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(영문) 대법원 2015. 05. 14. 선고 2015두36409 판결
비영리내국법인이 법인세 신고기한 내에 과세표준으로 신고하지 않은 이자소득은 분리과세로 과세절차가 종결됨[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu55290 ( December 16, 2014)

Title

Interest income which a non-profit domestic corporation has not reported as the tax base by the filing deadline of corporate tax is completed as separate taxation procedure.

Summary

The purpose of Article 62 (1) of the Corporate Tax Act is to grant the authority to choose whether to be subject to preferential taxation measures to non-profit domestic corporations, and to restrict the selection time limit until the time of filing a tax base return is to determine the tax law relationship between the taxpayer and the tax authority at an early stage and to grant legal stability.

Related statutes

Article 62 of the Corporate Tax Act

Article 29 of the Corporate Tax Act

Cases

2015du36409 Disposition of revocation of revocation of corporate tax rectification

Plaintiff-Appellant

AAA Mutual Aid Association

Defendant-Appellee

Head of the District Tax Office

Judgment of the lower court

Seoul High Court Decision 2014Nu55290 Decided December 16, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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