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Local Tax Act


Published: 2013-06-07

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe taxation requirements of respective items of local tax imposed by local governments, imposition and collection thereof, and other necessary matters.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as provided for in the Framework Act on Local Taxes, unless otherwise stipulated herein.
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 Article 3 (Tax-Levying Authority)   print
A local government which imposes and levies a local tax pursuant to this Act shall be the tax-levying authority of the relevant local tax according to the classification of tax items of each local government under Articles 8 and 9 of the Framework Act on Local Taxes.
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 Article 4 (Statutory Standard Price of Real Estate, etc.)   print
(1) The statutory standard prices of land and houses applicable in this Act shall be the publicly announced values pursuant to the Public Notice of Values and Appraisal of Real Estate Act: Provided, That where officially assessed individual land prices or individual housing prices are not publicly announced, such prices shall be values calculated by the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as "head of the competent Si/Gun") using the standard comparison table of land price and the standard comparison table of housing price provided by the Minister of Land, Infrastructure and Transport pursuant to the said Act, and where collective housing prices are not publicly announced, such prices shall be values calculated by the head of the competent Si/Gun, according to the standards prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The statutory standard prices of buildings (including a building exclusive of its land as a house, the individual housing price or collective housing price of which has not been publicly announced as at the time of construction due to its new construction), other than those stipulated under paragraph (1), ships and aircraft, and other objects of taxation shall be those determined by the head of the competent local government according to the standards prescribed by Presidential Decree in consideration of characteristics of each object of taxation, such as the kind, structure, use, number of years elapsed, etc. based on the standard price determined considering a transaction price, importation price, costs to be incurred in newly constructing, building or manufacturing such buildings, ships or aircraft, and other matters.
(3) The determination of the statutory standard prices under paragraphs (1) and (2) shall be deliberated upon by the Local Tax Deliberative Committee under Article 141 of the Framework Act on Local Taxes.
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 Article 5 (Application of the Framework Act on Local Taxes)   print
Unless otherwise provided for in this Act, other Acts and subordinate statutes, the Framework Act on Local Taxes shall govern the imposition and collection of local tax.
CHAPTER II ACQUISITION TAX
SECTION 1 Common Provisions
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 Article 6 (Definitions)   print
The terms used in relation to acquisition tax shall be defined as follows: <Amended by Act No. 11617, Jan. 1, 2013; Act No. 11690, Mar. 23, 2013>
1. The term "acquisition" means original acquisition, acquisition by succession, or all other acquisitions with or without compensation which include acquisitions resulting from sale, exchange, inheritance, donation, contribution, investment in kind to a corporation, construction, repair, reclamation of public waters, creation, etc. of land through reclamation, and any other acquisition similar thereto;
2. The term "real estate" means land and buildings;
3. The term "land" means land stipulated under the Act on Land Survey, Waterway Survey and Cadastral Records;
4. The term "building" means buildings under Article 2 (1) 2 of the Building Act (including buildings similar thereto), and leisure facilities, storage facilities, docking facilities, landing facilities, conduit facilities, water supply/drainage facilities, energy supply facilities, and other similar facilities fixed to the ground, or installed underground or on other structures (including facilities annexed thereto) prescribed by Presidential Decree;
5. The term "construction" means construction stipulated under Article 2 (1) 8 of the Building Act;
6. The term "repair" means remodeling stipulated under Article 2 (1) 9 of the Building Act, and installation or repair of not less than one kind of facility prescribed by Presidential Decree, among those annexed to a building;
7. The term "vehicle" means all vehicles equipped with a motor, trailers, and all machinery carrying passengers or freight on the track;
8. The term "mechanical equipment" means mechanical equipment used for construction works, freight loading and landing, and mining, prescribed by Ordinance of the Ministry of Security and Public Administration, among construction machinery stipulated under the Construction Machinery Management Act and mechanical equipment similar thereto;
9. The term "aircraft" means an airplane, airship, glider, rotorcraft, and other flight equipment similar thereto prescribed by Presidential Decree which a person boards and pilots for aviation;
10. The term "ship" means steamships, sailing ships, barges and all other ships, regardless of their name;
11. The term "standing timber" means fruit trees, forest trees and bamboos on the ground;
12. The term "mining right" means a mining right stipulated under the Mining Industry Act;
13. The term "fishing right" means a fishing right stipulated under the Fisheries Act or the Inland Water Fisheries Act;
14. The term "golf membership right" means a right to use a golf course as a member of a golf course operated in a membership system under the Installation and Utilization of Sports Facilities Act;
15. The term "riding club membership right" means a right to use a riding club as a member of a riding club operated in a membership system under the Installation and Utilization of Sports Facilities Act;
16. The term "condominium membership right" means a right to use facilities prescribed by Presidential Decree which include a condominium under the Tourism Promotion Act and other recreational facilities similar thereto;
17. The term "membership right to use athletic facilities complex" means a right to use athletic facilities complex operated in a membership system under the Installation and Utilization of Sports Facilities Act.
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 Article 7 (Persons Liable to Pay Tax)   print
(1) Acquisition tax shall be imposed on a person who has acquired real estate, a vehicle, mechanical equipment, aircraft, ships, standing trees, mining right, fishing right, golf membership right, riding club membership right, condominium membership right or membership right to use athletic facilities complex (hereafter referred to as "real estate, etc." in this Chapter).
(2) Real estate, etc. is deemed acquired when it is substantially acquired even if the acquisition of such real estate, etc. is not registered or recorded under the relevant Acts and subordinate statutes, such as the Civil Act, the Motor Vehicle Management Act, the Construction Machinery Management Act, the Aviation Act, the Ship Act, the Standing Timber Act, the Mining Industry Act, the Fisheries Act, etc., and thus the owner or transferee of the relevant article shall be deemed an acquirer, respectively: Provided, That this shall apply only to acquisition by succession in cases of vehicles, mechanical equipment, aircraft, and custom-built ships.
(3) With respect to parts belonging to mechanical facilities and other incidental facilities of a building, which constitute utility value as a building together with its main structure, even in cases where a person other than the acquirer of the main structure has installed such parts, the acquirer of the main structure shall be deemed to have acquired such parts together with the main structure. <Amended by Act No. 11617, Jan. 1, 2013>
(4) Where the value of a ship, vehicle and mechanical equipment has increased due to the change of its kind, or the value of land has increased due to the actual change in its land category, such increased value shall be deemed to have been acquired.
(5) Where a person becomes an oligopolistic stockholder pursuant to subparagraph 2 of Article 47 of the Framework Act on Local Taxes (hereinafter referred to as "oligopolistic stockholder") by acquiring the stocks or shares of a corporation, the oligopolistic stockholder shall be deemed to have acquired the real estate, etc. of the corporation: Provided, That this shall not apply where a person becomes an oligopolistic stockholder by acquiring stocks or shares issued at the time of incorporation. <Amended by Act No. 10416, Dec. 27, 2010>
(6) Where a person imports any article subject to assessment of acquisition tax which is held by a foreigner (limited to a vehicle, mechanical equipment, aircraft, and ship) on lease for the purpose of directly using it or lending it to local users of leased facilities, the importer of such article shall be deemed to have acquired it.
(7) Where the acquisition is made through inheritance (including bequest and universal bequest made by an ancestor to his/her heir, and inheritance of trust property; hereafter the same shall apply in this Chapter and Chapter III), each heir is deemed to have acquired the article to be inherited (referring to the acquired article equivalent to shares, if shares are acquired). In such cases, Article 44 (1) and (5) of the Framework Act on Local Taxes shall apply mutatis mutandis to the heir's duty to pay. <Amended by Act No. 10416, Dec. 27, 2010>
(8) Real estate for housing (referring to collective housing and appurtenant facilities thereof, welfare facilities thereof, and land annexed thereto) of an association which is acquired by a housing association under Article 32 of the Housing Act and a housing reconstruction association under Article 16 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereafter referred to as "housing association, etc." in this Chapter) for its members shall be deemed to have been acquired by its members: Provided, That real estate which does not revert to members of an association (hereafter referred to as "real estate for non-members" in this Chapter) shall be excluded.
(9) Even where a lessor under the Specialized Credit Finance Business Act leases facilities, such as construction machinery or vehicles, and where the registration is made in the name of the lessee pursuant to Article 33 (1) of the same Act, such construction machinery or vehicles shall be deemed acquired by the lessor. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
(10) Even if construction machinery or vehicles are registered in the name of a business leasing construction machinery or a business of transportation, where it is substantiated that any other person has paid the acquisition money of construction machinery or vehicles, based on purchase contract, tax invoice, ledger of vehicle owners, etc. for the relevant construction machinery or vehicle, such construction machinery or vehicles shall be deemed acquired by the person who has paid the acquisition money. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
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 Article 8 (Places for Tax Payment)   print
(1) Places to pay acquisition tax shall be stipulated as follows: <Amended by Act No. 10416, Dec. 27, 2010>
1. Real estate: The location of real estate;
2. Vehicles: The place where registered under the Motor Vehicle Management Act: Provided, That where the place of registration is different from the place of actual use, the place of actual use shall become the place for tax payment;
3. Mechanical equipment: The place where registered under the Construction Machinery Management Act;
4. Aircraft: The location of the aircraft shed;
5. Ships: The location of the port of registry;
6. Standing timber: The location of standing timber;
7. Mining rights: The location of a mining area;
8. Fishing rights: The location of fishing grounds;
9. Golf membership right, riding club membership right, condominium membership right or membership right to use athletic facilities complex: The location of the relevant golf course, riding club, condominium or athletic facilities complex.
(2) Where a place for tax payment stipulated under paragraph (1) is not clear, the location of the relevant acquired article shall be deemed the place for tax payment.
(3) Where the same acquired article extends over two or more local governments, acquisition tax shall be apportioned according to its location, as prescribed by Presidential Decree.
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 Article 9 (Non-Taxation, etc.)   print
(1) No acquisition tax shall be imposed on any acquisition by the State, a local government, local government association, foreign government and international organization in Korea: Provided, That acquisition tax shall be levied on any acquisition by a foreign government which imposes taxes on any acquisition by the government agencies of the Republic of Korea.
(2) No acquisition tax shall be imposed on any real estate acquired on condition of reversion or donation to the State, local government or a local government association (including reversion of such real estate in the method stipulated under subparagraph 3 of Article 4 of the Act on Public-Private Partnerships in Infrastructure) or on infrastructure falling under any item of subparagraph 1 of Article 2 of the Act on Public-Private Partnerships in Infrastructure. <Amended by Act No. 10416, Dec. 27, 2010>
(3) No acquisition tax shall be imposed on the acquisition of any trust property through trust (limited to trust under the Trust Act, the trust registration of which is filed for) which falls under any of the following cases: Provided, That this shall not apply to the acquisition of real estate between a housing association, etc. and its members, and the acquisition of real estate for non-members by the housing association, etc. with respect to the acquisition of the trust property: <Amended by Act No. 10924, Jul. 25, 2011>
1. Where a truster transfers any trust property to a trustee;
2. Where the trust property is transferred from a trustee to a truster following the expiration or cancellation of trust;
3. Where the trust property is transferred to a new trustee due to a change against the original trustee.
(4) No acquisition tax shall be imposed on the acquisition of any real estate purchased by exercising the right of redemption on the expropriation and use of land in areas to be mobilized pursuant to the Act on Special Measures for Readjustment of Requisitioned Properties or paragraph (2) of the Addenda of the repealed Act on Special Measures for National Integrity.
