2015년도 상속세 및 증여세법과 지방세법 판례회고

In 2015, seventeen (17) decisions of the Supreme Court related to ‘Inheritance and Gift Tax Act’ and ‘Local Tax Act’ were published in the Supreme Court precedents. Among them, eight (8) decisions bore significant importance. Cases involving ‘Inheritance and Gift Tax Act’ were in relation to ① Gift taxation on indirect gifts via corporations, ② The transferral of money between husband and wife and whether it is possible to levy a gift tax. Cases regarding ‘Local Tax Act’ were in relation to ① Objects of separate taxation land, ② Calculation method of property tax, which is deducted from the comprehensive real estate tax, ③ Housing that can be subjected to a reduction and exemption of the acquisition tax, ④ Deemed acquisition tax of oligopolistic shareholders, ⑤ Heavy taxation on acquisition of real estate in large cities, ⑥ Exemption of acquisition tax for religious organizations and organizations for religious rituals. Among them three (3) cases (the Supreme Court, Oct. 15, 2015; Decision 2013du13266, the Supreme Court, Apr. 16, 2015; Decision 2011du5551, the Supreme Court, Jun. 24, 2015; Decision 2012du7073) are noteworthy. Firstly, the Supreme Court, Oct. 15, 2015; Decision 2013du13266 is meaningful because it recognizes that various types of individual gift tax related provisions can act as tax limitations. Secondly, the Supreme Court, Apr. 16, 2015; Decision 2011du5551 affirms the principle of no taxation without law. Lastly, in case of the Supreme Court, Jun. 24, 2015; Decision 2012du7073, after the passing of judgement, the Ministry of Strategy and Finance revised Gross Real Estate Tax Enforcement Ordinance without considering the issue double taxation. Therefore, even though Gross Real Estate Tax Enforcement Ordinance has been revised, the problem of double taxation still remains.