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1. On March 15, 2017, the Defendant imposed a gift tax of KRW 6,172,076,480 (including additional taxes) on the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 2, 2014, the Plaintiff entered into a contract with B Co., Ltd. (hereinafter referred to as “B”, and the part of the Co., Ltd. among the company names is omitted) under which the Plaintiff would transfer ordinary mining rights (registration number, EF, and hereinafter referred to as “instant mining right”) to KRW 11.5 billion with respect to the Gyeongjin-gun, Chungcheongnam-do, and two mining areas located in D (hereinafter referred to as “instant mining area”) owned by the Plaintiff, and registered the transfer of the above mining right on December 8, 2014.
B. On December 15, 2014, the Plaintiff received the payment under the instant transfer contract from B, and reported and paid KRW 424,978,932 on May 31, 2015, deeming it as other income.
C. From June 2, 2016 to November 23, 2016, the director of the Seoul Regional Tax Office: (a) determined that the instant mining right is subject to gift tax pursuant to Article 35(2) of the former Inheritance Tax and Gift Tax Act (amended by Act No. 13557, Dec. 15, 2015; hereinafter “Inheritance Tax Act”); (b) determined that the instant mining right is transferred at a price substantially higher than the market price without justifiable grounds in light of transaction practices; and (c) that the Plaintiff was notified the Defendant of the assessed amount exceeding KRW 57,315,545, and Article 26 of the Enforcement Decree of the Inheritance Tax and Gift Tax Act (amended by Presidential Decree No. 26069, Feb. 3, 2015; hereinafter “Enforcement Decree of the Inheritance Tax and Gift Tax Act”) pursuant to the supplementary evaluation methods under Article 59 of the same Act, and that the Plaintiff was given a presumption of KRW 300,00,5415,515
On March 15, 2017, the Defendant decided and notified the Plaintiff of KRW 6,172,076,480 (including additional taxes) of the gift tax attributed to the year 2014 according to the taxation data notified as above.
(hereinafter “instant disposition”) e.
The Plaintiff is dissatisfied with the instant disposition and to the Tax Tribunal on June 13, 2017.