(5) No acquisition tax shall be imposed on the acquisition of a temporary building, such as a temporary stage for shows, construction site office, etc. (excluding objects of taxation under Article 13 (5)): Provided, That acquisition tax shall be imposed if the duration exceeds one year. <Amended by Act No. 10416, Dec. 27, 2010>
(6) Acquisition tax shall be exempted from the acquisition of a housing unit resulting from improvement related to a housing unit not more than the price prescribed by Presidential Decree, among the acquisition resulting from improvement (excluding remodeling under Article 2 (1) 9 of the Building Act) of a collective housing under subparagraph 2 of Article 2 of the Housing Act. <Newly Inserted by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
SECTION 2 Tax Bases and Rates
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 Article 10 (Tax Bases)   print
(1) The tax base for acquisition tax shall be the value as at the time of acquisition: Provided, That if acquisition is made in annual installments, the tax base shall be the amount of annual installments (referring to the amount actually paid out on each occasion and including the contract deposit included in the acquisition money; hereafter the same shall apply in this Section). <Amended by Act No. 10416, Dec. 27, 2010>
(2) The value as at the time of acquisition under paragraph (1) shall be the value reported by the acquirer: Provided, That if no report is filed or the reported value is not indicated, or the reported value is less than the statutory standard price determined pursuant to Article 4, the statutory standard price shall be the value as at the time of acquisition.
(3) Where a building is constructed (excluding new construction and reconstruction) or repaired, or a kind of ship, vehicle, or mechanical equipment prescribed by Presidential Decree is changed, or the actual category of land is changed, the increased value resulting therefrom shall be the tax base, respectively. In such cases, if no report is filed or the reported value is not indicated as stipulated in paragraph (2), or the reported value is less than the statutory standard price prescribed by Presidential Decree, the statutory standard price shall apply.
(4) The tax base on real estate, etc. of the relevant corporation deemed to have been acquired by an oligopolistic stockholder pursuant to the main sentence of Article 7 (5) shall be determined by dividing the total value of such real estate, etc. by the total number of the stocks and shares of the corporation, and then multiplying the number of the stocks or shares acquired by the oligopolistic stockholder. In such cases, the oligopolistic stockholder shall report the tax base and other necessary matters, as stipulated by the relevant municipal ordinance, but where no report is filed or the reported value is not indicated, or the reported value is less than the tax base, the tax base shall be the amount calculated by the head of the competent local government according to the aforesaid method based on the total amount of property subject to acquisition tax as indicated in the settlement of accounts, other accounting books, etc. of the relevant corporation.
(5) The tax base of any of the following acquisitions (excluding donation, contribution, other gratuitous acquisitions, or acquisition through a transaction under Article 101 (1) of the Income Tax Act or Article 52 (1) of the Corporate Tax Act) shall be the actual price of acquisition and the amount of annual installments, notwithstanding the proviso to paragraph (2) and the latter part of paragraph (3):
1. Acquisition from the State, a local government or a local government association;
2. Acquisition through importation from a foreign country;
3. Acquisition, the price of which is proved through a court decision or accounting books of a corporation, whichever prescribed by Presidential Decree;
4. Acquisition through a public auction;
(6) Where a person, other than a corporation, acquires a building after construction or remodeling, and not less than 90/100 of price of acquisition is verified through the accounting books of the corporation, the tax base shall be the price of acquisition calculated, as prescribed by Presidential Decree, notwithstanding the proviso to paragraph (2), and paragraphs (3) and (5).
(7) The scope of the value, price or amount of annual installments which serves as the tax base for acquisition tax under paragraphs (1) through (6), its application and the time of acquisition shall be prescribed by Presidential Decree.
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 Article 11 (Tax Rates on Acquisition of Real Estate)   print
(1) The amount of acquisition tax on real estate shall be calculated by applying the following standard tax rates to the tax base stipulated under Article 10: <Amended by Act No. 10416, Dec. 27, 2010>
1. Acquisition through inheritance:
(a) Farmland: 23/1000;
(b) Anything other than farmland: 28/1000;
2. Gratuitous acquisition, other than those under subparagraph 1: 35/1000: Provided, That it shall be 28/1000 in cases of acquisition by a non-profit business operator prescribed by Presidential Decree;
3. Original acquisition: 28/1000;
4. Acquisition through the transfer of real estate which is the trust property under the Trust Act from a truster to a beneficiary: 30/1000: Provided, That it shall be 25/1000 in cases of acquisition by a non-profit business operator prescribed by Presidential Decree;
5. Acquisition due to the division of property under co-ownership, or due to the transfer of shares to dissolve the co-ownership of real estate prescribed under subparagraph 1 (b) of Article 2 of the Act on the Registration of Real Estate under Actual Titleholder's Name (excluding cases of any part exceeding the share of a person himself/herself on the certified copy of register): 23/1000;
6. Acquisition due to the division of property under partnership or collective ownership: 23/1000;
7. Acquisition due to any other reason:
(a) Farmland: 30/1000;
(b) Anything other than farmland: 40/1000.
(2) Where the real estate under paragraph (1) 1, 2 and 7 is co-owned property, the value of the acquired shares shall be the tax base and the appropriate tax rate shall apply, accordingly. <Amended by Act No. 10416, Dec. 27, 2010>
(3) Where the area of a building increases due to construction (excluding new construction and reconstruction) or repair under Article 10 (3), such increased portion is deemed the original acquisition and thus, the tax rate under paragraph (1) 3 shall apply.
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 Article 12 (Tax Rates on Acquisition of Objects, other than Real Estate)   print
(1) The amount of acquisition tax on any of the following real estate, etc. shall be calculated by applying the following standard tax rates to the tax base stipulated under Article 10: <Amended by Act No. 10416, Dec. 27, 2010>
1. Ships:
(a) Ships subject to registration (excluding small-type ships under item (b)):
(i) Acquisition through inheritance: 25/1000;
(ii) Gratuitous acquisition, other than acquisition through inheritance: 30/1000;
(iii) Original acquisition: 20.2/1000;
(iv) Acquisition through importation and acquisition through custom-built ships: 20.2/1000;
(v) Acquisition through the transfer of a ship which is the trust property under the Trust Act from a truster to a beneficiary: 30/1000;
(vi) Acquisition due to any other reason: 30/1000;
(b) Small-type ships:
(i) Small-type ships under Article 1-2 (2) of the Ship Act : 20.2/1000;
(ii) Engine-powered leisure watercraft under Article 30 of the Water-Related Leisure Activities Safety Act : 20.2/1000;
(c) Ships, other than those under items (a) and (b): 20/1000;
2. Vehicles:
(a) Passenger automobiles for non-business use: 70/1000: Provided, That the tax rate shall be 40/1000 in cases of compact cars;
(b) Any other automobiles:
(i) Non-business use: 50/1000: Provided, That the tax rate shall be 40/1000 in cases of compact cars;
(ii) Business use: 40/1000;
(iii) Two-wheel automobiles under the Motor Vehicle Management Act prescribed by Presidential Decree: 20/1000;
(c) Vehicles, other than those under items (a) and (b): 20/1000;
3. Mechanical equipment: 30/1000: Provided, That the tax rate shall be 20/1000 for mechanical equipment not subject to the registration under the Construction Machinery Management Act;
4. Aircraft:
(a) Aircraft under the proviso to Article 3 of the Aviation Act: 20/1000;
(b) Any other aircraft: 20.2/1000: Provided, That the tax rate shall be 20.1/1000 in cases of aircraft, the maximum takeoff weight of which is not less than 5,700 kilograms;
5. Standing timber: 20/1000;
6. Mining rights or fishing rights: 20/1000;
7. Golf membership rights, riding club membership rights, condominium membership rights or membership rights to use athletic facilities complex: 20/1000.
(2) Where ships under paragraph (1) 1 and machinery equipment under subparagraph 3 of the same paragraph are co-owned property, the value of the acquired shares shall be the tax base and the appropriate tax rate shall apply accordingly. <Amended by Act No. 10416, Dec. 27, 2010>
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 Article 13 (Heavy Taxation on Acquisition, etc. in Over-Concentration Control Regions)   print
(1) Where real estate for business purposes of the head or main office prescribed by Presidential Decree (limited to new construction or extension of a building for the head or main office and land annexed thereto) is acquired in an over-concentration control region under Article 6 of the Seoul Metropolitan Area Readjustment Planning Act, or any object of taxation for business purposes is acquired in order to newly build or extend a factory in an over-concentration control region under the same Article (excluding an industrial complex and a promotional zone subject to the Industrial Cluster Development and Factory Establishment Act, and an industrial area subject to the National Land Planning and Utilization Act), the applicable rates of acquisition tax shall be the tax rates under Articles 11 and 12 plus two times 20/1000 (hereinafter referred to as "base rate for heavy taxation") of the said rates.
(2) The rate of acquisition tax applicable when acquiring any of the following real estate shall be 300/100 of the standard tax rates under Article 11 (1) minus 200/100 of the base rate for heavy taxation: Provided, That the relevant tax rate for acquisition tax under Article 11 shall apply to the acquisition of real estate for the direct use of the types of businesses prescribed by Presidential Decree (hereafter referred to as "type of business excluded from heavy taxation in large cities" in this Article) that need to be inevitably established in an over-concentration control region under Article 6 of the Seoul Metropolitan Area Readjustment Planning Act (excluding an industrial complex subject to the Industrial Cluster Development and Factory Establishment Act; hereafter referred to as "large city" in this Article) and to the acquisition of residential real estate (hereafter referred to as "real estate for the residence of employees" in this Article) prescribed by Presidential Decree for the direct use by a corporation to parcel out or lease to its employees: <Amended by Act No. 10416, Dec. 27, 2010>
1. Where a corporation is founded in a large city [including cases where acquiring a dormant corporation prescribed by Presidential Decree (hereinafter referred to as "dormant corporation"); hereafter the same shall apply in this subparagraph], a branch or sub-office is established, or real estate in a large city is acquired as the head office, main office, branch or sub-office of a corporation is transferred to the large city (including the acquisition of real estate since the foundation, establishment and transfer);
2. Where real estate is acquired after a factory is newly built or extended in a large city (excluding promotional zones subject to the Industrial Cluster Development and Factory Establishment Act, and industrial areas subject to the National Land Planning and Utilization Act).
(3) Notwithstanding the proviso to the part other than the subparagraphs of paragraph (2), in any of the following cases, the main sentence of paragraph (2) shall apply to the relevant part: <Newly Inserted by Act No. 10416, Dec. 27, 2010>
1. Where the real estate acquired pursuant to the proviso to the part other than the subparagraphs of paragraph (2) falls under any of the following cases: Provided, That in cases of the type of business prescribed by Presidential Decree, from among the type of business excluded from heavy taxation in large cities, the deadline by which the real estate shall be directly used or the period for which the use or joint use for another type of business or another use may be prescribed by Presidential Decree by up to three years:
(a) Where real estate is not directly used for the type of business excluded from heavy taxation in large cities, by the time one year elapses from the date of acquisition of such real estate, without any justifiable ground;
(b) Where real estate is not directly used as real estate for the residence of employees, by the time one year elapses from the date of acquisition of such real estate, without any justifiable ground;
(c) Where real estate is used or jointly used for another type of business or another use within one year from the date of acquisition of such real estate;
2. Where the real estate acquired pursuant to the proviso to the part other than the subparagraphs of paragraph (2) falls under any of the following cases:
(a) Where real estate is sold after being not directly used for the relevant type of business or use for two or more years from the date of acquisition of such real estate;
(b) Where real estate is used or jointly used for another type of business or another use after being not directly used for the relevant type of business or use for two or more years from the date of acquisition of such real estate.
