2014Guhap102011. Revocation of revocation of revocation of corporate tax rectification

Korea Railroad Corporation

Daejeon East-gu Central 240

Maximum benefits of the President of the Representative

LLC, Kim & Lee LLC (Attorney Cho Young-young, Counsel for the defendant-appellant)

Law Firm Sejong (Attorney Cho Jong-ju, Counsel for the plaintiff-appellant-appellant-appellant-appellant-appellant-in-law, Counsel for the plaintiff-in-law)

Daejeon director of the tax office

Litigation Performers Lee Jae-ju

Government Law Firm Corporation (Attorneys Soh Ho-ho et al., Counsel for the plaintiff-appellant)

November 2011, 2014

January 22, 2015

1. On August 2, 2013, the Defendant’s rejection disposition on each of the following grounds is revoked: (a) the details of filing a corporate tax return and filing a request for rectification; and (b) the details of filing a request for rectification;

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

The order is as set forth in the text.

1. Details of the disposition;

The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleading is shown in the statement in Gap evidence of Nos. 1 through 11, 17, 18, 20, 21, 54 (including each number; hereinafter the same shall apply).

(a) A project agreement for developing the Yongsan Station Area International Business Zone;

(1) On December 13, 2007, the Plaintiff entered into an agreement (hereinafter referred to as the “instant agreement”) with the aim of enforcing the Dlimb consortium, which is composed of 26 corporations, including Samsung C&T Co., Ltd., and Han River-ro 3 and Yongsan-gu Seoul, Yongsan-gu, Seoul, for the development of the International Business Zone Development Institute (hereinafter referred to as the “instant project”) in the Han River Station in the area of 957. The main contents of the agreement are as follows.

Article 2 (Definitions of Terms)

4. The term "land to be traded" means land of 356 square meters, owned by the Plaintiff, among the land subject to business;

12. “Project Company” means the participation of Plaintiff Seoul Special Metropolitan City (hereinafter and/or SH Corporation) in promoting the Project.

In the case of the Plaintiff and Seoul Special Metropolitan City (and/or / or SH Corporation and consortium members) shall make joint investments.

corporation established pursuant to Article 51-2 of the Corporate Tax Act.

18. The term “land sales contract” means a sale of land to be traded by the plaintiff to a project company and a projector.

T Company’s purchase from the Plaintiff and between the Plaintiff and the project company

contract to be entered into at least 10 days.

Article 19 (Establishment of Project Company) (1) The plaintiff and the consortium members are to implement the Project.

Within 15 days from the date of conclusion of the agreement, a project company shall be incorporated by fulfilling the following requirements:

Article 23 (Sale Contracts for Land) (1) The plaintiff and project companies shall observe the standards and methods set forth in the following subparagraphs:

The land sales contract for each land shall be concluded, and all expenses required for the registration of transfer of ownership shall be incurred.

shall be borne by the project company.

1. 5% of the total land to be traded in order to establish a public relations center for the successful implementation of the project;

The sales contract for the land (land subject to preferential sale) shall be made on December 31, 2007 after the incorporation of the project company.

The purchase price shall be 50% of the down payment and intermediate payment, and 50% of the balance, and the project company

the payment of down payment and intermediate payment in cash until December 31, 2007, and any balance (including interest on installment payments)

of this project company's bill and a financial institution's letter of loan guarantee, and the plaintiff is 207.

12. up to 31. Transfer of ownership of the land in question to a project company. Balance paid as the above note

The time limit for payment of the amount equivalent to the gold shall be March 31, 2008. With respect to the land subject to preferential trade, the plaintiff shall be the subject of such preferential trade.

(1) shall not register a special agreement for repurchase;

2. A sale and purchase contract for the remaining land subject to sale except for the land subject to preferential sale referred to in subparagraph 1:

It shall be concluded separately by division contract, but the time and land to be traded by division contract;

The ratio of the Council shall be as follows:

(a) 25% of the land to be traded: March 2008;

C. 30% of the land to be traded: March 2009

(c) 40% of the land to be traded: March 2010;

3. The respective sales proceeds under each of the separate sales contracts referred to in subparagraph 2 shall be as follows:

Part of each item shall be omitted in installments.

(2) The total purchase price of the land to be traded under paragraph (1) shall be eight trillion won.

(4) Except as otherwise provided in this Convention, the detailed terms and conditions of the land to be traded shall be the land trading system.

to be determined by a drug.

