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Tax

BKL’s tax practice group is well-recognized in Korea for its advisory work in all aspects of tax practice including planning and resolution of issues related to financial products, securities, M&A and cross-border transactions. BKL’s tax team is comprised of attorneys and accountants who have advised a wide range of clients on all their most challenging and innovative transactions. The professionals of our tax team also have significant experience in providing tax planning and consulting services to foreign corporations and financial institutions facing tax issues specific to foreign entities.

For over twenty years, the tax group has been forming tightly integrated teams with members of other practice groups to seamlessly address all the business concerns of clients in addition to tax issues when completing complex transactions. Since tax issues are rarely isolated from other legal issues arising out of our client’s transactions, the expertise and resources of our firm’s other practice groups allow our clients to receive the most cost-efficient and responsive service possible.

At times, clients require representation before tax authorities or courts in resolving tax liabilities or need assistance in handling tax audits. BKL’s tax team has a established history of success in representing clients in administrative, pretrial and court proceedings to dispute national and local tax impositions. As with the tax team’s work on transactional matters, the tax team works closely with the firm’s litigation group to utilize the expertise of both experienced tax lawyers and reputable litigators.

Major Cases

Of the numerous cases which have been dealt with by the Administration and Tax Practice Group of Bae, Kim & Lee LLC, representative cases that have been recently handled or are being handled by the Group are as follows:

• Representing in Tax Audit and Consulting Services
- Representation of an e-commerce company in tax audit
- Representation in tax audit involving a stock transaction by a major shareholder of a company
- Provision of advice on tax audit to a tire company
- Provision of advice on tax audit to numerous financial institutions
- Provision of advice on tax audit to a steel company
- Representation in tax audit involving inheritance tax and gift tax on individuals

• Gathering of Authoritative Interpretation (Established Rules) from Taxation Authorities
- Established rules concerning goodwill of a government-invested institution
- Established rules concerning corporate taxes and value-added taxes on free port dues of a port company
- Established rules concerning value-added taxes on a railroad company
- Established rules concerning dividend income deduction for investment companies in free economic zone

• Services in Pretrial Procedures
- Case involving a request for judgment on corporate tax of around 40 billion Won on a major media company
- Case involving a request for judgment on corporate tax of around 10 billion Won on a financial institution
- Case involving a request for judgment on corporate tax of around 170 billion Won relating to asset revaluation
- Case involving a request for judgment on gift tax of around 12 billion Won on an individual
- Case involving a request for judgment on duties

• Tax-Related Litigation
- Litigation involving corporate tax of around 80 billion Won relating to asset revaluation
- Litigation involving corporate tax of around 80 billion Won on an oil refiner
- Litigation involving corporate tax of around 20 billion Won on a media company
- Litigation involving corporate tax of tens of billions of Won on a department store
- Litigation involving corporate tax of tens of billions of Won on a financial institution
- Litigation involving value-added tax of around 4 billion Won on an electronic company
- Litigation involving tax on acquisition of a golf course
- Litigation involving regional development tax of around 16 billion Won on a nuclear power generation company
- Litigation involving acquisition tax and registration tax amounting to around 4 billion Won on a broadcasting company
- Litigation involving duties on a nuclear power generation company
- Litigation involving inheritance tax and gift tax on individuals as major shareholders of large, small and medium companies

• Administrative Litigation
- Litigation seeking revocation of a ruling on a golf course
- Administrative litigation involving Saemangeum tideland reclamation project
- Litigation seeking revocation of imposition of administrative levies and dues such as development levy, building site excess ownership contribution, school site levy, water quality improvement levy, traffic generation charge, infrastructure linkage fee, and congestion levy
- Litigation involving various administrative surcharges
- Litigation involving dispositions of refusal of various permits and approvals and revocation of permits and approvals
- Litigation involving disciplinary measures against public officials and teachers

• Criminal Litigation Involving Tax Issues
- Criminal litigation involving alleged tax evasion by a major media company
- Criminal litigation involving alleged tax evasion by a construction company
- Criminal litigation involving a fictitious tax invoice

• Constitutional Litigation
- Constitutional complaint concerning building site excess ownership contribution
- Constitutional complaint concerning regulations on imposition of heavy acquisition tax
- Adjudication on jurisdiction disputes between local governments, or governmental authorities
- Constitutional complaint concerning amended Private School Act
- Constitutional complaint concerning the Special Law for Multifunctional Administrative City Construction
- Constitutional complaint concerning selection of a nuclear waste dump
- Constitutional complaint concerning the publication of the Import Health Requirements for U.S. Beef

• Legislation Consulting Services
- Amendment of the Guarantee of Automobile Accident Compensation Act (2007)
- Amendment of the law on development by a construction company of enterprise cities (2006)
- Amendment of the Act on Infrastructure Linkage Fee (2006)
- Amendment of the Securities and Exchange Act and the Enforcement Decree of the Act (2005)
- Amendment of the Korea Asset Management Corporation Act (2005)
- Enactment of Electronic Financial Transaction Act (2005)
- Amendment of the Foreign Investment Promotion Act (2005)

• Tax and Administrative Consulting Services
- Advice on tax issues in preparing agreements and contracts
- Advice on various tax issues relating to M&A
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