(4) In applying paragraph (3), real estate shall be deemed directly used in cases of the type of business prescribed by Presidential Decree recognized that the lease thereof is inevitable. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
(5) The amount of acquisition tax applicable when acquiring any of the following real estate, etc. (including the acquisition of a portion of a villa, etc. by dividing it) shall be calculated by applying the tax rates under Articles 11 and 12 plus 400/100 of the base rate for heavy taxation. In such cases, the aforesaid rate shall apply not only to golf courses registered as an athletic facility business under the Installation and Utilization of Sports Facilities Act (including cases where facilities are extended and changes of such facilities are registered subsequently; hereafter the same shall apply in this paragraph) but those which are virtually used for golf courses without registration, and if the boundary of land annexed to a villa or high-class recreation center is unclear, the land equivalent to ten times the floor area of the building is deemed the land annexed thereto: <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11137, Dec. 31, 2011>
1. Villas: Residential buildings used for recreation, summering, amusement, etc. and not used for permanent residence, and land annexed thereto (excluding houses in agricultural and fishery areas and land annexed thereto located in Eup or Myeon under Article 3 (3) and (4) of the Local Autonomy Act and fall under scopes and standards prescribed by Presidential Decree). In such cases, the scope of and applicable standards for villas shall be prescribed by Presidential Decree;
2. Golf courses: Land, buildings and standing timber on the land subject to divisional registration among real estate for membership golf courses under the Installation and Utilization of Sports Facilities Act;
3. High-class houses: Residential buildings and land annexed thereto, the area and value of which exceeds the standards prescribed by Presidential Decree, or in which appurtenant facilities prescribed by Presidential Decree, such as a swimming pool of not less than 67 square meters, etc. are installed: Provided, That this shall not apply where a residential building is used for non-residential purpose and a construction work for altering its use commences to use it as a non-high-class residence within 30 days from the date of its acquisition [respectively six months from the last day of the month in which the commencement date of inheritance falls in cases of inheritance, and from the last day of the month in which the adjudication date of disappearance falls in cases of disappearance (respectively nine months if a person liable to pay tax has established his/her domicile in a foreign country)].
4. High-class recreation centers: Buildings prescribed by Presidential Decree and land annexed thereto, among buildings used for casinos, amusement and tavern quarters, special baths or other similar purposes: Provided, That this shall not apply where a building for a high-class recreation center is used for purposes other than its original purpose and a construction work for altering its use commences to use it for purposes other than its original purpose within 30 days from the date of its acquisition [respectively six months from the last day of the month in which the commencement date of inheritance falls in cases of inheritance, and from the last day of the month in which the adjudication date of disappearance falls in cases of disappearance (respectively nine months if a person liable to pay tax has established his/her domicile in a foreign country)];
5. High-class ships: Private ships for non-business purposes which exceed standards prescribed by Presidential Decree.
(6) The rate of acquisition tax on any object of taxation to which paragraphs (1) and (2) concurrently apply shall be 300/100 of the standard tax rates under Article 11 (1), notwithstanding Article 16 (5). <Amended by Act No. 10416, Dec. 27, 2010>
(7) Notwithstanding Article 16 (5), the tax rate for acquisition tax on objects of taxation to which paragraphs (2) and (5) concurrently apply shall be the rate obtained by adding 300/100 of the standard tax rate under Article 11 and 200/100 of the base rate for heavy taxation. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
(8) The scope of heavy taxation and applicable standards under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree while the scope of factories and applicable standards under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11690, Mar. 23, 2013>
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 Article 14 (Adjustment of Tax Rates according to Municipal Ordinance)   print
The head of a local government may increase or decrease the tax rates of acquisition tax within the extent of 50/100 of the tax rates under Articles 11 and 12, as stipulated by the relevant municipal ordinance.
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 Article 15 (Special Cases concerning Tax Rates)   print
(1) The amount of acquisition tax on any of the following acquisitions shall be calculated by applying the tax rates under Articles 11 and 12 minus the base rate for heavy taxation: Provided, That if an acquired article falls under Article 13 (2), 300/100 of the tax rate derived according to the calculation method stipulated in the main sentence of the part other than each subparagraph of this paragraph shall apply: <Amended by Act No. 10416, Dec. 27, 2010>
1. Where a vendor repurchases the real estate accompanied by a repurchase registration within the period of repurchase: Acquisition of any real estate by a vendor and vendee;
2. Any of the following acquisitions through inheritance:
(a) Acquisition of one house per household prescribed by Presidential Decree and land annexed thereto;
(b) Acquisition of farmland subject to reduction or exemption of acquisition tax pursuant to Article 6 (1) of the Restriction of Special Local Taxation Act;
3. Acquisition of a merged corporation: Provided, That this shall not apply where the object of taxation acquired through the merger of a corporation constitutes objects of taxation under Article 16 after the merger;
4. Acquisition due to the division of property under co-ownership, or due to the transfer of shares to dissolve the co-ownership of real estate prescribed under subparagraph 1 (b) of Article 2 of the Act on the Registration of Real Estate under Actual Titleholder's Name (excluding cases of any part exceeding the share of a person himself/herself on the certified copy of register);
5. Acquisition through the relocation of a building: Provided, That if the value of the relocated building exceeds that of the building in its precious location, this shall not apply to such excess value;
6. Acquisition through the division of property pursuant to Articles 834 and 839-2 of the Civil Act;
7. Any other acquisition prescribed by Presidential Decree, such as pseudo acquisition, etc.
(2) The amount of acquisition tax on any of the following acquisitions shall be calculated by applying the base rate for heavy taxation: Provided, That 300/100 of the base rate for heavy taxation and 500/100 of the base rate for heavy taxation shall apply to any acquired article respectively falling under Article 13 (1) and Article 13 (5): <Amended by Act No. 10416, Dec. 27, 2010>
1. Acquisition through repairs (excluding cases falling under Article 11 (3)). In such cases, the tax base shall be in accordance with Article 10 (3);
2. Increase in the value of ships, vehicles, mechanical equipment and land under Article 7 (4). In such cases, the tax base shall be in accordance with Article 10 (3);
3. Acquisition by an oligopolistic stockholder under Article 7 (5). In such cases, the tax base shall be in accordance with Article 10 (4);
4. Acquisition by leasing and then importing (limited to acquisition by annual installments) objects of taxation (limited to vehicles, machinery equipment, aircraft and ships) of acquisition tax owned by foreigners under Article 7 (6);
5. Acquisition of construction machinery or vehicles of a lessor under Article 7 (9);
6. Acquisition of machinery equipment or vehicles of a person who has paid acquisition money under Article 7 (10);
7. Any other acquisition prescribed by Presidential Decree, such as the acquisition, etc. of leisure facilities.
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 Article 16 (Application of Tax Rates)   print
(1) Where any land or building falls under any of the following cases within five years after such land or building is acquired, acquisition tax shall be additionally collected by applying the tax rate stipulated under the provisions cited in each subparagraph: <Amended by Act No. 10416, Dec. 27, 2010>
1. Real estate for the business purposes of the head or main office under Article 13 (1) (limited to the new construction and extension of a building for the head or main office, and land annexed thereto);
2. Real estate for the extension or new construction of a factory under Article 13 (1);
3. Villas, golf courses, high-class houses or high-class recreation centers under Article 13 (5).
(2) Where a high-class house, villa, golf course or building for a high-class recreation center is extended, rebuilt or repaired, or an ordinary building is extended, rebuilt or repaired into a high-class house or high-class recreation center, the rate of acquisition tax applicable to the increased value of the building shall be in accordance with Article 13 (5). <Amended by Act No. 10416, Dec. 27, 2010>
(3) In cases of the extension or new construction of a factory under Article 13 (1), if the owner of an object of taxation for business purposes is not a person who has newly built or extended a factory, the owner of an object of taxation for business purposes is deemed to have newly built or extended the factory, and the tax rate stipulated under the same paragraph shall apply accordingly: Provided, That this shall not apply to any object of taxation for business purpose if five years have elapsed from the date of its acquisition to the date on which the new construction or extension of a factory was commenced.
(4) Where the acquired real estate becomes an object of taxation under Article 13 (2) during a period prescribed by Presidential Decree, acquisition tax shall be additionally collected by applying the tax rate under the same paragraph.
(5) Where two or more tax rates are applicable to the same acquired item, the higher tax rate shall apply.
(6) Where paragraph (1) 1 or 2, and paragraph (4) apply concurrently to acquired real estate, acquisition tax shall be additionally collected by applying the tax rate under Article 13 (6), notwithstanding paragraph (5). <Amended by Act No. 10416, Dec. 27, 2010>
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 Article 17 (Tax-Exemption Points)   print
(1) No acquisition tax may be imposed if the acquisition value is 500,000 or less won.
(2) Where a person who has acquired a piece of land or a building acquires another piece of land or a building adjacent thereto within one year from the date of the original acquisition, the acquisition of land or the building before and after shall be respectively deemed one acquisition of land or a building, and paragraph (1) shall apply thereto accordingly.
SECTION 3 Imposition and Collection
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 Article 18 (Methods of Collection)   print
The collection of acquisition tax shall be made by means of tax return and payment.
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 Article 19 (Notification, etc.)   print
Where any of the following persons has sold an object of taxation of acquisition tax (including sale in annual installments), he/she shall notify or report to the head of the local government having jurisdiction over the location of such article within 30 days from the date of sale, as prescribed by Presidential Decree:
1. The State, a local government or a local government association;
2. A State or local government-invested institution (including a reinvested institution);
3. A corporation (including an unincorporated association or foundation);
4. Other organizations or bodies equivalent to those stipulated under subparagraphs 1 through 3 which are prescribed by Presidential Decree.
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 Article 20 (Tax Returns and Payment)   print
(1) A person who has acquired an object of taxation subject to acquisition tax shall file a return on and pay an amount of tax calculated by applying the tax rates under Articles 11 through 15 to the relevant tax base within 60 days [respectively six months from the last day of the month in which the commencement date of inheritance falls in cases of inheritance, and from the last day of the month in which the date of adjudication of disappearance falls in cases of disappearance (respectively nine months if a person liable to pay tax has established his/her domicile in a foreign country)] from the date of acquisition, as prescribed by Presidential Decree. <Amended by Act No. 11137, Dec. 31, 2011>
(2) Where an object of taxation of the acquisition tax becomes subject to any tax rate under Article 13 (1) through (7) after its acquisition, an amount of tax calculated by applying the tax rates under Article 13 (1) through (7) less the already paid amount of tax (excluding additional taxes) shall be returned and paid, as prescribed by Presidential Decree, within 30 days from the date prescribed by Presidential Decree. <Amended by Act No. 10416, Dec. 27, 2010>
(3) Notwithstanding paragraph (1), if any object of taxation on which acquisition tax has been tax-free, exempted or reduced pursuant to this Act or other Acts and subordinate statutes becomes subject to imposition and additional collection of acquisition tax, an amount of tax [referring to an amount of tax less the already paid amount of tax in cases of reduction (excluding additional taxes)] calculated by applying the tax rates under Articles 11 through 15 to the relevant tax base shall be returned and paid, as prescribed by Presidential Decree, within 30 days from the date on which the relevant ground arises.
(4) Where a person intends to register or record (including placement on records) particulars concerning the acquisition or transfer of a property right and any other rights in the public register, he/she shall file a return on and pay acquisition tax before such registration or record is made.
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 Article 20-2 (Payment on Installment Basis)   print
Where an individual acquires housing (referring to a residential building and the land annexed thereto), a vehicle or machinery equipment by December 31, 2013 and registers within 30 days from the date of acquisition, he/she may pay part of the amount of acquisition tax on an installment basis within 60 days from the date of acquisition, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10416, Dec. 27, 2010]
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 Article 21 (Additional Collection of Insufficient Amount of Taxes and Additional Taxes)   print
(1) Where a person liable to pay acquisition tax fails to fulfill his/her duty to file a return or pay tax under Article 20, the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the amount of tax calculated pursuant to Articles 10 through 15 (hereafter referred to as "calculated amount of tax" in this Chapter), or to the insufficient amount of tax shall be collected as the amount of tax shall be collected by means of ordinary collection. <Amended by Act No. 11617, Jan. 1, 2013>
1. and 2. Deleted. <by Act No. 11617, Jan. 1, 2013>
(2) Where a person liable to pay tax sells an taxable object of acquisition tax without filing a return under Article 20 after he/she has virtually acquired such object, notwithstanding paragraph (1) and Articles 53-2 and 53-4 of the Framework Act on Local Taxes, the amount calculated by adding 80 percent of the calculated amount of tax to the said amount of tax shall be collected as the amount of tax by means of ordinary collection: Provided, That this shall not apply to taxable objects prescribed by Presidential Decree, such as taxable objects not needed to be registered or recorded. <Amended by Act No. 11617, Jan. 1, 2013>
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 Article 22 (Notification of Registration Data)   print
(1) Where the head of the registry office discovers that acquisition tax is not paid or insufficiently paid, he/she shall notify the head of the local government having jurisdiction over the place for tax payment thereof, as prescribed by Presidential Decree.
