South Korean Court Upholds Ruling: Government Must Reimburse Lone Star Fund$1.26 Billion in Taxes
Seoul, South Korea –In a significant legal development, a South Korean court has upheld a previous ruling that the central and Seoul city governments must reimburse the American private equity fund Lone Star Funda total of 168.2 billion won (approximately $1.26 billion) in taxes. The Seoul High Court on September 5thaffirmed the original verdict in a case that has been ongoing for several years.
The court’s decision stems from a 2017 lawsuit filed by Lone Star, challenging the South Korean government’s tax assessment on the fund’s profits from its investments in South Korean companies between 2002 and 2005. Lone Star had acquired several prominent South Korean companies during this period, including the foreign exchange bank, Kyobo Construction, and STARLease. The fund subsequently sold some of these companies in 2007, generating substantial profits.
However, the South Korean government argued that Lone Star had not paid sufficient taxes on its profits, citing a tax treaty between South Korea and Belgium. Lone Star claimed that its operations were managed through a conduit company in Belgium, thus qualifying for a lower tax rate. The Seoul Regional Tax Office disputed this claim, asserting that Lone Star had a physical presence in South Korea and levied a tax of approximately 800 billion won on the fund.
In 2017, Lone Star filed a lawsuit seeking the cancellationof a 177.3 billion won corporate tax assessment. The Supreme Court of South Korea, known as the Daejeon High Court, ultimately ruled in favor of Lone Star, acknowledging the fund’s physical presence in South Korea and recognizing that its investments were made by its parent company in the United States.
Following this victory, Lone Star filed another lawsuit in December 2017, demanding the return of 153.5 billion won in corporate taxes. Additionally, in January 2018, Lone Star filed a separate lawsuit against the Seoul city government, seeking the return of local taxes based onsimilar grounds as the corporate tax case.
The Seoul High Court’s recent decision reinforces the Supreme Court’s previous ruling and compels the central government to reimburse Lone Star 153 billion won in corporate taxes and the Seoul city government to reimburse 15.2 billion won in local taxes.
This casehighlights the complexities of international tax laws and the challenges faced by foreign investors in navigating different tax jurisdictions. The decision also underscores the importance of establishing a clear and transparent framework for tax regulations to ensure fairness and predictability for all stakeholders.
The South Korean government has yet to comment on the court’s decision and whether it willappeal the ruling. The case is expected to continue to attract attention as it underscores the delicate balance between attracting foreign investment and ensuring fair tax collection.
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