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TITLE [Revocation of Disposition to Levy Corporate Tax]Supreme Court Decision 2007Du10389 Decided July 9, 2009 [full Text]
Summary
[1] How to calculate input tax amount related to a tax-free business where an entrepreneur concurrently operates a taxable business and a tax-free business [2] Corporation concurrently operates a taxable business and a tax-free business, but since goods or services equivalent to input tax amount are only related to the tax-free business, they shall not be deducted from output tax amount. [3] The standard for determining whether the expenses that a corporation expended for its business is ""entertainment expenses"" or ""sales incidental expenses"" under the Corporate Tax Act [4] Claims on the bills fall under the bad debt amount as stipulated in Article 34 (2) of the former Corporate Tax Act for which tax deduction is allowed, where since an advertisement agency firm is supposed to collect advertising prices directly from an advertiser and pay to the corporation the amount after deducting the advertisement agency firm's commission, claims on the bills that the corporation received from the advertisement agency firm as advertising prices were the ones for which 6 months or more have passed since the date they were dishonored [5] Whether a quasi-commission agent falls under ""the person receiving the supply"" as stipulated in Article 17-2 (1) of the Value-Added Tax Act (negative)
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