(2) When the head of the registry office has completed the registration or record procedure, he/she shall provide the head of the local government having jurisdiction over the place for payment of the acquisition tax with a notice on the duplicate of an application for registration or record wherein the date and receipt number is entered within seven days from the date of registration or record: Provided, That where the registration or record affairs are processed by computer systems, the computer-processed registration or record information shall be notified, as prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 22-2 (Preparation and Preservation of Accounting Books, etc.)   print
(1) A corporation liable to pay acquisition tax shall prepare and keep accounting books that may prove the value at the time of acquisition and related evidential documents
(2) Where a corporation liable to pay acquisition tax fails to perform its duty under paragraph (1), the head of a local government shall add the amount equivalent to 10 percent of the calculated amount of tax or the insufficient amount of tax to the amount of tax that should be collected.
[This Article Newly Inserted by Act No. 11617, Jan. 1, 2013]
CHAPTER III REGISTRATION AND LICENSE TAX
SECTION 1 Common Provisions
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 Article 23 (Definition)   print
The terms used in relation to registration and license tax shall be defined as follows: <Amended by Act No. 10416, Dec. 27, 2010>
1. The term "registration" means registering or recording matters concerning the creation, alteration or extinguishment of property rights and any other rights in the public register: Provided, That the registration or records made based on the acquisition stipulated under Chapter II shall be excluded, but registration falling any of the following items shall be included:
(a) Registration based on the acquisition of mining rights and fishing rights;
(b) Registration based on the acquisition of objects of taxation (limited to vehicles, machinery equipment, aircraft and ships) of acquisition tax owned by foreigners, in an annual installment basis, under Article 15 (2) 4;
2. The term "license" means any act conducted by an administrative agency which includes, but not limited to, the creation of rights, lifting of prohibition or acceptance of reports with respect to specific business facilities or acts, such as a license, permit, authorization, registration, designation, investigation, inspection, examination, etc. stipulated under various Acts and subordinate statutes. In such cases, the kinds of licenses shall be divided into classes 1 through 5, as prescribed by Presidential Decree, considering the type, scale, etc, of a business.
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 Article 24 (Persons Liable to Pay Tax)   print
Any of the following persons shall be liable to pay a registration and license tax:
1. A person who files for registration;
2. A person who obtains a license (including a person who obtains an altered license). In such cases, a person liable to pay tax shall pay registration and license tax for each and every type of license he/she obtains.
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 Article 25 (Places for Tax Payment)   print
(1) The place to pay registration and license tax on registration shall be stipulated as follows: <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11137, Dec. 31, 2011>
1. Registration of real estate registration: The seat of the real estate;
2. Registration of a ship: The seat of the port of registry;
3. Registration of an automobile: The place of registration under the Motor Vehicle Management Act: Provided, That where the place of registration is different from the place of actual use, the place of actual use shall become the place for tax payment;
4. Registration of construction machinery: The place of registration under the Construction Machinery Management Act;
5. Registration of aircraft: The seat of aircraft shed;
6. Registration of a corporation: The seat of the head office, branch office, principal office, sub-office, etc. related to the registration of the corporation;
7. Registration of a trade name: The seat of the place of business;
8. Registration of a mining right and mining right by lease: The seat of the mining area;
9. Registration of a fishing right: The seat of the fishing grounds;
10. Registration of a copyright, publication right, neighboring copyright, computer program copyright, or database producer's right: The domicile of the person who holds a copyright, publication right, neighboring copyright, computer program copyright, or database producer's right;
11. Registration of a patent right, utility model right, or design right: The domicile of the registrant;
12. Registration of a trademark or service mark: The seat of the principal office;
13. Registration of a business license: The seat of the place of business;
14. Registration of a security right on intellectual property right: The seat of a person who holds the intellectual property right; <<Enforcement Date; June 11, 2012>>
15. Any other registration: The seat of the administrative agency where registration is made;
16. If registration and license tax cannot be imposed by each local government as the property related to the same registration is located within the jurisdictions of two or more local governments, the place for tax payment shall be the location of the administrative agency where registration is made;
17. Where two or more mortgages created for securing the same credit are registered, such registration shall be deemed one registration, and thus the place for tax payment shall be the location of the administrative agency where such registration-related property is first registered;
18. If the place for tax payment under subparagraphs 1 through 14 is not clear, the location of the administrative agency where registration is made shall be the place of tax payment. <<Enforcement Date; June 11, 2012>>
(2) The place to pay registration and license tax on a license shall be stipulated as follows:
1. A license for which a place of business or office exists for the relevant license: The place where the place of business or office is located;
2. A license for which no separate place of business or office exists for the relevant license: The address of the person who has obtained the license.
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 Article 26 (Non-Taxation)   print
(1) No registration and license tax shall be imposed on any registration or license the State, a local government, local government association, foreign government or international organization in Korea obtains for its sake: Provided, That registration and license tax shall be imposed on any registration or license obtained by a foreign government which imposes taxes on any registration or license obtained by the government agencies of the Republic of Korea.
(2) No registration and license tax shall be imposed on any of the following registration or licenses:
1. Registration by commission of the court on the disorganization of special liquidation of a company;
2. Registration on simple change in the indication, reinstatement or correction of an address, name, resident registration number, lot number, unit of measurement, etc. due to a change in an administrative district, resident registration number, lot number of a land registry, unit of measurement, any error of a public office in charge of registration, or other similar reasons;
3. Any other registration prescribed by Presidential Decree on land, etc., the category of which is a graveyard;
4. A license prescribed by Presidential Decree which is not appropriate for the imposition of registration and license tax, such as a simple change, etc. in the indication of a license.
SECTION 2 Registration and License Tax on Registration
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 Article 27 (Tax Bases)   print
(1) The tax base of registration and license tax on the registration of any real estate, ship, aircraft, automobile and construction machinery (hereafter referred to as "registration and license tax" in this Section) shall be the value as at the time of registration.
(2) The tax base under paragraph (1) shall be according to the value reported by the registrant, as stipulated by the relevant municipal ordinance: Provided, That where no report is filed or the reported value is less than the statutory standard price under Article 4, the statutory standard price shall be the tax base.
(3) In cases under Article 10 (5) and (6), the actual price of acquisition under Article 10 (5) and the acquisition price calculated under paragraph (6) of the same Article shall be the tax base, notwithstanding paragraph (2): Provided, That where the value changes as at the time of registration due to the revaluation of property, depreciation or any other reason, the changed value shall be the tax base. <Amended by Act No. 10416, Dec. 27, 2010>
(4) Where there is no specific amount of credit when determining an amount of tax based on the amount of credit, the value which is the object of such credit or the amount which is the object of restriction of disposition of such credit shall be the amount of such credit.
(5) The scope of the value which is the tax base under paragraphs (1) through (4), and necessary matters for its application shall be prescribed by Presidential Decree.
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 Article 28 (Tax Rates)   print
(1) The amount of registration and license tax on registration shall be calculated by applying the respective tax rates stipulated under the following subparagraphs to the tax base under Article 27: <Amended by Act No. 10416, Dec. 27, 2010; Act No. 10469, Mar. 29, 2011; Act No. 11110, Dec. 2, 2011; Act No. 11137, Dec. 31, 2011; Act No. 11617, Jan. 1, 2013; Act No. 11690, Mar. 23, 2013>
1. Registration of real estate:
(a) Preservation registration of ownership: 8/1000 of the value of real estate (3,000 won when an amount of tax is less than 3,000 won; hereafter the same shall apply in items (b) through (d));
(b) Registration of transfer of ownership:
(i) Registration of transfer of ownership on a pay basis: 20/1000 of the value of real estate;
(ii) Registration of transfer of ownership on a gratuitous basis: 15/1000 of the value of real estate: Provided, That in cases of the registration of transfer of ownership based on inheritance, 8/1000 of the value of real estate;
(c) Creation and transfer of a real right and leasehold, other than ownership:
(i) Superficies: 2/1000 of the value of real estate: Provided, That in cases of divided superficies, 2/1000 of the value of relevant land calculated by the head a Si/Gun , as prescribed by the standards determined by the Minister of Security and Public Administration, in consideration of the inhibition rate of use of a building, the inhibition rate of use of underground part, other inhibition rate of use, etc. based on the use of underground or over-the-ground space of relevant land;
(ii) Mortgage: 2/1000 of the amount of credit;
(iii) Easement: 2/1000 of the value of the dominant estate;
(iv) Leasehold on deposit basis: 2/1000 of the amount of deposit;
(v) Leasehold: 2/1000 of the amount of a monthly rent;
(d) Request for auction, provisional seizure or disposition and provisional registration:
(i) Request for auction, provisional seizure or disposition: 2/1000 of the amount of credit;
(ii) Provisional registration: 2/1000 of real estate value;
(e) Any other registration: 3,000 won per case;
2. Registration of a ship (including a small-type ship under Article 1-2 (2) of the Ship Act):
(a) Preservation of ownership: 0.2/1000 of the value of a ship;
(b) Any other registration: 7,500 won per case;
3. Registration of an automobile:
(a) Registration of ownership:
(i) Passenger automobiles for non-business purpose: 50/1000: Provided , That 20/1000 in cases of compact automobiles;
(ii) Other automobiles:
a. For non-business purpose: 30/1000: Provided, That 20/1000 in cases of compact automobiles;
b. For business purpose: 20/1000;
(b) Registration of the creation of a mortgage: 2/1000 of the amount of credit;
(c) Other registration: 7,500 won per case;
4. Registration of machinery equipment:
(a) Registration of ownership: 10/1000;
(b) Registration of the creation of a mortgage: 2/1000 of the amount of credit;
(c) Any other registration: 5,000 won per case;
5. Registration of a factory foundation and mining foundation:
(a) Registration of the creation of a mortgage: 1/1000 of the amount of credit;
(b) Any other registration: 4,500 won per case;
5-2. Registration of a security right on movables, claims or intellectual property right:
(a) Registration of creation of a security right: 1/1000 of the amount of credit;
(b) Any other registration: 4,500 won per case;
6. Registration of a corporation:
(a) A corporation by the establishment or merger of a commercial company or other profit-making corporation:
(i) Establishment and payment: 4/1000 of the paid amount of stocks, the amount of investment, or the value of investment other than cash (75,000 won when an amount of tax is less than 75,000 won; hereafter the same shall apply in items (a) through (c));
(ii) Increase of capital or investment: 4/1000 of the paid amount or the value of investment other than cash;
(b) An incorporation by the establishment or merger of a non-profit corporation:
(i) Establishment and payment: 2/1000 of the paid gross amount of investment or value of property;
(ii) Increase of the gross amount of investment or gross amount of property: 2/1000 of the paid amount of investment or value of property;
(c) Increase of the capital or of the amount of investment by property revaluation reserve, and increase of the gross amount of investment or property (excluding capital transfer under the Assets Revaluation Act): 1/1000 of the increased amount;
(d) Relocation of the head or principal office: 75,000 won per case;
(e) Establishment of a branch or sub-office: 23,000 won per case;
(f) Any other registration: 23,000 won per case;
7. Registration of a trade name, etc.:
(a) Creation or acquisition of a trade name: 45,000 won per case;
(b) Appointment of a manager or extinguishment of a right of representation: 6,000 won per case;
(c) Appointment of a ship manager or extinguishment of a right of representation: 6,000 won per case;
8. Registration of a mining right:
(a) Creation of a mining right (including cases where the duration of a mining right is extended before its expiration): 90,000 won per case;
(b) Change of a mining right:
(i) Enlargement, or enlargement and reduction of the mining area: 38,000 won per case;
(ii) Reduction of the mining area: 7,500 won per case;
(c) Transfer of a mining right:
(i) Inheritance: 15,000 won per case;
(ii) Transfer due to any other reason: 60,000 won per case;
(d) Any other registration: 6,000 won per case;
8-2. Registration of a mining right by lease:
(a) Creation of a mining right by lease (including cases where the duration of a mining right by lease is extended before its expiration): 90,000 won per case;
(b) Transfer of a mining right by lease:
(i) Inheritance: 15,000 won per case;
(ii) Transfer due to any other reason: 60,000 won per case;
(c) Any other registration: 6,000 won per case;
9. Registration of a fishing right:
(a) Transfer of a fishing right:
(i) Inheritance: 3,000 won per case;
(ii) Transfer due to any other reason: 23,000 won per case;
(b) Transfer of the shares in a fishing right:
(i) Inheritance: 1,500 won per case;
(ii) Transfer due to any other reason: 12,000 won per case;
(c) Any other registration except the creation of a fishing right: 4,500 won per case;
10. Registration of a copyright, publication right, neighboring copyright, computer program copyright, or database producer's right (hereafter referred to as "copyright, etc." in this subparagraph):
(a) Inheritance of a copyright, etc.: 3,000 won per case;
(b) Registration of any kind other than inheritance (excluding the registration of a program) under Articles 54, 63 (3), 90 and 98 of the Copyright Act: 23,000 won per case;
(c) Registration of a program under Article 54 of the Copyright Act, and registration of any kind other than inheritance under Article 101-6 (6) of the same Act: 11,500 won per case;
(d) Any other registration: 1,500 won per case;
11. Registration of a patent right, utility model right, or design right (hereafter referred to as "patent right, etc." in this subparagraph):
(a) Transfer of a patent right, etc. due to inheritance: 6,000 won per case;
(b) Transfer of a patent right, etc. due to any other reason: 9,000 won per case;
12. Registration of a trademark or service mark:
(a) Creation of a trademark or service mark under Articles 41 and 43 of the Copyright Act and renewal of the duration thereof: 3,800 won per case;
(b) Transfer of a trademark or service mark (excluding the transfer of a trademark right based on an international registration under Article 86-30 (2) of the Copyright Act):
(i) Inheritance: 6,000 won per case;
(ii) Transfer due to any other reason: 9,000 won per case;
13. Registration of any aircraft:
(a) Registration of any aircraft whose maximum takeoff weight is not less than 5,700 kilograms: 0.1/1000 of the value of the aircraft;
(b) Registration of any kind of aircraft not referred to in item (a): 0.2/1000 of the value of the aircraft;
