2023년 상속세 및 증여세 판례 회고

The purpose of this study is to review the Supreme Court Decisions on the Inheritance Tax and Gift Tax in 2023. A summary of the Supreme Court Decisions covered in this study is as follows. The Supreme Court Decision 2019Du56418 ruling (February 23, 2023) announced for the first time that if a time difference is confirmed between stock contributions made on the same day to multiple public interest corporations, the stocks to be added up are determined based on the time of each contribution and the excess is calculated. The Supreme Court Decision 2023Du32839 ruling (May 18, 2023) confirmed for the first time that the previous precedent regarding the calculation method of ‘net profit or loss value per share’ and ‘price per share’ will remain the same even after the revision of the relevant enforcement decree. The Supreme Court Decision 2019Du56838 ruling (June 29, 2023) judged for the first time that when calculating net profit or loss per share, the ‘corporate tax amount for the relevant fiscal year’ to be deducted from the income of each fiscal year must be the corporate tax amount on income ‘before deducting carryover losses’, in cases where stocks of an unlisted corporation with loss carryover are evaluated according to the supplementary valuation method under the Inheritance Tax and Gift Tax Act. The Supreme Court Decision 2019Du31921 ruling (June 1, 2023) confirmed that the meaning of ‘implementation of a development project’ is ‘a project to increase the value of the land by developing the target land, accompanied by the designation and notification of a development zone by the administrative office’. The Supreme Court Decision 2018Du41327 ruling (June 29, 2023) presented the criteria for judgment：‘Even if the acquired property and the property directly subject to the reason for the increase in property value are different, if a causal relationship is recognized between the reason for the increase in property value and the increase in property value specified in the provisions of this case, the profit is subject to taxation according to the provisions of this case'. The Supreme Court Decision 2020Du52405 ruling (July 13, 2023) confirmed that new shares acquired in the process of a low-price capital increase are subject to gift tax on merger listing profits, considering the legislative purpose of the Inheritance Tax and Gift Tax Act. This Act stipulates donations for merger and listing profits. After a shareholder of an unlisted corporation acquires new shares through a low-price capital increase procedure with cash gifted from a specially related person, the unlisted corporation becomes a listed corporation in the case of an absorption merger. The Supreme Court Decision 2023Du44061 ruling (November 2, 2023) judged clearly for the first time that reporting the division of inherited property is not a requirement for a spousal inheritance deduction based on the actual inherited amount. It merely imposes a duty of cooperation on the heir to report the division of inherited property by the deadline for the division of the spouse's inherited property. This study is meaningful in that it analyzed significant Supreme Court Decisions related to inheritance tax and gift tax declared during 2023, examined the meaning of the target Supreme Court Decisions, and assessed whether the conclusions were reasonable.