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| TITLE | Supreme Court en banc Decision 2014Du43110 Decided March 22, 2018【Revocation of Disposition Imposing Acquisition Tax, etc.】 [full Text] |
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| Summary | |
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In cases where a real estate purchaser concludes a sales agreement and pays the total acquisition price prior to completing the registration of ownership transfer, whether that purchaser is liable for acquisition tax on the date of actual outstanding payment due to having constituted “practical acquisition” as stipulated by Article 105(2) of the former Local Tax Act (affirmative) If the same purchaser thereafter completed the registration of ownership transfer upon the transaction of the real estate in question, whether that purchaser is separately liable for acquisition tax on the registration date due to having constituted “acquisition” as stipulated by Article 105(1) of the former Local Tax Act (negative) Whether this legal doctrine holds true in cases where a purchaser, who paid the total acquisition price of the real estate that was practically acquired, completed the registration of ownership transfer under the name of a title trustee based on a three-party registered title trust agreement and thereafter completed the registration of ownership transfer of the same under the purchaser’s own name (affirmative) |
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