Whether the export loss reserve fund is a liability to be deducted from the property value when calculating the net asset value of the corporation

Since corporate tax, resident tax and defense tax are not imposed on it because it is not included in the gross income even after the prescribed period has elapsed, it does not correspond to the liability to be deducted from the appraised value of the property of the corporation concerned, since it is not definite whether it will be subject to taxation.

The contents of the decision shall be the same as attached.

Whether the export loss reserve and overseas market development reserve prescribed in Articles 22 and 23 of the Regulation of Tax Reduction and Exemption Act fall under the liabilities to be deducted from the net asset value of the corporation in calculating the net asset value of the corporation concerned in order to calculate the value of stocks not listed on the Stock Exchange at the time of commencing the inheritance.

In calculating the net asset value of the corporation in order to calculate the value of the stocks not listed on the Stock Exchange at the time of commencing the inheritance, corporate tax on the income accrued until the date of commencing the inheritance, which is one of the liabilities stipulated in Article 5 (5) 1 (c) of the Enforcement Decree of the Inheritance Tax Act (amended by Presidential Decree No. 12567 of Dec. 31, 198) and Article 5 (3) of the Enforcement Rule of the same Act, and resident tax and defense tax on the income that is included in the appraised value of the corporation until the date of commencing the inheritance, shall be limited to those which have already been or are to be imposed on the income that is included in the appraised value of the corporation, and the export loss reserve and overseas market opening reserve prescribed in Articles 22 and 23 of the Regulation of Tax Reduction and Exemption Act shall not be deemed to be part of the appraised value of the corporation's property from the time of inclusion of the income in the calculation of the net asset value of the corporation, and each of the above reserves shall not be offset from the reserves, and shall not be assessed even if the reserve is determined.

Article 9 of the Inheritance Tax Act, Article 5 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 12567 of Dec. 31, 198), Article 5 of the Enforcement Rule of the same Act, Article 22 of the Regulation of Tax Reduction and Exemption Act, and Article 23 of the same Act

The plaintiffs' claims are dismissed. The costs of lawsuit are assessed against the plaintiffs.

1. On the basis of: (a) No. 1; (b) evidence No. 2; (c) evidence No. 6-2; (d) evidence No. 5; (c) evidence No. 1; (d) evidence No. 5; (c) 4; (d) 5; (e) 8; (e) 4; and (e) the value of the inherited property calculated on the basis of No. 741; (c) No. 96; (d) No. 1; (e) the value of the inherited property calculated on the basis of No. 1; (e) No. 1; and (e) No. 1; (e) No. 4; (e) No. 1; and (e) No. 1; (e) No. 4; and (e) No. 1; and (e) No. 9; and (e) No. 1; and (e) No. 1; and (e) No. 8; and (e) No. 1; and (v. 2) the value of the inheritance property reported No. 1;

2. The defendant asserts that the taxation disposition in this case is legitimate on the grounds of the above taxation grounds and applicable provisions of law. The plaintiffs asserted that the export loss reserve and overseas market opening reserve included in deductible expenses in calculating the income amount under Articles 22(3) and 23(3) of the Regulation of Tax Reduction and Exemption Act shall include the amount calculated by dividing the reserves by 36 years (five years for export businesses as prescribed by the Presidential Decree) after the end of the taxable year which includes the taxable year in which the reserves are included in deductible expenses ± the amount calculated by multiplying the number of months in the taxable year concerned by the number of months in the taxable year concerned ± 400,660, and 485 won included in deductible expenses in calculating the income amount in the taxable year concerned, the non-party company's above 20,198, 145 won, defense tax 】 24,639, 294, 2505, 260, 3605, 250, 360, 465

The first sentence of Article 9(1) of the Inheritance Tax Act provides that the value of inherited property, the value of inherited property, the value of donated property to be added to the value of inherited property, and the value of inherited property shall be based on the current status as at the time of commencement of inheritance. Article 5(1) of the Enforcement Decree of the same Act provides that the value according to the current status as at the time of commencement of inheritance provided for in Article 9 of the Act or the value as at the time of imposition of inheritance tax shall be calculated based on the method provided for in paragraphs (2) through (5) if it is difficult to calculate the market price at the time of commencement of inheritance. Article 9(5) of the same Act provides that the value of securities shall be assessed according to the method provided for in subparagraph 1(b) (B) of the same Article (which is before the revision of December 31, 198) and the net asset value of the corporation shall be calculated by deducting the net asset value of the corporation at the time of commencement of inheritance from the net asset value of the corporation at the time of commencement of inheritance.

Therefore, corporate tax to be imposed on the export loss reserve funds and overseas market opening expenses; health expenses to be imposed on the non-party 1, resident tax and defense tax corresponding thereto; Articles 22(1) and 23(1) of the Regulation of Tax Reduction and Exemption Act provide that if the export loss reserve funds and overseas market opening reserve funds are appropriated as losses in order to cover the expenses for the loss incurred from the foreign exchange earnings business; and Articles 22(2) and 23(2) of the same Act provide that if losses incurred from the overseas exchange earnings opening reserve funds or incurred from the overseas market opening expenses or incurred from the overseas market opening expenses for the same year after such inclusion in deductible expenses, the amount of such losses or expenses may be offset as long as the amount of income for the non-party 2, including the export loss reserve funds and overseas market opening expenses for the above year after such inclusion in deductible expenses, and Articles 22(3) and 23(3) of the same Act provide that the amount of income for the non-party 1, which would still be included in deductible expenses for the year concerned, within two years after such inclusion in deductible expenses.

3. Therefore, the plaintiffs' claims of this case seeking revocation on the premise that the defendant's taxation disposition against the plaintiffs is illegal, are without merit, and each of the costs of lawsuit is dismissed and decided as per the disposition by the plaintiffs as the losing party.