14. Registration, other than that stipulated under subparagraphs 1 through 7: 6,000 won per case.
(2) Where any of the following registration is filed, the applicable tax rate shall be 300/100 of the relevant tax rates stipulated under paragraph (1) 1 and 6: Provided, That this shall not apply to the types of businesses prescribed by Presidential Decree (hereafter referred to as "type of business excluded from heavy taxation in large cities" in this Article) which need to be inevitably established in an over-concentration control region under Article 6 of the Seoul Metropolitan Area Readjustment Planning Act (excluding an industrial complex subject to the Industrial Cluster Development and Factory Establishment Act; hereafter referred to as "large city" in this Article): <Amended by Act No. 10416, Dec. 27, 2010>
1. Registration upon the establishment of a corporation (including cases where capital or amount of investment is increased within five years after its establishment or take-over of a dormant corporation) or opening its branch or sub-office in a large city;
2. Registration upon the relocation of the head or principal office of a corporation outside a large city into a large city (including cases where capital or amount of investment is increased within five years after its relocation). In such cases, the relocation is deemed the establishment of a corporation, and the tax rate shall apply accordingly.
(3) Notwithstanding the proviso to the part other than the subparagraphs of paragraph (2), where a corporation that has made registration of corporation as a type of business excluded from heavy taxation in large cities shifts to another type of business, other than the type of business excluded from heavy taxation in large cities, or adds a type of business, other than the type of business excluded from heavy taxation in large cities, within two years from the date of such registration, without any justifiable ground, the main sentence of paragraph (2) shall apply to relevant parts. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
(4) Paragraph (2) shall not apply to cases under paragraph (1) 6 (f). <Amended by Act No. 10416, Dec. 27, 2010>
(5) The scope and application standards of heavy taxation of registration and license tax under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10416, Dec. 27, 2010>
(6) The head of a local government may increase or decrease the tax rates of registration and license tax within 50/100 of the standard rates stipulated under paragraph (1) 1, as stipulated by the relevant municipal ordinance.<Amended by Act No. 10416, Dec. 27, 2010>
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 Article 29 (Two or More Kinds of Registration of Same Credit)   print
The method of assessing registration and license tax when obtaining registration or recordation on two or more different mortgages to secure the same credit shall be prescribed by Presidential Decree.
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 Article 30 (Tax Returns and Payment)   print
(1) A person who intends to register shall file a return on and pay an amount of tax calculated by applying the respective tax rates under Article 28 to the tax base under Article 27 to the head of the local government having jurisdiction over the place for tax payment, as prescribed by Presidential Decree before filing a registration.
(2) Where an object of taxation of registration and license tax becomes subject to the tax rate under Article 28 (2) after its registration, an amount of tax calculated by applying the tax rate under Article 28 (2) subtracting the already paid amount of tax (excluding additional taxes) shall be returned and paid to the head of the local government having jurisdiction over the place for tax payment, as prescribed by Presidential Decree, within 30 days from the date prescribed by Presidential Decree.
(3) Notwithstanding paragraph (1), if any object of taxation on which registration and license tax has not been imposed, exempted or reduced pursuant to this Act or other Acts and subordinate statutes becomes subject to imposition and additional collection of the said tax, an amount of tax [referring to the amount of tax minus the amount of tax already paid in cases of reduction (excluding additional taxes)] calculated by applying the respective tax rates under Article 28 to the relevant tax base shall be returned and paid to the head of the local government having jurisdiction over the place for tax payment, as prescribed by Presidential Decree, within 30 days from the date on which the relevant ground arises.
(4) Where a person has paid the calculated amount of registration and license tax before registering an object (by the deadline for filing a return under the relevant paragraphs in cases referred to in paragraph (2) or (3)) even in cases where he/she has failed to perform his/her duty to file a tax return under paragraphs (1) through (3), he/she shall be deemed to have filed a tax return and have paid the said amount of tax pursuant to paragraphs (1) through (3). In such cases, notwithstanding Article 32, no additional tax under Articles 53-2 and 53-3 shall be imposed. <Amended by Act No. 11617, Jan. 1, 2013>
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 Article 31 (Special Collection)   print
(1) With respect to the registration of a patent right, utility model right, design right and trademark right (including the registration of a trademark right pursuant to Article 86-31 of the Trademark Act as an application for the registration of an international trademark in accordance with Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks), the Commissioner of the Korean Intellectual Property Office shall specially collect an amount of tax calculated pursuant to Article 28 (1) 11 and 12, and notify the head of the local government having jurisdiction over the relevant place for tax payment of the details thereof, in a form prescribed by Ordinance of the Ministry of Security and Public Administration, and pay registration and license tax to the aforesaid head by the end of the month following the month in which the date of registration falls. <Amended by Act No. 11690, Mar. 23, 2013>
(2) With respect to any registration under the Copyright Act, the head of the competent registry shall specially collect an amount of tax calculated pursuant to Article 28 (1) 10, and notify the head of the local government having jurisdiction over the relevant place for tax payment of the details thereof, in a form prescribed by Ordinance of the Ministry of Security and Public Administration, and pay registration and license tax to the aforesaid head by the end of the month following the month in which the date of registration falls. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a person liable for special collection discovers that the relevant right has not been registered, or registration and license tax is erroneously collected or over-collected, before paying the said specially-collected tax under paragraphs (1) and (2), he/she may directly refund specially-collected registration and license tax. In such cases, additional dues on local tax refunds under Article 77 of the Framework Act on Local Taxes shall not apply.
(4) Even though a person liable for special collection fails to pay or insufficiently pays the amount of tax collected or to be collected by the deadline under paragraph (1) or (2), no additional tax under Article 53-5 of the Framework Act on Local Taxes shall be imposed on the person liable for special collection. <Newly Inserted by Act No. 11617, Jan. 1, 2013>
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 Article 32 (Additional Collection of Insufficient Amount of Tax and Additional Taxes)   print
Where a person liable to pay registration and license tax fails to fulfill his/her duty to file a return or pay tax under Article 30 (1) through (3), the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the amount of tax calculated pursuant to Articles 27 and 28, or to the insufficient amount of tax shall be collected as the amount of tax by means of ordinary collection: <Amended by Act No. 11617, Jan. 1, 2013>
1. and 2. Deleted. <by Act No. 11617, Jan. 1, 2013>
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 Article 33 (Notification of Registration Data)   print
Article 22 shall apply mutatis mutandis to the notification of the registered data on registration and license tax.
SECTION 3 Registration and License Tax on Licenses
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 Article 34 (Tax Rates)   print
(1) The tax rate of registration and license tax on a license (hereafter referred to as "registration and license tax" in this Section) is classified as follows:
(2) In applying paragraph (1) to a Special Self-governing City and a Si combined with functions of rural and urban communities, the Dong area of the Si (excluding any Dong area, for which the application of the tax rate applicable to the Si is stipulated by its municipal ordinance as inappropriate) shall be deemed a Si, and the Eup/Myeon area (including any Dong area, for which the application of the tax rate applicable to the Si is stipulated by its municipal ordinance as inappropriate), as a Gun, and "Si with a population of 500,000 or more" means a Dong area with a population of 500,000 or more. <Amended by Act No. 11617, Jan. 1, 2013>
(3) For the purpose of paragraph (1), a reference to the Special Metropolitan City or a Metropolitan City shall be deemed a reference to a Si with a population of 500,000 or more, and the Gun area of a Metropolitan City shall be deemed a Gun area.
(4) For the purpose of paragraphs (1) through (3), "population" means the number of residents registered pursuant to the Resident Registration Act as of January 1 of each year and the same shall apply hereafter in this Act.
(5) In applying paragraph (1), where two or more Sis or Guns are integrated pursuant to Article 4 (1) of the Local Autonomy Act and become a local government corresponding to a Si whose population is not less than 500,000, the tax rate before such integration may apply for up to five years from the date such integrated local government is established (the initial date in reckoning shall be January 1 of the year following the year under which the date an integrated local government is established falls), as prescribed by municipal ordinance of relevant local government. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
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 Article 35 (Tax Returns and Payment)   print
(1) A person who intends to newly obtain a license or change the obtained license shall file a return on and pay registration and license tax to the head of the local government having jurisdiction over the place for tax payment under Article 25 (2) before a license certificate is issued or served on him/her: Provided, That a person who intends to newly obtain a license, the term of validity of which is not specified or exceeds one year, or who intends to obtain the changed license may pay registration and license tax on the relevant license to be paid in the following year in lump sum when he/she obtains the new or changed license notwithstanding Article 34 of the Framework Act on Local Taxes, and in which case the amount of registration and license tax to be paid in the following year minus 10/100 of the said amount shall be paid.
(2) A license, the term of validity of which is not specified or exceeds one year, shall be deemed renewed on January 1 of each year, and thus registration and license tax shall be annually imposed by means of ordinary collection within the period for payment stipulated by the municipal ordinance of the competent local government having jurisdiction over the place for tax payment pursuant to Article 25 (2) whereas registration and license tax shall be imposed only once on a license, the term of validity of which is one year or shorter when filing such license.