Article 35 (Cancellation and Termination of Agreements by the Plaintiff) The consortium members or project company (project company)

Before the incorporation, to the consortium, after the incorporation of the project company, the project company; hereinafter the same shall apply), the following:

In the event of any of the reasons referred to in the subparagraphs, the plaintiff shall operate a consortium member or project without a separate peremptory notice.

may terminate or terminate this Convention by written notice to the Company.

2. Where it is impossible to implement the main project due to dishonor, rehabilitation procedures, bankruptcy, etc.;

Article 38 (Effect of Rescission or Termination of Convention) (4) In accordance with Articles 35 through 37, this Convention shall either be rescinded or terminated.

In the case of termination, land sales contract shall be deemed to have been cancelled or terminated without a separate declaration of intention.

(2) Pursuant to the instant agreement, the Korea Forest Service Co., Ltd. (hereinafter “Dlimb Project Association”) was established on December 18, 2007, and Dlimb Project Co., Ltd. agreed to take over matters that fall under the rights and obligations of project companies as stipulated in the instant agreement with the Plaintiff on December 27, 2007.

(3) On October 28, 2009, the Plaintiff concluded the first additional agreement on December 29, 201, the second additional agreement on August 29, 201, and the third additional agreement on August 1, 201, respectively.

(b) Conclusion, etc. of land sales contracts;

(1) On December 27, 207, the Plaintiff: (a) sold 5% of the instant land to 4 and 15 billion won; (b) on March 31, 2008; (c) 25% of the instant land size (89, 123, 7.7 square meters of the instant land; and (d) 1.3 square meters of the instant land size to 20 trillion won; and (e) 20% of the instant land size to 30.7 square meters; and (e) 20% of the instant land size to 30.7 square meters, respectively; (e.g., 200 million won of the instant agreement; and (e) 10.3 square meters of the instant land size to 9.3 square meters; and (e) 20% of the instant land size to 9.3 square meters; and (e.g., 30% of the instant agreement on May 28, 2011.

(2) Of the sales contracts for each of the instant lands, the parts relating to the instant case are as follows.

Article 12 (Cancellation of Contract) (1) One of the parties (hereinafter referred to as "party to the contract") before the implementation of this contract is completed.

Where any of the following grounds arises, the other party (hereinafter referred to as "person entitled to release") shall be in writing to the other party:

this contract may be rescinded by sending a notice.

(a) The statement and guarantee of the responsible party are found to be different from the fact, or the responsible party is found to have entered into a contract;

(1) If the violation has been breached, and it is not possible to remedy the violation or to remedy the violation.

If it is easy to correct it, the day on which written notice by the right of rescission requesting the correction is received.

within 10 days from the date on which the correction is not made;

(b) Where procedures for the dishonor, bankruptcy, or rehabilitation are commenced by a party to the case of a party to the case;

(3) Where the instant agreement has been lawfully rescinded or terminated, the origin of the said agreement pursuant to Article 38(4) of the said Convention

A contract shall also be deemed to have been rescinded without any separate declaration of intention.

(3) Under each of the instant land sales contracts, the Plaintiff completed the registration of ownership transfer for the entire land subject to the instant project to the dlimb project company on a total of five occasions (1 December 31, 2007 and 2008 June 17, 2008, 3.29, 29, 4.29 and 5. 30 September 29, 201) pursuant to each of the instant land sales contracts.

(c)declaration and payment of corporate tax;

Based on the fact that the Plaintiff included the transfer amount of the land subject to the instant business in the gross income and calculated by including the book value in the deductible expenses, the Plaintiff reported and paid corporate tax from 2007 to 2011 as stated in the separate sheet on the date of report and request for correction of corporate tax.

D. Notice of the cancellation of the instant agreement and the land sales contract

(1) On April 23, 2013, the Plaintiff notified that “Dlim project company was unable to rectify the violation of the obligation to pay the purchase price of the instant land sales contract, and that it was not able to repay loans under a loan agreement that has lost the benefit of time, and thus, the Plaintiff was in default pursuant to Article 12(1)(a) and (b) of each of the instant land sales contract and Article 546 of the Civil Act.” At that time, the Plaintiff notified that “The Plaintiff shall cancel the second land sales contract pursuant to Article 3, 4-1, 4-1, 4-2. At that time, the purchase and sale object of the instant land sales contract was part of Yongsan-gu Seoul Metropolitan Government, which was the object of the instant project, for the transfer registration of ownership in the name of the Plaintiff on the land that was owned by the trust property other than 6088 and 122.

