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(영문) 서울행정법원 2012.05.04 2011구합19963
법인세부과처분취소
Text

1. The corporate tax of 1,179,368,610 won for the business year ending on June 30, 2004 against the Plaintiff on June 1, 2009 by the Defendant.

Reasons

Details of the disposition

The Plaintiff, on July 2, 200, held the shares of Vivi International Inc. (hereinafter referred to as the “VI”) located in the United States Deelwa State as of November 2, 2003, holding 150,040 shares of the Plaintiff 150,040 shares (%) in the number of shares after the reduction of the capital for capital for consideration, (150,040 August 2, 8, 2040, the total of 20,000 December 7, 2007, and total of 170,040,000. 39,000. 1,000,000 shares of the remaining 20,000 shares (88.2%) in the Republic of Korea under the Corporate Tax Act.

VI reduced 131,040 U.S. dollars per share of the Plaintiff’s shares on July 3, 2003 (hereinafter “instant capital reduction”) while keeping the shares of the remaining industry as it is, and the ratio of shares of VI due to capital reduction for consideration is as follows:

VI, on June 18, 2003, immediately before the instant capital reduction, merged the Concetoss Texti (hereinafter “CT”) with a subsidiary holding 100% shares (hereinafter “instant merger”), which was based on US$ 247,530 (200), US$ 379,183.94 (201), US$ 543,15.84 (2002).

The director of the Seoul Regional Tax Office, while carrying out the corporate tax investigation of the Plaintiff, did not legally merge between VI and CT, does not reflect the net profit and loss value of CT at the time of the stock appraisal of VI, and therefore, if V shares are assessed based on the net profit and loss value of V at the time of the instant tax reduction, the value per share would be USD 83.51,00 per share. When the Plaintiff assessed V shares at the time of the instant tax reduction based on VI’s net profit and loss value, the Plaintiff would reduce the net profit and loss value per share to USD 50,000 per share, resulting in the Plaintiff’s increase in the price of USD 2,675,468,735 per share, thereby contributing profits to the remaining industry ($ 83.51,00 per share assessed ($ 50,000 per share assessed) ¡¿ 131,040 per share x 11,188.1 (exchange rate).

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