition of Judgment
2018.30
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The ground of appeal was examined in comparison with the records of this case and the judgment below, but the ground of appeal was examined.
The assertion does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal
It is judged that it cannot be accepted.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.