(2) On April 29, 2013, the Plaintiff: (a) on April 29, 2013, the dlimb project company and its shareholders lose the benefit under a loan agreement; (b) on the rescission of the secondary land sales contract, the ownership of the land, which is the subject matter of each of the above land sales contract, was restored to the Plaintiff; and (c) on the dlimb project company’s default on tax, the dlimb project company started the public auction procedure for the instant land subject to the instant project. Since it was impossible for the dlimb project company to continue to implement the instant project due to such reasons, the Plaintiff notified the Plaintiff that the said agreement should be rescinded pursuant to Article 35 subparag. 2 of the instant Convention.

(e) Applications for rectification and refusal of corporate tax;

(1) On June 4, 2013, the Plaintiff filed a request for correction of the tax base and calculated tax amount from June 4, 201 to 2011 as stated in the “justifiable Tax Return and Claim for Correction of Tax Base” column in the annexed Form, to the effect that the Plaintiff’s income earned from the transfer of land according to each land sales contract of this case for the business year from 2007 to 2011 was determined not to have existed retroactively to the pertinent business year, based on the following: (a) the Plaintiff filed a request for correction of the same details corresponding to the difference, as stated in the “justifiable Tax Return and Claim for Correction of Tax Base” column; and (b) the Plaintiff filed a request for the refund of corporate tax equivalent to the amount stated in the “calculated Tax Amount” column.

(2) However, on August 2, 2013, the Defendant rejected the Plaintiff’s order of correction (hereinafter “instant disposition”) on the ground that the time when the profit and loss accrued from the cancellation of each of the instant land sales contract belongs to the business year 2013, which belongs to the date of cancellation of the contract.

(3) The Plaintiff was dissatisfied with the instant disposition and filed a petition with the Tax Tribunal for an inquiry on October 25, 2013, but was dismissed on June 25, 2014.

2 argument and determination

A. Summary of the plaintiff's assertion

(1) Nos. 3, 4-1, 4-2 were lawfully rescinded according to the Plaintiff’s notification of cancellation on April 23, 2013, and the instant business agreement was lawfully rescinded in accordance with the Plaintiff’s notification of cancellation on April 29, 2013, and the first and second land sales contracts were deemed to have been rescinded in accordance with Article 38(4) of the instant business agreement. Ultimately, each of the instant land sales contracts was entirely rescinded.

(2) In accordance with the retroactive effect of the rescission of each land sales contract of this case, the Plaintiff’s income from the transfer of the land of this case was the same as that of the first place. Thus, the Plaintiff’s corporate tax liability established by the transfer of the above land was the cause for filing a subsequent claim for correction. Therefore, the profit and loss following the cancellation of each land sales contract of this case should be retroactively reverted to the business year at the time of the completion of ownership transfer registration under each of the above land sales contract. Thus, the disposition of this case on the ground that the above profit and loss should be reverted to the business year at the time of the cancellation of each of the above land sales contract of this case

(b) Relevant statutes;

As shown in the attached Form.

C. The judgment of this Court

(1) Facts of recognition

The following facts may be acknowledged if there is no dispute between the parties, or if the entries in Gap evidence Nos. 12 through 18, and 54 show the purport of the whole pleadings:

① Dlimb project company received loans from various financial institutions, such as Han Bank Co., Ltd. (hereinafter referred to as the “ lender”) to raise the price, etc. for each of the instant land sales contracts, on a total amount of nine occasions from November 27, 2009 to March 9, 2012, including two, four,36.3 billion won (excluding the 9th loan, which was made in the form of exchanging the first loan solely because the actual loan regulations are intended) as listed below.

A person shall be appointed.

* The meaning of a part in which a specific loan arrangement is associated with a specific land sales contract in the remarks column of this section

The land which is the object of the land sales contract was provided as a security for a loan under the relevant loan agreement.

B. (See Article 11 of the Loan Agreement) In order to raise funds for the purchase price of the relevant land sales contract, the relevant loan;

The meaning of the ruling is that it was concluded.

② At the time of the conclusion of each loan agreement set forth in the first to the 8th above, each real estate security trust agreement was concluded with each real estate trust agreement company (hereinafter “the instant security trust agreement”) in order to secure each loan obligation to the lender of the drupb project sub-party under the above loan agreement with the Korea Land Trust Corporation (hereinafter “Korea Land Trust Corporation”).

