Cho High 2014Gu1546 (O6.30)

Even if false financial statements from the initial window dressing accounting are made, gift tax taxation is legitimate in relation to the donation of profits from the increase of capital due to inequality.

It is difficult to accept the above argument because it is contrary to the principle of good faith to claim that the non-applicant corporation is in any form of profit-making through window dressing accounting, and that it is against the principle of good faith to claim that the gift tax is divided accounting.

Article 39 of the Inheritance Tax and Gift Tax Act

Daegu District Court 2014Guhap21822 Revocation of Disposition of Imposing Gift Tax

N

O Head of tax office

on 19, 2015

on June 16, 2015

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Cheong-gu Office

The disposition of imposition of gift tax of KRW 198,356,520, which the Defendant rendered to the Plaintiff on December 1, 2013, shall be revoked.

1. Details of the disposition;

A. The Plaintiff is the representative director and shareholder ofCC Communications (hereinafter “CC”), and the forfeited share shares 28,166 shares (hereinafter “instant shares”) were forfeited from the capital increase issued over three occasions in 201.

was allocated. The allocation has been made.

B. From September 2, 2013 to September 27, 2013, the Defendant conducted an investigation on stock change withCC.

The allocation of shares of this case is subject to the increase of capital under Article 39 (1) 1 of the Inheritance Tax and Gift Tax Act.

Article 63(1)1(c) and 63(1)1(c) of the Inheritance Tax and Gift Tax Act deeming that such act constitutes a donation of profits.

on December 1, 2013, the Plaintiff: (a) evaluate its interest pursuant to Article 54(2) of the Enforcement Decree of the Act; and (b) evaluate its interest to the Plaintiff:

The gift tax amount of KRW 198,356,520 was determined and notified as stated in the table (hereinafter referred to as the "disposition of this case").

(c).

C. On March 5, 2014, the Plaintiff sought revocation of the instant disposition to the Tax Tribunal, but on June 2014.

30. was dismissed.

Evidence Nos. 1 through 5, each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings for recognition;

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In 208, 2009, 2009, and 2010, the company's profit was increased by 57,835,272 won by appropriating 59,709,950 won as the development cost instead of appropriating 253,340,210 won as the development cost instead of appropriating 252,792,820 won as the employee's profit, and 253,820 won was increased by 252,792,820 won by appropriating the net profit as the development cost instead of appropriating 252,792,820 won as the employee's profit, 63,380,450 won as the officer's profit in 2010, 212,46,209, and 200 won as the total development cost of each software project.

The Defendant’s disposition of this case, which neglected the allocation of shares, is unlawful, since it is KRW 0,00 in the calculation of profits from the allocation of shares according to the actual financial statements.

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

C. Determination

1) Article 60(1) of the Inheritance Tax and Gift Tax Act provides that "the value of an asset on which gift tax is levied under this Act shall be based on the market price as of the date of donation (hereinafter referred to as the "base date for appraisal"), and Article 60(3) provides that "in case where it is difficult to calculate the market price in applying the provisions of paragraph (1), the value shall be appraised by the methods prescribed in Articles 61 through 65 in consideration of the type, size, transaction situation, etc. of the asset in question" and Article 63(1)1(c) of the Inheritance Tax and Gift Tax Act provides that "in case where it is difficult to calculate the market price, the value according to the so-called supplementary valuation methods" shall be deemed to be "market price", and Article 63(1)1(c) of the Inheritance Tax and Gift Tax Act provides that "in case of stocks and equity shares not listed on an Exchange" shall be appraised by the method prescribed by the Presidential Decree in consideration of the assets and earnings, etc. of the corporation in question, the net asset value per share shall be calculated by dividing 6 "the net asset value per share" to 3.

On the other hand, the burden of proving the net asset value is, in principle, on the tax authority, or in calculating the net asset value of the corporation as of the date of transfer, different from the statement of financial position.

exceptional circumstances, such as a circumstance or circumstance, are against a person liable for duty payment who contests such exceptional circumstances (or on behalf of others)

Court Decision 2002Du12458 delivered on May 13, 2003

2) In light of the following circumstances, in light of the aforementioned evidence, Eul evidence Nos. 6 through 9, and the purport of the entire pleadings, it is insufficient to acknowledge that there was a window dressing accounting as alleged by the plaintiff only with the descriptions of evidence Nos. 6 through 11, and there is no other evidence to acknowledge the plaintiff's assertion. The disposition of this case is legitimate because the defendant cannot be deemed to have any error in assessing the value of the shares of this case, and the plaintiff's assertion is without merit.

(1) The relevant subjects in the statement of profits and losses of 208, 2009, and 2010 and the statement of financial position of the plaintiff

The difference between the stated amount and the claimed amount of the plaintiff is as follows.

【Income Statement】

【Statement of Financial Status】

② The Plaintiff: (i) 2,134,405,211 won actually paid to executives and employees in 2010 (“CC”).

358,746,260 + 1,775,658,951 Won in income statement (=1,858,568,561)

295,365,810 won + 1,563,202,751 won + 1,563,202,751 won) are asserted on the premise that it has under-paid the amount that it paid. However, in the payment statement prepared pursuant to Article 120(1) of the Corporate Tax Act, the payment statement is merely that it disbursed 1,691,060,964 won, which is less than the amount indicated in the above income statement, as an officer’s salary, and even if it paid the above amount to a person who retires from middle-standing, even though it was omitted in the payment statement, it does not include 260,065,587 won (Evidence 10-1), 1,951,126,51 won (=1,691,060,964 won + 260,065,587 won).

③ The Plaintiff asserted KRW 885,256,913 in the year 2010 on the premise thatCC paid KRW 885,256,913 as an advertising agency fee, but failed to submit materials, such as a tax invoice verifying such fact.

④ On the statement of financial position,CC shall include 2,722,915,060 won with the intangible asset in 2011, 4,359,917,848 won with the intangible asset in 2012, and 5,270,981,448 won with the intangible asset in 2013, and the value of the intangible asset in 2013 has increased continuously. In particular, on the statement of financial position prepared after the instant disposition, the intangible asset shall be counted as 5,630,393,452 won with the intangible asset in 2014.

⑤ The development cost and software inspection report prepared by the 00 accounting firm on April 2014 was prepared in the instant lawsuit in whichCC included the portion to be appropriated as employee benefits in 2008, 2009, and 2010 as development cost and its assetization. Accordingly, it conforms to the Plaintiff’s assertion. However, there is no evidence and ground for determination thatCC understates the amount of wages, service cost, etc. and excessively appropriated the development cost. Thus, the content of the above inspection report is not reliable as it is in the instant lawsuit without any objective material proving the Plaintiff’s assertion other than the above inspection report.

3. Conclusion

Therefore, the plaintiff's assertion is without merit, and it is so dismissed as per Disposition.