2013년도 소득세법, 상속세 및 증여세법 판례회고

In 2013, 28 Supreme Court cases concerning “Income Tax Law” and “Inheritance and Gift Tax Law” were decided and published. Specifically, there were 3 cases concerning the taxability of income tax, 10 cases concerning calculation of income amount, 1 case each concerning categories of income, attributed tax year of income, attribution of transferred assets and 4 cases concerning other issues in the field of Income Tax Law. In addition, with respect to the Inheritance and Gift Tax Law, there were 2 cases concerning assessment of donated property, 3 cases concerning individual gift tax law provisions, 1 case each concerning taxability of gift tax, payment in kind requirements, public service corporation exemption requirements. Although the Supreme Court cases dealt with this year mostly confirmed the existing Supreme Court’s position from a broad perspective, some of issues have been heard for the first time by the Supreme Court and have value as precedents. Specially, the Supreme Court cases regarding the issue of whether there are ‘justifiable reasons in customary transaction practice’ in sales between unrelated parties, establishment and criteria of nominal trusts deemed as gift, standard for determining the large shareholder’s profits from multilateral mergers are noteworthy and expected to have a meaningful effect in tax practice.