The truster and the debtor of the security trust contract of this case are the drupb project company, and the trustee are the land trust for the beneficiary. The first beneficiary is the lender, the second beneficiary is the plaintiff, and the object of the security trust is the land which is the object of the purchase and sale contract of each land of this case. The part related to this case in the security trust contract of this case relating to this case is as follows.

4. Special Agreement

Article 6 (Claims Secured) The secured claims of the preferential beneficiary shall be as follows:

1. Claim secured by the lender: It is held by the lender to the drupb project company in accordance with the loan agreement; and

Principal, interest, damages for delay and any other monetary claims;

2. Plaintiff’s secured claim: In the event that the instant agreement is terminated, the Plaintiff’s secured claim to the drupb project company.

Claim for ownership transfer registration of real estate held in trust;

Article 7 (Agreement on Transfer, etc. of Ownership of Real Estate in Trust) (1) An agreement on the refund, etc. of the price in this case to be considered in paragraph (3) below.

in the event of a cause for devolving return as set forth in Annex III, the drupb project corporation

It shall be notified to the land trust immediately, and the lender shall be entitled to the land trust separate from the lender.

(1) The notice may be given, and the land trust to which such notice has been given shall immediately be filed

the Corporation. The Corporation shall give notice to the Corporation. The Corporation shall, in the event that the Corporation's land trust complies with such notice; or

In the case of notification of the occurrence of the cause for the return attributable to the Plaintiff, the Korea Land Trust shall be subject to the agreement.

The following measures shall be completed within 85 days, as prescribed by the Presidential Decree:

1.The Korea Land Trust shall be due to the Reversion of trust property upon termination of the trust (Provided, That the Korea Forest Dob Project Association

(2) If it is not possible to obtain a timely cooperation, such as the collection of documents, from the company, the reason for the sale, at the option of the land trust

(2) The Plaintiff shall deliver all documents necessary for the registration of ownership transfer of the trusted real estate.

2.In the case of land trust with Korea, ○ Won from the plaintiff as stipulated in the agreement (the amount is with each security trust contract.)

(A) in cash by making deposits into the trust account of each relevant loan agreement;

shall be supplied to him.

③ At the time of the conclusion of each loan agreement as set forth in the first to the 8th above, in order to secure the obligation to repay each loan to the lender of the dlimb project company, the dlimb project company entered into an agreement with the Plaintiff and the land trust on the reversion of each land and the refund of the price (hereinafter “agreement on the refund, etc. of the price in this case”). The parts relating to this case are as follows.

Article 4 (Measures in Cases of Reversion or Return) (1) Each subparagraph of Annex III (Grounds for Reversion or Return)

In the event of a cause, the Korea Land Trust or the Plaintiff shall have the effect of the cause to another party.

section 85 days from the date of dispatch of the notice, each of the parties shall

to complete the rule.

1.The Korea Land Trust shall be due to the Reversion of the trust property upon termination of the trust (Provided, That the Dlimb Project is a Dlimb Project);

In the event that the company cannot obtain the cooperation, such as the collection of documents, from the company, the cause of the transaction in accordance with the choice of the land trust for the company.

(1) The plaintiff shall deliver all documents necessary for the registration of ownership transfer of trust real estate to the plaintiff.

High, the plaintiff shall apply for the registration of ownership transfer without delay.

2. At the same time as subparagraph 2, the plaintiff deposits ○ Won into a deposit account designated by the trust company.

cash shall be paid in cash in common.

Article 8 (Relation to Project Agreements) (2) The relationship between the Plaintiff and the Dlimb Project Company under this case’s agreement.

With respect to all legal relations, the transfer of the ownership of the land subject to the land trust pursuant to Article 4 is rare.

B Project is deemed to have returned land in accordance with Article 38 of the Convention, and the Plaintiff under Article 4.

The payment of the price shall be deemed to have been returned pursuant to Article 38 of the Convention.

Article 3 (Grounds for Reversion and Return)

2. Where any of the following events occurs in connection with a loan agreement:

(a) for any reason shall be paid to the lender in accordance with the loan arrangements by the drupb project company;

(as defined in a loan agreement) if the amount has not been fully or partially paid by the due date.

④ On March 12, 2013, 2013, Dlimb project companies lost the benefit of each loan agreement due to the failure to pay interest under the said 9th loan agreement to the lender 5.2 billion won.

Accordingly, on March 14, 2013, the Korea Land Trust Co., Ltd. notified the Plaintiff of the occurrence of the grounds for reversion under Annex III, subparagraph 2 (a) of the Agreement on the Return of Proceeds, etc. of this case, and requested the Plaintiff to implement measures under Article 4 of the said Agreement and Article 7(1) of the Special Agreement on the Security Trust Contract.

