Case Number of the immediately preceding lawsuit
Seoul High Court 2011Nu19507 ( December 02, 2011)
Case Number of the previous trial
National Tax Service Review and Transfer 2010-0031 (2010.30)
Title
Since the transfer value of land and buildings cannot be separated, it is legitimate to calculate the transfer value according to the standard market price.
Summary
Since the transfer value of land and buildings cannot be separated, the method of calculating the transfer value is lawful according to the standard market price, and the method of recognizing the acquisition value of land by converting it according to the standard market price is reasonable in accordance with the income tax law.
Related statutes
Article 100 of the Income Tax Act
Article 166 of the Enforcement Decree of Income Tax Act
Cases
2012du805 Revocation of disposition of imposing capital gains tax
Plaintiff-Appellant
Park AA
Defendant-Appellee
Head of the Pakistan Tax Office
Judgment of the lower court
Seoul High Court Decision 2011Nu19507 Decided December 2, 2011
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case, the judgment of the court below, and the grounds of appeal by the appellant are examined, and it is clear that the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases concerning the Procedure for Appeal, and the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by