Asian Tax Journal

Print ISSN 1738-3323 Online ISSN 2733-9270

The Effects of Tax Tribunal Amount, Issue and Restructuring on Processing Time of Tax Tribunal Cases17) -Focusing on Tax Tribunal Case for Non-listed Stock-

  • Bae Hyung-Nam Dongguk University

Asian Tax Journal Vol. 15 No. 5 (2014), pp. 345-372

Abstract

Value of non-listed stock is generally evaluated by the supplementary valuation method, inaccordance with Estate and Transfer Tax Law, because this stock is unclear and unquoted sharesin the market. There can be many disputes between taxpayers and tax authorities that differentlyevaluate non-listed stock. Especially, there are many cases that led to the judgment tax claimarea in tax tribunal. Therefore this area can be adequate topic on analysing whether tax tribunalsystem effectively is functioning in enhancing the tax relief system with taxpayer rights. This study analyzes whether the amount of the claimed, issues and tax tribunal restructuringaffect the processing time of tax tribunal case, using 1,206 case, 1989-2011. The results of thisstudy are as follows;First, there is a positive coefficient between amount and process time of tax tribunal cases. Itshows that high amount of cases can be related to complicated transaction and process ininvestigating facts etc., so high amount of tax tribunal require more times to process the case. Second, payment in goods(non-listed stocks) of tax tribunal issues has a positive relationshipwith process time of it. There are steps in process of evaluating, judgement and gathering judgemeeting for non-listed stock. So, more processing time is required to judge this issue. Third, since restructuring of Korea Tax Tribunal into the subsidiary organs of the primeminister, the processing time is shorten. This phenomenon says that independence of thisorganization is secured and is effectively functioned. So this restructure makes contributions toenhance the taxpayer rights. This paper is to provide opportunities of improvement in tax tribunal system in order to protectand promote taxpayer rights.

Keywords

  • Tax Tribunal
  • Non-listed stock
  • Meta analysis
  • Processing time of tax tribunal

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