Busan High Court-2015-Nu 21155 ( October 24, 2015)

Cho Jae-2014-Divisions-88 (Law No. 26, 2014)

(C) The presumption of gift is applied to the actual owner of shares with the purpose of tax avoidance.

(Summary) It is insufficient to recognize that there was no tax to evade in the future at the time of stock title trust or in the absence of any tax to evade in the future. The application of the provision on presumption of donation cannot be avoided solely on the ground that the nominal owner has no purpose of tax avoidance

Donation of title trust property under Article 45-2 of the Inheritance Tax and Gift Tax Act

2015Du49665 Revocation of Disposition of Imposition of Gift Tax

AA

○ Head of tax office

Busan High Court Decision 2015Nu21155 Decided July 24, 2015

November 26, 2015

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but their arguments on the grounds of appeal by the appellant fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per