[corporate tax law]When CEO Approves Retirement Expenses

 

Preliminary answer to the palm of the CEO retirement time.

[Summary].

Chief executive officer at the retirement allowance was CEO retirement allowance was a retirement nest egg is registration of dissolution, if a date belongs to the palm of the business year to that. ​ ​

[answers]

The corporation to give birth as chief executive officer at the retirement allowance was CEO retirement allowance was a retirement nest egg is registration of dissolution, if a date belongs to the palm of the business year with.That

[relevant laws]. Article 43 of the Enforcement Decree of Corporate Income Tax Act.

1.Facts

○2017.8.21 is a query.CEO of marine and his retirement and liquidation.Sworn in,

○Question and by holding a general meeting of shareholders and corporate dissolution of former CEO retirement date (2017.8.21.)A resolution to pay severance payments based on the ship.

2.Your query

○If you be retiring CEO, and in accordance with the liquidators and dissolved the corporation.Attributable profit or loss of retirement benefits be paid when the CEO retirement time.

3.Relevant laws and relevant cases.

○ Management of the Enforcement Decree of the Corporate Income Tax Act. 【 non-inclusion of bonuses and Article 43.

⑤ by the dissolution of a retiring official or a childbirth allowance paid to, or a buy-out package, such as the end of the business year in palm reader.

○ Management of the Enforcement Decree of the Corporate Income Tax Act. 【 non-inclusion of severance benefits and Article 44

① Retirement benefit. workers be paid to corporate executive or employee retirement benefit (「Article 2 of the security law 」No. 5 in accordance with the provisions of benefits.) or less the same.(is called real retirement in this section below.) retirement official or employee is in reality if only be paid to the inclusion in the palm.Revised 2006.2.9 < >

② Actually have to pay a retirement benefit is a real retirement is following.One of each part, if applicable, including in.< 2005.2.19, 2005.8.19, 2009.2.4, 2006.2.9, 2010.2.18 >.

1.When taking office as director of the corporation of the year, the use of a corporation.

2. Reorganization alteration of the corporation is part of an official or employee of the corporate & & split or merger.When retired by the transfer business.

 3. Article 8, the Retirement Benefits Act 」 「 workers.Prepaid retirement benefits in accordance with paragraph 2.Settlement payable when (the new settlement from the point of the time the cause of the length of service.Only when calculating the retirement benefits.).

4.Delete < 2015.2.3 >

five Long-term care or retirement payment in accordance with regulation delegated under the Articles of Association articles of association, etc.Retirement benefit up to the reasons set by the ordinance of the Strategy and Finance to the intermediate.When (payment from the point of early settlement paid to executives, by new on the length of service.The calculation of the time the cause of retirement benefits only if.).

○ Management of general basic corporate tax law. 【 1 26 - 44 ... realistic and scope of retirement.

①, if applicable, in the subparagraphs of 1 in realistic to retirement.

1.A corporation under direct management of the vehicle driver is former case of corporate membership as a driver of the vehicle jiip

2. Corporate official or employee of the retirement by the company rules after all.Extraordinary civil service if hired as a (entrustment) a temple of the East of eumnal

3. Corporation amalgamated to be killed by a merger of the executive retirement benefits, according to the payment provisions.When executives of the merged entity and actually receive the severance benefits.

 4. If senior positions part time is of full-time executives.

② Oh, not as if one of the following items corresponding to the real retirement.Nianda.

 1. If officials are second consecutive term.

2. On the side of the calculation due to changes in the majority shareholder of a corporation, killed by other reasons.If, retirement benefit paid to revise < 2008.07.25 >.

3.If you transfer to domestic branches of foreign corporation's employees are (home) the head office.

4. Or former employees in accordance with the privatized, including government-invested institutions accepted the resignation of the number now.Rayan, just after a revision, < jaechaeyong 2001.11.01 >.

 5. Retirement Benefits Act worker 「 」 Article 8Prepaid retirement benefits in accordance with paragraph 2. If a joined up, but this did not actually have to pay.However, the interim settlement for financial situation of the company, for example, the severance benefits a period of time in accordance with failing agreement between labor and management in accordance with the full retirement benefits. If you are a partial payment to buy part of the first payment date.Eobyeondo of inclusion in the palm reader.Revised 2008.07.25 < >

○ Management of the Enforcement Decree of the Corporate Income Tax Act. Section 42 of the 【 and range of entertainment expenses

① shareholders or investment (It is called shareholders,) me. The following one. (as less than officials.) those who work in one's duties corresponding to the one.OrEntertainment expenses of the people shall be the responsibility to nature for corporate spending is not seen as the entertainment expenses.< 2008.2.22, 2018.2.13 >.

1.A corporation's Executive Director, Chairman, President CEO, Chairman, vice president, and number of members of the Board of Directors such as managing director. Liquidators

2.Business-conducting employee or director of the unlimited partnership company, joint-stock company and a limited company.

3.Of managing limited liability company

4.thanks

five In addition No. 1 from 4 to require those engaging in tasks pursuant to regulation.

○ Management of commercial law Article 531 【 liquidator's decision and then.

① At a time when the dissolution of companies in mergers & Middle and segmentation, or director except in the case of bankruptcy liquidators are to be.However appointed the others at a shareholders meeting, set by other articles of association or That's not the case.Revised 1998.12.28 < >