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TITLE Supreme Court Decision 2009Du19229, 19236 Decided April 28, 2011[Revocation of Disposition to Impose Value-Added Tax] [full Text]
Summary
[1] Criteria to determine whether a U.S. corporation possesses a permanent establishment within Korea [2] In a case where Gap, a foreign company based in the U.S., established a service contract with Eul, its Korean subsidiary, to deliver information through node equipment and specific information receivers within Korea, and the sales representatives of one of Gap's foreign offices conducted promotion and training at Eul's office, upon which the tax authorities viewed Gap as possessing a permanent establishment within Korea and imposed value-added tax upon Gap, the court affirmed the ruling by the court below that the above business activities do not constitute an essential and important portion of Gap's business, thus Gap could not be seen as possessing a permanent establishment within Korea
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