2021년 소득과세 판례회고

[Purpose]This article reviews five Korean Supreme Court cases sentenced in 2021 regarding income taxation. [Methodology]This Article analyzed 5 cases selected among Korean Supreme Court cases sentenced in 2021 which establised precedents. [Findings]The Supreme Court decision 2020Du55954 is the first decision that differentiates the stock option from the preemptive right and provided the legal basis to calculate earned income from the exercise of the stock option. The Supreme Court decision 2020Du39655 provided that the Corporate tax enforcement ordinance Article 11 Seciton 9－2 item A, which stipulates that the gain includes the provisional payment not collected until the date of termination of the special relationship, is within the scope of entrustment by the old Corporate tax law article 15 section 1 and 3 which stipulates the increase of net assets as one of the requirements of the gain, which is debatable. The Supreme court decision 2020Du53699 reaffirmed existing decisions that person who has pledged his/her property to secure another’s obligation has a duty to pay transfer income tax even when he can’t exercise his right to indemnify against the principal obligator for his insolvency. The Supreme court decision 2016Du63439 is meaningful in that it explicitly stipulates that the meaning of the ‘assignment price’ from the rejection of unfair act and calculation in income tax is different from market price from that in corporate income tax. The Supreme court case 2017Du6337 provided that the acquisition of one’s own stock is legal under the current commerce law and the taxation imposed on the basis that a loan for the acquisition is expense irrelevant to business is illegal. [Implications]The Supreme court cases sentenced in 2021 related to income taxation are meaningful precedents.