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1. The Defendant imposed gift tax of KRW 2,033,260,510 on Plaintiff A on June 1, 2012, and imposed tax on Plaintiff B.
Reasons
Details of the disposition
A. The Plaintiffs are shareholders of E Co., Ltd. (hereinafter “instant company”); Plaintiff A owns 7,00 shares of 20% out of 3,500 shares issued by the instant company; Plaintiff B, the spouse of Plaintiff A, owns 3,500 shares of 10%; Plaintiff C, the children of Plaintiff A and B, and Plaintiff C and D own 12,250 shares of 35%, respectively.
B. On May 3, 2010, Plaintiff A’s mother donated 169,000 shares of G Co., Ltd. (hereinafter “instant shares”) to the instant company (hereinafter “instant donation”).
C. As to the donation of the instant shares from F, the instant company included KRW 74.1 billion, which is the value of the instant shares, in the account of assets increase profit.
Of the stock value of this case on August 31, 2010, the Plaintiffs deemed that the amount of KRW 4,991,000,000, which was at the time of the said donation, to be the deficit of the instant company on May 3, 2010, the amount of KRW 4,991,00,000 as of May 3, 2010 is equivalent to the shares of each of the Plaintiffs, and thus, pursuant to Article 41 of the former Inheritance Tax and Gift Tax Act (amended by Act No. 10411, Dec. 27, 2010; hereinafter “Gift”) and Article 31 of the former Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 22579, Dec. 30, 2010; hereinafter “Enforcement Decree of the Inheritance Tax and Gift Tax Act”), Plaintiff A paid KRW 207,47,480, Plaintiff B, 79,949,379,639,69,639.
E. In addition, on March 13, 2011, the instant company reported and paid to the Defendant the amount of KRW 69.1 billion, excluding KRW 4,991,00,000 from the value of the instant shares at KRW 74.1 billion, along with the corporate tax base for the business year 2010, in addition to the corporate tax base for the business year 2010.
F. The director of Busan Regional Tax Office conducted an investigation on the change of stocks with respect to the instant company, etc. and conducted an investigation on the change of stocks, etc., and even the instant company received the instant stocks from F, thereby increasing the value of the Plaintiffs’ stocks.