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| TITLE | Supreme Court en banc Decision 2008Du8499 Decided January 19, 2012【Revocation of Disposition Imposing Acquisition Tax, etc.】 [full Text] |
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| Summary | |
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[1] The relation between the principle of taxation on substance under Article 14 of the former Framework Act on National Taxes and the principle of no taxation without the law, and whether the principle of taxation on the person of actual ownership should apply to determining the taxpayer of acquisition tax pursuant to Article 105(6) of the former Local Tax Act (affirmative), and its decision criteria [2] Where Companies A and B (subsidiaries) ?in which Company C (mother company) own 100% of shares ?acquired 50% of shares of Company D and where the remaining 25% of shares of Company E (75% held by Company B) was acquired by Company C, the competent tax authority saw Company A as the oligopolistic shareholder of Companies D and E and levied acquisition tax on Company A under Article 105(6) of the former Local Tax Act, the case holding that the lower court erred by misapprehending the principle of taxation and deeming that Company A is not liable for payment of acquisition tax by focusing on form and appearance of acquisition |
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