(3) In cases of any of the following licenses, registration and license tax shall be imposed only once when such licenses are filed, notwithstanding paragraph (2):
1. A license for manufacturing, processing or importation respectively obtained for each item;
2. A license prescribed by Presidential Decree which includes a construction permit or any other permit equivalent thereto.
(4) Where a person liable to pay registration and license tax fails to fulfill his/her duty to file a return or pay tax under paragraph (1), the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the amount of tax calculated pursuant to Articles 34 (1) shall be collected as the amount of tax by means of ordinary collection: Provided, That when he/she has paid registration and license tax by the deadline for payment even in cases where he/she failed to file a return under paragraph (1), no additional taxes under Articles 53-2 or 53-3 of the Framework Act on Local Taxes shall be imposed on him/her. <Newly Inserted by Act No. 11617, Jan. 1, 2013>
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 Article 36 (Effect of Tax Payment)   print
Registration and license tax paid by the ancestor shall be deemed paid by his/her heir, and the aforesaid tax paid by a corporation ceasing to exist due to a merger shall be deemed paid by a corporation newly established after or surviving the merger.
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 Article 37 (Measures for Already Paid Registration and License Tax)   print
(1) Where a person who has filed a return on and paid registration and license tax withdraws an application for license or becomes unable to obtain the relevant license due to other reasons, the head of the competent local government shall refund the returned and paid registration and license tax according to the handling procedures of local tax refunds under Article 76 of the Framework Act on Local Taxes. In such cases, Article 77 of the same Act shall not apply.
(2) If the validity of a granted license expires due to termination of the period of validity, revocation of the license, or any other reason similar thereto, the already paid registration and license tax shall not be refunded.
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 Article 38 (Verification of Tax Payment upon Granting License)   print
(1) Where a license-granting agency grants a license or changes an already granted license, it shall issue or deliver the license certificate to the relevant person after verifying if the registration and license tax under Article 35 is paid.
(2) Matters concerning the method of verification on the payment of registration and license tax under paragraph (1), and other matters shall be prescribed by Presidential Decree.
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 Article 38-2 (Notification on License)   print
(1) When a license-granting agency grants, changes, revokes or suspends a license, it shall notify the relevant head of a Si/Gun of such before issuing or delivering a license certificate, as prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>
(2) When a license-granting agency processes matters on the granting, changing, revoking or suspending of a license under paragraph (1) with a computer system, it may notify the head of a Si/Gun of such processed data, in lieu of the notification under paragraph (1).
[This Article Newly Inserted by Act No. 10416, Dec. 27, 2010]
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 Article 38-3 (Perusal of Documents Related to License)   print
Where a tax official requests a related agency to allow the perusal or reproduction of documents related to the grant, change, revocation or suspension of a license for the purpose of imposition and collection of registration and license tax, the related agency shall comply with such request. <Amended by Act No. 11617, Jan. 1, 2013>
[This Article Newly Inserted by Act No. 10416, Dec. 27, 2010]
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 Article 39 (Revocation, etc. of Licenses)   print
(1) The head of a local government may request a license-granting agency to revoke and suspend a license issued to a person who fails to pay applicable registration and license tax.
(2) A license-granting agency, in receipt of a request under paragraph (1), shall promptly revoke or suspend the relevant license.
(3) Where a license-granting agency has revoked or suspended a license pursuant to paragraph (2) or due to any other reason, it shall promptly notify the head of the competent local government thereof.
CHAPTER IV LEISURE TAX
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 Article 40 (Objects of Taxation)   print
Objects of taxation of leisure tax shall be as follows:
1. Bicycle racing and motorboat racing pursuant to the Bicycle and Motorboat Racing Act;
2. Horse racing pursuant to the Korean Racing Association Act;
3. Selling tickets in which their purchasers indicate possible winner of racing, horse racing tickets, etc., paying prize money, etc. to those who correctly choose a winner or winning horse pursuant to other Acts, which is prescribed by Presidential Decree.
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 Article 41 (Persons Liable to Pay Tax)   print
A person liable to pay tax who carries on a business constituting the objects of taxation stipulated in Article 40 (hereafter referred to as "bicycle racing, etc." in this Chapter) shall be liable to pay leisure tax to the local government under the jurisdiction of which the relevant place of business subject to taxation (hereafter referred to as "bicycle racing tracks, etc." in this Chapter) and outdoor counters are located.
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 Article 42 (Tax Bases and Tax Rates)   print
(1) The tax base of leisure tax shall be the total sales of tickets in which their purchasers indicate possible winner of racing, horse racing tickets, etc.
(2) The tax rate of leisure tax shall be 10/100.
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 Article 43 (Tax Returns and Payment)   print
A person liable to pay tax shall file a return on and pay the amount of tax obtained by multiplying the tax base under Article 42 (1) by the tax rate under Article 42 (2) (hereinafter referred to as "calculated amount of tax" in this Chapter) in proportion to the seats of bicycle racing tracks, etc. and outdoor counters respectively with/to the head of the competent local government by the tenth day of the month following that in which tickets in which their purchasers indicate possible winner of racing, horse racing tickets, etc. are sold falls, as prescribed by Presidential Decree.
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 Article 44 (Duties to Keep Account Books)   print
A person liable to pay tax shall enter matters concerning the operation of bike racing, etc. in an account book, and report necessary matters to the head of the competent local government, as stipulated by the relevant municipal ordinance.
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 Article 45 (Additional Collection of Insufficient Amount of Tax and Additional Taxes)   print
(1) Where a person liable to pay tax fails to fulfill his/her duty to file a return or pay tax under Article 43, the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the calculated amount of tax or to the insufficient amount of tax shall be collected as the amount of tax by means of ordinary collection. <Amended by Act No. 11617, Jan. 1, 2013>
1. and 2. Deleted. <by Act No. 11617, Jan. 1, 2013>
(2) Where a person liable to pay tax fails to fulfill the duty stipulated under Article 44, an amount equivalent to 10/100 of the calculated amount of tax shall be collected by means of ordinary collection, in addition to the amount of tax to be collected.
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 Article 46 (Assistance, etc. in Collection Duties)   print
(1) The head of the competent local government may order a person liable to pay tax to assist in his/her collection duties, as prescribed by Presidential Decree.
(2) In cases under paragraph (1), the head of the competent local government may grant subsidies to persons liable to pay tax, as prescribed by Presidential Decree.
CHAPTER V TOBACCO CONSUMPTION TAX
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 Article 47 (Definitions)   print
The terms used in relation to tobacco consumption tax shall be defined as follows:
1. The term "tobacco" means tobacco stipulated under Article 2 of the Tobacco Business Act;
2. The term "importation" or "exportation" means importation or exportation stipulated under Article 2 of the Customs Act;
3. The term "bonded area" means a bonded area stipulated under Article 154 of the Customs Act;
4. The term "manufacturer" means a person who manufactures tobacco after obtaining a license to operate tobacco manufacturing business pursuant to Article 11 of the Tobacco Business Act;
5. The term "manufacturing place" means the factory of a manufacturer who manufactures tobacco;
6. The term "import distributor" means a person who imports and distributes tobacco for sale pursuant to Article 13 of the Tobacco Business Act;
7. The term "retailer" means a person designated as a retailer of tobacco pursuant to Article 16 of the Tobacco Business Act;
8. The term "distribution for sale" means where a manufacturer, import distributor or wholesaler sells tobacco to a retailer;
9. The term "sale" means where a retailer sells tobacco to consumers.
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 Article 48 (Objects of Taxation)   print
(1) The object of taxation of tobacco consumption tax is tobacco.
(2) Tobacco referred to in paragraph (1) shall be classified as follows: <Amended by Act No. 10416, Dec. 27, 2010>
1. Smoking tobacco:
(a) Class 1: Cigarettes;
(b) Class 2: Pipe tobacco;
(c) Class 3: Cigars;
(d) Class 4: Cut tobacco;
(e) Class 5: Electronic tobacco;
2. Chewing tobacco;
3. Snuffing tobacco.
(3) The classification of tobacco under paragraph (2) shall be prescribed by Presidential Decree based on the nature, shape, manufacturing process, etc. of tobacco.
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 Article 49 (Persons Liable to Pay Tax)   print
(1) A manufacturer shall be liable to pay tobacco consumption taxon tobacco taken out of a manufacturing place.
(2) An import distributor shall be liable to pay tobacco consumption tax on tobacco taken out of a bonded area.
(3) Where a person who enters the Republic of Korea brings in tobacco as his/her personal effects, consignments, or unaccompanied goods, the person who carries in tobacco in the Republic of Korea shall be liable to pay tobacco consumption tax.
(4) Where tobacco is manufactured in or brought into the Republic of Korea in a manner, other than those stipulated under paragraphs (1) through (3), the manufacturer or the person who brings in tobacco shall be liable to pay tobacco consumption tax.
(5) Where duty-free tobacco under Article 54 is taken out, and then is distributed for sale, sold, consumed or disposed of otherwise without being used for the intended purpose, the person who makes such disposition shall be liable to pay tobacco consumption tax, notwithstanding paragraphs (1) through (4).
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 Article 50 (Places for Tax Payment)   print
(1) In cases under Article 49 (1) and (2), the place to pay tobacco consumption tax shall be the location of place of business of a retailer to whom tobacco is distributed for sale.
(2) In cases under Article 49 (3), the place to pay tobacco consumption tax shall be the location of the relevant customs office.
(3) In cases under Article 49 (4), the place to pay tobacco consumption tax shall be as follows:
1. Where tobacco is manufactured: The place where tobacco is manufactured;
2. Where tobacco is brought into the Republic of Korea: The place through which tobacco is brought into the Republic of Korea.
(4) In cases under Article 49 (5), the place to pay tobacco consumption tax shall be the location of the place of business of the person who makes dispositions under the same paragraph, in which case, if the location of the place of business is unknown, the place to pay the said tax shall be the place where such dispositions are made.
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 Article 51 (Tax Bases)   print
Tax bases of tobacco consumption tax shall be the number of pieces of tobacco, weight of tobacco or the volume of nicotine solution. <Amended by Act No. 10416, Dec. 27, 2010>
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 Article 52 (Tax Rates)   print
(1) Tax rates of tobacco consumption tax shall be as follows:<Amended by Act No. 10416, Dec. 27, 2010>
1. Smoking tobacco:
(a) Class 1 cigarettes: 641 won per the pack of 20 cigarettes;
(b) Class 2 pipe tobacco: 1,150 won per 50 grams;
(c) Class 3 cigars: 3,270 won per 50 grams;
(d) Class 4 cut tobacco: 1,150 won per 50 grams;
(e) Class 5 electronic tobacco: 400 won per 1 millimeter of nicotine solution;
2. Chewing tobacco: 1,310 won per 50 grams;
3. Snuffing tobacco: 820 won per 50 grams.
(2) Tax rates referred to in paragraph (1) may be increased or decreased by Presidential Decree by up to 30/100 of such tax rates.
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 Article 53 (Taking out without Paying Tax)   print
Tobacco consumption tax shall be assessed on any of the following tobacco:
1. Tobacco taken out of a manufacturing place or bonded area to another manufacturing place or bonded area for the convenience of supply of tobacco;
2. Tobacco taken out to be used for raw material of another tobacco;
3. Tobacco taken out, as prescribed by Presidential Decree, such as taking out tobacco to relocate the place of manufacturing or other reasons.
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 Article 54 (Tax Exemption)   print
(1) Tobacco consumption tax shall be exempted where a manufacturer or import distributor provides tobacco for any of the following purposes:
1. Exportation;
2. Supply to the armed forces, riot polices, guard units of correctional institutions or foreign armed forces in Korea;
3. Sale in bonded areas;
4. Sale to the crew of ocean-going ships or deep-sea fishing vessels;
5. Sale to passengers of airplanes or passenger ships servicing international lines;
6. For any experimental analysis or research;
7. Other purposes prescribed by Presidential Decree, including tobacco, etc. used by the President of the Republic of Korea for an event.
