A Study on Cases on Inheritance Tax and Gift Tax by Tax Tribunal－With an Emphasis on Related Articles and Processing Periods－
Asian Tax Journal Vol. 14 No. 5 (2013), pp. 67-94
Abstract
The purpose of this study is to find out methods which can be taken for rapid proceedings within the scope of not harming accurate judgments in the positions of the appellant and the taxing authorities by analyzing the cases related to inheritance tax and gift tax which are prevailing in tax appeals according to the related law and processing periods. However, this study did not analyze all individual cases nor consider the tax amount at issue and external elements. As a result of analysis of the cases by the tax tribunal related to 2012 inheritance tax and gift tax published at the website of the tax tribunal, related five articles－Article 45－2 (Constructive Gift for Nominal Trust), Article 2 (Gift Tax Taxables), Article 39 (Gift of Profits by Capital Increase), Article 60 (Property Valuation Principle, etc.), and Article 35 (Gift of Profits by Low Price or High Price Disposal of Assets)－were the main related articles. These were continually shown from 2009 to 2012. After grasping the major articles of inheritance tax and gift tax, each cases were analyzed according to the longest, the shortest, and the medium length of the processing period by article. The major issues of individual cases such as “Fact－finding whether Nominal Trust is valid or not”, “Purpose of Tax Evasion”, “Application to Gift by Tax Law”, “Offering” under Securities Exchange Act, “Appropriateness of Appraising the Marketing Values” appeared repeatedly. The results of looking into the differences in the processing periods of individual cases are as follows：First, as the number of issues or the number of the tax dispositions under issue increases, the processing period, Second, as the related facts are more complicated and their scope is wider, the processing period is longer. Third, the processing period for a fact－finding is longer than for interpretation of statutes. Fourth, where there are precedents of the related issue by the supreme court or the tax tribunal of the related issue, the processing period is short. In conclusion, it can be assumed that additional issues which don't have direct effect on a judgement can only increase the processing period, and when specific and objective evidences are presented for supporting the claim in the case of fact－finding, and when precedents of the related issue by the supreme court are presented in the case of interpretation of statues, the processing period can be shortened.
Keywords
- Tax tribunal
- Inheritance tax
- Gift tax
- Processing period
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