2018년 「상속세 및 증여세법」과 지방세법 판례회고

In this article, the author selected and reviewed 9 court cases on the Inheritance and Gift Tax Act and the Local Tax Act that were announced in 2018 and which the author found significant. First, relating to the Inheritance and Gift Tax Act, the article discusses the following cases：(ⅰ) Supreme Court Decision 2012Du27787 dated March 29, 2018 on whether a deemed gift tax is repeatedly applicable in the case of collective exchange of shares held in nominees’ names, (ⅱ) Supreme Court Decision 2018Du36172 dated June 28, 2018 on whether deemed gift tax is applicable in accordance with the rules on documentation of changes in share ownership that were enacted following the acquisition of the shares at issue, (ⅲ) Supreme Court Decision 2017Du48451 dated February 8, 2018 on whether the rules on aggravated valuation of majority shares apply to shares held in others’ names under the law prior to amendment and (ⅳ) Supreme Court Decision 2015Du40941 dated December 13, 2018 on whether in a case where purchase of shares in a newly established company was funded by gifts from the to-be majority shareholder of the new company, the profit from the initial public offering of the shares are subject to gift taxation. Next, with regard to the Local Tax Act, the article discusses the following cases：(ⅴ) Supreme Court Decision 2014Du43110 (en banc ruling) dated March 22, 2018 on the person liable for acquisition tax in a three-party nominee registration case, (ⅵ) Supreme Court Decision 2017Du35684 dated April 10, 2018 on the liability to pay registration fee for a registration that has no valid reason, (ⅶ) Supreme Court Decision 2017Du74672 dated April 26, 2018 on the applicable acquisition tax rate for business that has been acquired by inheritance without inheritance registration, (ⅷ) Supreme Court Decision 2018Du44753 dated October 4, 2018 on whether equity that has increased during a work-out process is subject to deemed acquisition tax, (ⅸ) Supreme Court Decision 2018Du49376 dated November 9, 2018 on whether a majority shareholder who has retrieved his shares formerly held by a nominee is subject to deemed acquisition tax based on the understanding that his majority share percentage has increased. From among these cases, the author considers Supreme Court Decision 43110, which clarified the ambiguity surrounding acquisition tax treatment of shares held by nominees, and Supreme Court Decision 2012Du27787, which is understood to have modified the scope of application of deemed gift taxation, particularly insightful.