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(영문) 대법원 2018. 08. 30. 선고 2018두44746 판결
(심리불속행) 외국법인에게 주식양도대금을 지급함에 있어서, 양도차손이 발생한 경우에도 지급명세서 제출의무가 발생하는지 여부[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2017Nu69412 (Law No. 25, 2018)

Title

(In making a payment of stock transfer price to a foreign corporation, whether the duty to submit a statement of payment arises even in cases where loss from transfer occurs.

Summary

(1) The disposition of this case imposing additional tax on the fact that a foreign corporation has failed to submit a statement of payment, since it has a duty to submit a statement of payment to a person who has paid stocks transfer proceeds, as well as in cases where capital gains have occurred due to transfer of domestic stocks, etc.

Cases

2018Du4476 Revocation of Disposition of Imposing Corporate Tax

Plaintiff-Appellant

AA

Defendant-Appellee

b Head of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2017Nu69412 Decided 25, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the judgment below and the grounds of appeal, since it is apparent that the appellant’s ground of appeal falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices.

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