TITLE	Supreme Court Decision 2016Du39290 Decided September 8, 2016 ¡¼Revocation of Disposition Imposing Corporate Tax¡½ [full Text]
Summary
Whether the tax authority¡¯s application of the main text of Article 129(3)2 of the Enforcement Decree of the Corporate Tax Act to the calculation of capital gains amount arising from the transfer, by a Luxembourg corporation without a domestic place of business, of securities issued and donated by a domestic corporation, is unlawful as against Article 21 subparag. 1 of the Convention between the Government of the Republic of Korea and the Government of the Grand Duchy of Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, or against Article 28 of the Adjustment of International Taxes Act (negative) In cases where the received income is never actually taxed, whether Article 129(3)2 proviso of the Enforcement Decree of the Corporate Tax Act is inapplicable, even when the said amount is nontaxable under the above Convention (affirmative)

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