(2) Tobacco prescribed by Presidential Decree, brought into the Republic of Korea by a person, etc. who enters the Republic of Korea from overseas shall be exempted from tobacco consumption tax.
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 Article 55 (Reporting on Taking out Tobacco)   print
When a manufacturer or import distributor takes tobacco out of a manufacturing or bonded area (including taking-out under Article 53), he/she shall report it to the head of the competent local government, as prescribed by Presidential Decree.
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 Article 56 (Cases Deemed Taking out of Manufacturing Places or Bonded Areas)   print
A manufacturer or import distributor is deemed to have taken tobacco out of a manufacturing place or bonded area in any of the following cases:
1. Where tobacco is consumed at the manufacturing place or bonded area;
2. Where tobacco in a manufacturing place is liquidated through public sale, auction or bankruptcy proceeding.
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 Article 57 (Report on Opening, Closure, etc. of Business)   print
Where a manufacturer or import distributor intends to open a manufacturing place or start an import distributing business, he/she shall report it to the head of the local government having jurisdiction over the location of the main office (in cases of a manufacturing place, referring to the location of the relevant manufacturing place), as prescribed by Presidential Decree. This shall also apply to the suspension or closure of the manufacturing place or import distributing business, or changes to the reported matters.
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 Article 58 (Presentation of Plan to Use Stockpiled Tobacco at the Time of Business Closure)   print
Where a manufacturer or import distributor reports the closure of business pursuant to Article 57, he/she shall submit a plan to use the stockpiled tobacco in his/her possession.
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 Article 59 (Bookkeeping Duty)   print
A manufacturer or import distributor shall enter matters concerning the manufacturing, importation, distribution for sale, etc. in an account book, and keep such book, as prescribed by Presidential Decree.
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 Article 60 (Return, Payment, etc.)   print
(1) A manufacturer shall file a return on and pay the amount of tax calculated based on the tax base and tax rate under Articles 51 and 52 (hereafter referred to as "calculated amount of tax" in this Chapter) on the tobacco taken out of a manufacturing place from the first day to the last day of each month to the head of the competent local government by the end of the following month, according to proportional distribution standards prescribed by Presidential Decree. <Amended by Act No. 10416, Dec. 27, 2010>
(2) An import distributor shall file a return on and pay the calculated amount of tax on the tobacco taken out of a bonded area from the first day to the last day of each month to the head of the local government having jurisdiction over the location of the main office of the import distributor by the end of the following month, as prescribed by Presidential Decree. In such cases, the head of the local government having jurisdiction over the location of the main office of the import distributor shall be the person responsible for special collection of tobacco consumption tax on imported tobacco. <Amended by Act No. 10416, Dec. 27, 2010>
(3) A person liable for special collection under paragraph (2) shall pay the collected tobacco consumption tax to the head of each local government by the tenth day of the following month according to proportional distribution standards prescribed by Presidential Decree. In such cases, the person liable for special collection may deduct expenses, etc. incurred in handling administrative affairs in connection with the collection and payment of tobacco consumption tax from the amount of tax to be paid to the head of the relevant local government, as prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013; Act No. 11690, Mar. 23, 2013>
(4) Even though a person liable for special collection under paragraph (2) fails to pay or insufficiently pays the amount of tax he/she has collected or is to collect by the deadline under paragraph (3), no additional tax under Article 53-5 of the Framework Act on Local Taxes shall be imposed on the person liable for special collection. <Newly Inserted by Act No. 11617, Jan. 1, 2013>
(5) A person liable to pay tax under Article 49 (3) shall file a tobacco consumption tax return and pay tobacco consumption tax to the head of a local government having jurisdiction over the location of the customs office, as prescribed by Presidential Decree. <Amended by Act No. 11617, Jan. 1, 2013>
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 Article 61 (Additional Collection of Insufficient Amount of Taxes and Additional Taxes)   print
(1) Where any of the following cases occurs, the head of a local government shall collect the amount calculated by adding the amount of additional tax (in cases referred to in subparagraph 4 or 5, referring to additional taxes under Article 53-2 or 53-3 of the Framework Act on Local Taxes) equivalent to 10 percent of the calculated amount of tax or the insufficient amount of tax to the amount of tax to be collected: Provided, That in cases referred to in subparagraphs 4 and 5, where a person fails to pay the calculated amount of tax or pays less than the calculated amount of tax, the head of the local government shall collect the amount of tax calculated by additionally adding the amount of additional tax under Article 53-4 of the Framework Act on Local Taxes thereto: <Amended by Act No. 11617, Jan. 1, 2013>
1. Where a person carries on a business without reporting the opening of business pursuant to Article 57;
2. Where a person fails to report the closure of business pursuant to Article 57, or fails to submit a plan for use pursuant to Article 58;
3. Where a person fails to perform his/her bookkeeping duty pursuant to Article 59, or makes a false entry;
4. Where a person fails to file a return pursuant to Article 60, or the amount of tax reported is less than the calculated amount of tax;
5. Where a person files a false return on the amount of tax following the distribution of tobacco for sale by local government pursuant to Article 60.
(2) Where any of the following cases occurs, an amount equivalent to 30/100 of the calculated amount of tax or the insufficient amount of tax shall be collected in addition to the amount of tax to be collected:
1. Where the tobacco taken out pursuant to Article 53 is not used for its intended purpose, but distributed for sale, sold, consumed or disposed of otherwise;
2. Where the tobacco exempt from tobacco consumption tax pursuant to Article 54 (1)is not used for its intended purpose, but distributed for sale, sold, consumed or disposed of otherwise;
3. Where a manufacturer or import distributor fails to report pursuant to Article 55;
4. Where a person receives a deduction or refund of the amount of tax pursuant to Article 63 in a fraudulent manner;
5. Where a person wholly or partially conceals or disguises the fact which serves as the basis of the tax base.
(3) The calculated amount of tax and the insufficient amount of tax under paragraphs (1) and (2) shall be calculated by applying the tax base and tax rate to the quantity of tobacco related to the relevant act.
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 Article 62 (Occasional Imposition)   print
(1) Where any of the following cases occurs, the head of the competent local government may assess, impose and collect the amount of tax at any time, based on the relevant evidential data, notwithstanding Article 60:
1. Where a person liable to pay tax under Article 49 (1) and (2) is in a state of business suspension or closure due to a slump in business or other reason;
2. Where tobacco consumption tax is collected pursuant to Article 61.
(2) In cases under Article 49 (4) and (5), the amount of tax shall be assessed, imposed and collected when the relevant fact is discovered or verified.
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 Article 63 (Deduction and Refund of Amount of Tax)   print
(1) Where any of the following cases occurs, the relevant amount of tax shall be deducted or refunded:
1. Where the tobacco taken out of a manufacturing place or bonded area is lost or damaged due to a natural disaster or other extraordinary circumstances;
2. Where the tobacco taken out of a manufacturing place or bonded area is brought back to a manufacturing place or a tobacco storage of an import distributor due to its inferior packaging or quality, its slow sales, or other extraordinary circumstances;
3. Where the amount of tax already filed and paid is overpaid.
(2) The subject matters and scope of deduction and refund under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 64 (Security for Tax Payment)   print
(1) The head of the local government having jurisdiction over the location of the main office of a manufacturer or import distributor may request the manufacturer or import distributor to provide security, as prescribed by Presidential Decree, for the purpose of securing the payment of tobacco consumption tax.
(2) Where a manufacturer or import distributor requested to provide security pursuant to paragraph (1) fails to provide security or provides insufficient security, the head of the competent local government may prohibit him/her from taking out tobacco, or request the head of the relevant customs office to do so.
(3) The head of the relevant customs office requested to prohibit taking out of tobacco pursuant to paragraph (2) shall comply therewith.
CHAPTER VI LOCAL CONSUMPTION TAX
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 Article 65 (Objects of Taxation)   print
Article 4 of the Value-Added Tax Act shall apply mutatis mutandis to the objects of taxation of local consumption tax. <Amended by Act No. 11873, Jun. 7, 2013>
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 Article 66 (Persons Liable to Pay Tax)   print
A Do having jurisdiction over the address or location of a person who consumes goods and services under Article 65 shall impose Local consumption tax on a person liable to pay it pursuant to Article 3 of the Value-Added Tax Act. <Amended by Act No. 11873, Jun. 7, 2013>
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 Article 67 (Place of Tax Payment)   print
A place of payment of local consumption tax shall be the place of tax payment under Article 6 of the Value-Added Tax Act. <Amended by Act No. 11873, Jun. 7, 2013>
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 Article 68 (Persons Responsible for Special Collection)   print
A person responsible for special collection is the head of the tax office having jurisdiction over the place for tax payment under Article 67, or the head of the customs office who collects value-added tax on the importation of goods pursuant to Article 58 (2) of the Value-Added Tax Act. <Amended by Act No. 11873, Jun. 7, 2013>
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 Article 69 (Tax Bases and Amount of Tax)   print
(1) The tax base for value-added tax shall be an amount of tax calculated by subtracting the reduced, exempted or deducted amount of the value-added tax pursuant to the Value-Added Tax Act and other Acts from the amount of the valued-added tax paid under the Value-Added Tax Act plus additional taxes.
(2) The amount of value-added tax shall be calculated by applying 5/100 to the tax base stipulated under paragraph (1).
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 Article 70 (Tax Returns, Payment, etc.)   print
(1) Where local consumption tax and value-added tax is returned, paid, corrected or refunded, such tax return, payment, correction or refund shall be made based on the amount of local consumption tax under Article 69 (2) plus the amount of value-added tax under Article 72 of the Value-Added Tax Act, notwithstanding Article 69 (2). <Amended by Act No. 11873, Jun. 7, 2013>
(2) Where a person has filed a value-added tax return and paid value-added tax pursuant to Articles 48 through 50, 52, 66 and 67 of the Value-Added Tax Act, he/she shall be deemed to have also filed a local consumption tax return and paid local consumption tax. <Amended by Act No. 11873, Jun. 7, 2013>
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 Article 71 (Payment)   print
(1) A person responsible for special collection shall pay the collected local consumption tax to the Do Governor prescribed by Presidential Decree (hereinafter referred to as "payment manager") along with an assessment notice prescribed by Ordinance of the Ministry of Security and Public Administration, by the 20th of the following month, considering the population, etc. of the area under his/her jurisdiction. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Even though a person liable for special collection under paragraph (1) fails to pay or insufficiently pays the amount of tax he/she has collected or is to collect by the deadline under the said paragraph, no additional tax under Article 53-5 of the Framework Act on Local Taxes shall be imposed on the person liable for special collection. <Newly Inserted by Act No. 11617, Jan. 1, 2013>
(3) A payment manager shall remit the local consumption tax paid under paragraph (1) to the respective Do Governors within a period prescribed by Presidential Decree, according to proportional distribution standards and methods prescribed by Presidential decree considering the level of consumer spending by area, and other relevant aspects. <Amended by Act No. 11617, Jan. 1, 2013>
(4) Where a person responsible for special collection refunds local consumption tax pursuant to Article 70 (1), he/she shall deduct an amount equivalent to the local consumption tax (hereafter referred to as "local consumption tax refund" in this paragraph) among refunds from an amount to be paid to the payment manager: Provided, That where the local consumption tax refund exceeds the amount to be paid, the over-refunded local consumption tax shall be carried forward to the following month. <Amended by Act No. 11617, Jan. 1, 2013>
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 Article 72 (Special Cases concerning Imposition, Collection, etc.)   print
The imposition and collection of local consumption tax, procedures of raising objections and other relevant matters shall be dealt with in the same manner as national taxes are dealt with. In such cases, a person responsible for special collection under Article 68 shall be deemed a managing authority.
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 Article 73 (Application Mutatis Mutandis of the Value-Added Tax Act)   print
The Value-Added Tax Act shall apply mutatis mutandis to matters concerning local consumption tax unless otherwise provided for in this Chapter.