⑤ On April 11, 2013, pursuant to Article 4 of the Agreement on the Refund, etc. of Proceeds of the instant land, and Article 7 of the Special Agreement on Security Trust Agreement, the Plaintiff paid KRW 5,47 billion to the Korea Land Trust, which is the aggregate of the loans 4, 5, 6, and 8. On April 11, 2013, the Plaintiff paid the Plaintiff the KRW 4,5, 6, and 8 loans to the Korea Land Trust. Accordingly, the Korea Land Trust Co., Ltd. failed to pay the Plaintiff part of the purchase price of each of the above loans, and thus, the Plaintiff failed to perform its duty to pay the construction price of each of the above lands under Article 10 of the Special Agreement on Security Trust Agreements. Moreover, the Plaintiff’s failure to pay the construction price of each of the above lands under Article 10 of the Special Agreement on the Sale and Sale of Land to the Korea Land Trust Co., Ltd., Ltd. within 1, 2012.

(2) Whether each of the instant land sales contracts was cancelled

Comprehensively taking account of the facts acknowledged earlier, because the dlimb project company failed to pay interest under the 9th loan agreement, thereby losing the interest under the said loan agreement, the Plaintiff was obliged to pay the Plaintiff a single installment loan to the lender of the dlimb project according to the agreement on the refund of the price, etc., and as a result, the dlimb project company returned part of the purchase price under Article 8 (2) of the said agreement to the Plaintiff pursuant to Article 8 (2) of the said agreement, and the dlimb project company was obligated to pay the Plaintiff the above purchase price in full equivalent to the amount returned as above, but did not perform it. Thus, the cancellation of the dlimb project’s sales contract, 4-1, 4-2, and the instant agreement is lawful and effective, and the 1, 2, and the instant sales contract was lawfully rescinded pursuant to the rescission of the instant agreement, and each of the instant sales contract was lawfully rescinded pursuant to Article 12 (3) of the said agreement.

(3) Whether it constitutes a ground for subsequent correction

Article 40(1) of the Corporate Tax Act provides that “The business year to which income and deductible expenses of a domestic corporation accrue shall be the business year which includes the date on which the income and deductible expenses are determined.” Inasmuch as there is no income in reality, it shall be deemed that the income has been realized, and adopting the so-called principle of confirmation of rights to calculate taxable income. In such a case where there is time interval between the time when the right which forms the cause of income and the time when the income is realized, it shall be deemed that the right is not the time when the income is realized, and it would be the time when the income was finally determined, and thus, it shall be allowed to levy corporate tax in advance on the premise that the income in question would be realized in the future. Therefore, even if the tax liability becomes final and conclusive because the right which forms the cause of income has become final and conclusive and meets the requirements for taxation, it shall not be deemed that there is an inevitable reason for cancellation under Article 25-2 of the Framework Act on National Taxes to the effect that the former cancellation of the tax liability becomes final and conclusive.”

Based on the above legal principles, since the contract for the sale and purchase of each land of this case was lawfully rescinded, the income earned by the plaintiff from the transfer of land subject to the business of this case according to each contract for the sale and purchase of each land of this case is determined not to be realized due to the occurrence of a subsequent event, such as the cancellation of contract by the exercise of the right to rescission, and it is reasonable to view that this constitutes a ground for ex post request for correction under Article 25-2 subparagraph 2 of the Enforcement Decree of the Framework Act on National Taxes.

(4) Judgment on the defendant's argument (the existence of special circumstances)

The summary of the Defendant’s assertion

Considering that the Civil Act provides that any change in the real right that shall be registered shall take effect, and that the Enforcement Decree of the Corporate Tax Act stipulates that the time when the ownership transfer registration is made even before the real estate is liquidated at the time of transfer, if the ownership transfer registration is not completed due to restitution even if the real estate sale contract is rescinded, the establishment of the sale and purchase contract cannot be the ground for ex post facto request for correction. However, the registration of ownership transfer for the whole land subject to the project in the Plaintiff’s future is not completed according to the resolution of each of the sales and purchase contracts of this case, and it is practically impossible to restore the land to the original state following the cancellation of each of the sales and purchase contracts of this case because there are many third parties such as financial institutions that acquired rights based on each of the contracts of this case. Accordingly, the cancellation of each of the sales and purchase contracts of this case cannot be the ground for ex post request for correction.

