Case Number of the immediately preceding lawsuit
Busan High Court-2018-Nu20511 ( October 24, 2018)
Title
If a person who transfers non-listed stocks of a small or medium enterprise falls under Article 157 (4) of the former Enforcement Decree of the Income Tax Act, the transfer income tax rate shall apply 20%.
Summary
(Summary) In the case of non-listed stocks, it is reasonable to see that the 'large stockholder' is a 'large stockholder' under Article 157 (4) of the former Enforcement Decree of the Income Tax Act. If such large stockholder transfers stocks, etc. of small and medium enterprises, 20% of the capital gains tax rate shall be applied under Article 104 (1)
Related statutes
Article 104 of the Income Tax Act shall apply to transfer income tax rates.
Cases
Supreme Court Decision 2018Du62683
Plaintiff-Appellant
○○ et al.
Defendant-Appellee
○○ Head of tax office
Judgment of the lower court
Busan High Court Decision 2018Nu20511 Decided October 24, 2018
Imposition of Judgment
February 28, 2019
Text
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by