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1. The Defendant’s imposition of gift tax and penalty tax amounting to KRW 497,209,890 against the Plaintiff on May 9, 2014 shall be revoked.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff, his father, (hereinafter “the deceased”) held 5,00 shares of C Co., Ltd. (hereinafter “the instant company”) with a 5,000 shares, which were held as a representative director. The Deceased, on February 8, 2013, drafted a letter of waiver of the claim against the instant company, giving up KRW 7,770,127,00, which was prior to the death of the deceased.
(hereinafter “instant exemption”). B.
On May 9, 2014, the Defendant: (a) considered KRW 6,170,127,00,000 obtained by subtracting KRW 1,60,00,00 from the processed provisional proceeds confirmed at the time of corporate tax investigation from the above provisional proceeds given the Plaintiff’s waiver of debt; (b) assessed the stock value of the instant company owned by the Plaintiff as KRW 153,247; and (c) imposed gift tax (including additional tax) KRW 497,209,890 on the Plaintiff (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an appeal with the Tax Tribunal on August 8, 2014, but was dismissed by the Tax Tribunal on January 5, 2015.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 3, Eul evidence 1, and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings
2. The legality of disposition.
A. Article 41 of the former Inheritance Tax and Gift Tax Act (amended by Act No. 12168, Jan. 1, 2014; hereinafter “former Inheritance Tax Act”) of the Plaintiff’s assertion excludes profits from donation due to exemption from liability to a juristic person in the case of a black profit-making corporation, even if they were subject to taxation. Notwithstanding that the instant company was a black juristic person at the time of exemption from liability, it was unlawful for the Defendant to make the instant disposition by applying Article 2(3) of the former Inheritance Tax and Gift Tax Act in accordance with the comprehensive taxation of gift tax.
The provisions of Article 2(3) of the former Inheritance and Gift Tax Act concerning the exemption of this case.