(1) The transfer value of assets under subparagraphs of Article 94 (1) shall be determined with the actual trading price between the transferor and the transferee at the time of the transfer of such assets. <Amended by Act No. 14389, Dec. 20, 2016>
(2) Deleted. <by Act No. 14389, Dec. 20, 2016>
(3) In any of the following cases where a resident transfers any of the assets referred to in Article 94 (1), the value shall be deemed the actual trading price at the time of the transfer of the asset for the purpose of applying paragraph (1) to such case: <Amended by Act No. 11146, Jan. 1, 2012; Act No. 14389, Dec. 20, 2016; Act No. 16104, Dec. 31, 2018>
1. The market value under subparagraph 12 of Article 2 under the Corporate Tax Act, where assets are transferred to a corporation identified as a related party under Article 52 of the same Act (including a foreign corporation; hereafter referred to as “related party” in this paragraph) and there is an amount appropriated for bonus, dividends, etc. of the relevant resident under Article 67 of the same Act;
2. The value calculated by subtracting the value of assets donated as a gift from the transfer value, where assets are transferred to any person other than related parties at a price higher than the market value and there is an amount regarded as the value of donated assets of the relevant resident under Article 35 of the Inheritance Tax and Gift Tax Act.
(4) Deleted. <by Act No. 14389, Dec. 20, 2016>[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009]