At the time of the former Income Tax Act (amended by Act No. 3576 of Dec. 21, 1982), if there was no final return on the tax base, but there was any data to disclose the actual transaction price, the method of

In view of the provisions of Articles 23(4) and 45(1)1 of the former Income Tax Act (amended by Act No. 3576, Dec. 21, 1982); and Article 170(3) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 10977, Dec. 31, 1982), even if there is no return on the profit accruing from the transfer of property or the final return on the return on the return on the transfer of property, the person liable for tax payment shall impose the transfer income tax on the basis of the actual transaction price when the actual transaction price

Articles 23(4) and 45(1)1 of the former Income Tax Act (amended by Act No. 3576 of Dec. 21, 1982); Article 170(3) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982)

Supreme Court Decision 83Nu146 delivered on November 8, 1983, 83Nu553 delivered on December 27, 1983

Plaintiff

The Director of Gangnam District Office

Seoul High Court Decision 83Gu1130 delivered on October 30, 1984

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

According to Articles 23(4) and 45(1)1 of the Income Tax Act (amended by Act No. 3576 of Dec. 21, 1982), and Article 170(3) of the Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 10977 of Dec. 31, 1982), in calculating gains on transfer, the transfer value and acquisition value shall be based on the actual transaction value in principle, and in cases where a preliminary return on gains on transfer of assets or a final return on tax base is not made or a return is filed differently from the actual transaction value, if the actual transaction value cannot be confirmed by the evidence submitted by the transferor, it shall be based on the standard market price. In full view of the purport of the above provision, even in cases where there is no preliminary return on gains on transfer of assets or a final return on tax base, if the actual transaction value is revealed by the data submitted by the taxpayer, etc., the transfer income tax shall be imposed on the basis of the actual transaction value and it shall not be based on the standard market price (see, etc.).

Although there are some difficulties in the expression at the time of the original adjudication, it is not that the Plaintiff’s report on the gains from the transfer of assets on December 24, 1982 is the final return under Article 100 of the Income Tax Act, but it is not a statement to the effect that the actual transaction price is proved by the report on the gains from the transfer of assets on that date. Ultimately, the judgment below is just in its purport and it is not erroneous in the misapprehension of legal principles or incomplete deliberation, such as the theory of lawsuit

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeon Soo-hee (Presiding Justice)

Since the appointment of a judge of the Supreme Court is during overseas business trip, it is impossible to sign and seal it.