Judgment on the above argument

As a matter of course, a real right, which was changed to the execution of a contract, is naturally returned to the original state where the contract was lawfully rescinded (see Supreme Court Decision 94Da1881, May 12, 1995, etc.), even if the cancellation registration of transfer of ownership under each of the instant land sales contracts was not completed, each of the instant land sales contracts is lawfully rescinded and thus the ownership is returned to the original state without relation to the registration. Furthermore, Article 68(1)3 of the Enforcement Decree of the Corporate Tax Act provides that the date when the transfer registration of ownership is completed even before the payment is made in the case of transfer of real estate, shall be the date when the transfer of real estate is made. However, this provision is merely a provision on the period of attribution of profits and losses at the time of the transfer of real estate pursuant to a real estate sales contract, and it shall be deemed that the income not realized due to the cancellation of the real estate sales contract is reduced from the income amount for the business year which belongs to the date on which the restoration is completed. Thus, each of the instant provisions cannot be revoked.

In addition, even if a third party who acquired a new right to the land subject to the instant project based on each purchase and sale contract of each of the instant land, the Plaintiff’s restitution is restricted. From the Plaintiff’s standpoint, each of the instant land sales contracts becomes retroactively null and void, and accordingly, the income accrued from the transfer of the instant land is not realized. Thus, there is no difference between the case where there is no third party as above, and thus, it is difficult to view that there is a third party whose effect of rescission is restricted, and thus, it is difficult to view that there is a special reason to deny the ground for subsequent claim for correction.

(5) Sub-decisions

Therefore, the effect of the cancellation of each of the instant land sales contracts ought to be retroactively attributed to the business year to which the time of conclusion of the contract belongs. Therefore, the instant disposition is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting it.

Justices Go Chang-mo, Counsel

Judges fixed-type

Judges Senior Jin-jin

Site of separate sheet

Details of filing corporate tax returns and requests for rectification

A person shall be appointed.

Relevant statutes

◈ 국세기본법

Article 45-2 (Request for Correction, etc.)

A person who has received the determination of the amount of tax or the amount of tax shall be subject to paragraph (1), if any of the following grounds arises

such determination or correction within two months from the date on which it becomes known that the cause has occurred, regardless of the period prescribed in

section 31.

5. A statutory reporter of the national tax for reasons similar to those prescribed in subparagraphs 1 through 4, which are prescribed by Presidential Decree.

(2) if such action has occurred after

◈ 국세기본법 시행령

"Grounds prescribed by Presidential Decree" in Article 45-2 (2) 5 of the Act means the following grounds:

case that falls under any of the following subparagraphs.

2. Transactions, acts, etc. which form the basis for calculation of the tax base and the amount of tax in filing the initial return, determination, or correction;

contract related to the effect of the contract is rescinded by exercise of the right to cancel or occurs after the contract is concluded;

in the event of cancellation or cancellation for such reasons;

◈ 법인세법

Article 40 (Business Year of accrual of Profits and Losses) (1) The business year of a domestic corporation for which the earnings and losses accrue in each business year shall be the relevant earnings and losses.

The business year which includes the date on which the loss is fixed shall be the business year.

② 제1항에 따른 익금과 손금의 귀속사업연도의 범위 등에 관하여 필요한 사항은 대통령령으로 정한다 . ◈ 법인세법 시행령

Article 68 (Business Year in which Profit and Loss from Sale of Assets, etc. accrue) (1) In applying Article 40 (1) and (2) of the Act, a person shall be punished

The business year of accrual of earnings and losses due to the transfer, etc. of industry shall be the business year which includes the date in the following subparagraphs:

3. Transfer of assets other than commodities: The date the price is settled (the Bank of Korea under the Bank of Korea Act and is acquired and held by the Bank of Korea);

The transfer of assets denominated in foreign currency, such as foreign currency securities, and proceeds received in foreign currency (hereafter referred to as "foreign currency proceeds" in this subparagraph) before the Korean won;

The foreign currency portion of the amount equivalent to the acquired principal shall be the relevant foreign currency price according to the mode prescribed by the Bank of Korea.

(2) The date of conversion into Korean won shall be the date of conversion into Korean won: Provided, That the registration of transfer of ownership, etc. (including the registration) shall be made before the price is liquidated.

or the other party to transfer the relevant assets or use and profit from such assets, the registration date of transfer.

on the date of delivery, delivery, or use or profit-making.

Finally,