CHAPTER VII RESIDENT TAX
SECTION 1 Common Provisions
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 Article 74 (Definitions)   print
The terms used in relation to resident tax shall be defined as follows:
1. The term "per capita portion" means resident tax imposed both on an individual and corporation pursuant to Article 78 (1);
2. The term"pro rata property portion" means resident tax imposed on the basis of the total floor area of a place of business as its tax base;
3. The term "place of business" means a place equipped with human resources and physical equipment where a business or business affairs are continually performed;
4. The term "business owner" means a person having his/her place of business (excluding a place of business closed for one or more year as of July 1 of a year) under the jurisdiction of any local government;
5. The term "total floor area of a place of business" means the total floor area of a building used for a place of business prescribed by Presidential Decree.
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 Article 75 (Persons Liable to Pay Tax)   print
(1) A person liable to pay per capita portion is an individual who has his/her domicile in a local government (excluding family members who live together with a householder liable to pay tax), a corporation, the place of business of which is located in a local government (including an unincorporated association, foundation or organization subject to imposition of corporate tax; hereafter the same shall apply in this Chapter), or an individual who has a place of business the same as or larger than the specified scale prescribed by Presidential Decree in a local government(hereinafter referred to as "individual having a place of business").
(2) A person liable to pay pro rata property portion is a business owner registered in the tax ledger as of July 1 of a year: Provided, That where the owner of a building for a place of business is different from a business owner, the owner of the building may be charged with secondary tax liability, as prescribed by Presidential Decree.
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 Article 76 (Places for Tax Payment)   print
(1) Per capita portion shall be imposed on each and every domicile or the location of the place of business by the local government having jurisdiction over the place for tax payment prescribed in the following subparagraphs:
1. An individual whose domicile is in a local government: His/her domicile;
2. An individual whose place of business is in a local government: The seat of the place of business;
3. A corporation: The seat of the place of business.
(2) Pro rata property portion shall be imposed on each and every seat of the place of business by the local government having jurisdiction over the location of the place of business as of the tax base date.
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 Article 77 (Non-Taxation)   print
(1) No resident tax shall be imposed on any of the following persons:
1. The State, local governments, and local government associations;
2. Foreign government agencies, international organizations in Korea, and foreign nongovernmental aid organizations under the Foreign Nongovernmental Aid Organizations Act located in Korea (hereinafter referred to as "foreign aid organization in Korea"), and foreigners working for foreign government agencies or international organizations in Korea: Provided, That in cases of a country imposing a tax of the same nature as resident tax on the government agencies and international organizations of the Republic of Korea, or on Korean nationals working therefor, resident tax shall be imposed on such country, foreigners having the nationality of such country, and property of the government or aid organizations of such country.
(2) Per capita portion shall not be imposed on persons entitled to benefits under the National Basic Living Security Act.
SECTION 2 Per Capita Portion
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 Article 78 (Tax Rates)   print
(1) The tax rates of per capita portion shall be as follows:
1. Tax rates for individuals:
(a) Tax rate for an individual whose domicile is in the jurisdiction of a local government: An amount of tax determined by the head of each local government by municipal ordinance within the limit of not exceeding 10,000 won;
(b) Standard tax rate for an individual whose place of business is in a local government: 50,000 won;
2. Standard tax rates for corporations:
(2) The head of each local government may increase or decrease the tax rates for the per capita portion within the extent of 50/100 of the standard rates under paragraph (1) 1 (b) and subparagraph 2 of the same paragraph, as stipulated by the relevant municipal ordinance.
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 Article 79 (Methods, etc. of Collection)   print
(1) The per capita portion shall be collected by means of ordinary collection.
(2) The base date for assessing the per capita portion shall be August 1 of a year.
(3) The payment period of the per capita portion shall be from August 16 to August 31 of a year.
SECTION 3 Pro Rata Property Portion
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 Article 80 (Tax Bases)   print
The tax base of the pro rata property portion shall be the total floor area of the place of business as of the tax base date.
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 Article 81 (Tax Rates)   print
(1) The standard tax rate of the pro rata property portion shall be 250 won per square meter of total floor area of the place of business.
(2) The head of each local government may determine the tax rate of the pro rata property portion below that under paragraph (1), as stipulated by municipal ordinance.
(3) The tax rate that is 200/100 of that under paragraph (1) shall apply to a place of business discharging pollutants prescribed by Presidential Decree, as those which discharge waste water, industrial wastes, etc.
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 Article 82 (Tax Exemption Points)   print
No pro rata property portion shall be imposed on any place of business, the total floor area of which is not more than 330 square meters.
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 Article 83 (Methods of Collection, Payment Due Date, etc.)   print
(1) The collection of the pro rata property portion shall be by means of a tax return and payment.
(2) The tax base date of pro rata property portion shall be July 1.
(3) A person liable to pay the pro rata property portion shall file a return on and pay the amount of tax to be paid annually to the head of the local government having jurisdiction over the place for tax payment, as prescribed by Presidential Decree from July 1 to July 31 of a year.
(4) Where a person liable to pay the pro rata property portion fails to fulfill his/her duty to file a return and pay tax under paragraph (3), the head of a local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the amount of tax calculated pursuant to Articles 80 and 81, or to the insufficient amount of tax as the amount of tax by means of ordinary collection: <Amended by Act No. 11617, Jan. 1, 2013>
1. and 2. Deleted. <by Act No. 11617, Jan. 1, 2013>
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 Article 84 (Duty to Report)   print
(1) A person liable to pay the pro rata property portion or an owner of the building for the place of business shall report necessary matters, as stipulated by the relevant municipal ordinance.
(2) Where a person liable to pay tax fails to report pursuant to paragraph (1), a tax official may conduct an ex officio investigation and register the outcome of such investigation in the tax ledger.
CHAPTER VIII LOCAL INCOME TAX
SECTION 1 Common Provisions
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 Article 85 (Definitions)   print
The terms used in relation to local income tax shall be defined as follows:
1. The term "pro rata income portion" means general term for pro rata income tax portion and pro rata corporate tax portion;
2. The term "pro rata employee portion" means local income tax imposed on the total wage of employees as its tax base;
3. The term "pro rata income tax portion" means local income tax based on the amount of tax to be paid under the Income Tax Act (excluding additional taxes on negligent tax payment collected because a person who has filed a preliminary or final return on the tax base of income tax fails to pay all or part of the relevant amount of tax returned) as its tax base;
4. The term "pro rata corporate tax portion" means local income tax based on the corporate tax to be paid under the Corporate Tax Act as its tax base;
5. The term "place of business" means a place equipped with human resources and physical facilities where business or office work is continually performed;
6. The term "workplace" means a place (including a place of business) equipped with human resources and physical facilities where business or office work is performed;
7. The term "business owner" means a person having his/her place of business (excluding a place of business closed for one or more year as of July 1 of a year) in the jurisdiction of any local government;
8. The term "total wages of employees" means salary, wages and bonuses paid to employees of a business office and wages of a nature equivalent thereto which is prescribed by Presidential Decree;
9. The term "employees" means employees and executives working in a place of business or being paid wages from a place of business, or any other worker prescribed by Presidential Decree.
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 Article 86 (Persons Liable to Pay Tax)   print
(1) A pro rata income portion shall be imposed on persons liable to pay the income tax and corporate tax in a local government.
(2) A pro rata employee portion shall be imposed on business owners paying wages to employees.
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 Article 87 (Places, etc. for Tax Payment)   print
(1) A pro rata income portion shall be occasionally imposed by the local government having jurisdiction over the place for tax payment prescribed in the following subparagraphs: <Amended by Act No. 10469, Mar. 29, 2011>
1. Pro rata income tax portion: The place for tax payment of income tax;
2. Pro rata corporate tax portion: The place for tax payment of corporate tax: Provided, That where consolidated corporations of a consolidated group exist in two or more local governments, the place for tax payment of each consolidated corporation shall be the place provided for in Article 9 (1) of the Corporate Tax Act, and where the places of business of a corporation exist in two or more local governments, the pro rata corporate tax portion shall be imposed respectively by any such local government having jurisdiction over the relevant place for tax payment, as prescribed by Presidential Decree.
(2) Where corporate tax is imposed on consolidated corporations of a consolidated group which exist in two or more local governments under the proviso to paragraph (1) 2, the pro rata corporate tax portion of each local government shall be calculated on the basis of the amount equivalent to the amount of corporate tax (including the amount of interim tax prepayment) that each consolidated corporation has borne, and shall be imposed by each local government having jurisdiction over the relevant place for tax payment. <Newly Inserted by Act No. 10469, Mar. 29, 2011>
(3) Notwithstanding paragraph (1), any of the following pro rata income tax portions from among pro rata income portions to be specially collected under Article 96 shall be imposed by the local government having jurisdiction over the place for tax payment prescribed in the relevant subparagraphs: <Amended by Act No. 10469, Mar. 29, 2011; Act No. 11617, Jan. 1, 2013>
1. Pro rata income tax portion on earned income and retirement income: Place of work of a person liable to pay tax;
2. Where the withholding affairs of income tax on interest income, dividend income, etc. are performed collectively at the head office or principal office, the pro rata income tax portion on such income: Place for payment of such income;
3. Pro rata income tax portion on income from prize money or a refund in cases where prize money of each fixed grade among the lottery prize money under Article 2 of the Lottery Tickets and Lottery Fund Act or a refund of each fixed grade among refunds of sports promotion betting tickets under Article 2 of the National Sports Promotion Act is paid in a lump sum at the head office or principal office: A place where the relevant lottery ticket or sports promotion betting ticket has been sold;
4. Pro rata income tax portion on pension income under Article 20-3 (1) 1 and 2 of the Income Tax Act: Address of the person who receives such income;
5. Pro rata income tax portion on business income paid by the National Health Insurance Corporation under the National Health Insurance Act: Seat of the place of business of the person who receives such income.
(4) A pro rata employee portion shall be imposed on each place of business respectively by the local government having jurisdiction over the location of the place of business as of end of each month (referring to the location of the place of business as at the date of closure where the place of business is closed). <Amended by Act No. 10469, Mar. 29, 2011>
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 Article 88 (Non-Taxation)   print
No pro rata employee portion shall be imposed on any of the following persons:
1. The State, local governments and local government associations;
2. Foreign government agencies, international organizations and foreign aid organizations in Korea: Provided, That in cases of a country imposing a tax of the same nature as the pro rata employee portion on Korean government agencies and aid organizations, the pro rata employee portion shall be imposed on such country or aid organizations of such country.
SECTION 2 Pro Rata Income Portion
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 Article 89 (Tax Rates)   print
(1) The standard tax rates of the pro rata income portion shall be as follows:
(2) The head of each local government may increase or decrease the tax rates for the pro rata income portion within the extent of 50/100 of the standard rates under paragraph (1), as stipulated by the relevant municipal ordinance.
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 Article 90 (Methods of Collection)   print
The pro rata income portion shall be collected by means of tax return and payment under Article 91 and special collection under Article 96.
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 Article 91 (Tax Returns and Payment)   print
(1) A person to pay a pro rata corporate tax portion (referring to a consolidated parent corporation in the case of a consolidated group; hereinafter the same shall apply) shall file to the head of the competent local government a return and pay an amount of tax calculated according to Article 89 (hereafter referred to as "calculated amount of tax" in this Article), which is in proportion to an amount of tax calculated by each local government having jurisdiction over the location of the respective place of business of each consolidated corporation or corporation, as prescribed by Article 87 (2) and Presidential Decree, within four months from the date on which the relevant business year ends (five months from the date on which the relevant consolidated business year ends in the case of a consolidated corporation, and one month from the deadline for payment specified in the notice if the amount of tax is determined or corrected pursuant to the Corporate Tax Act or the Framework Act on National Taxes, from the date on which the extended period for a tax return expires if the deadline for tax return is extended, or from the date of filing a revised tax return if the revised tax return is filed, respectively): Provided, That, if the total amount of tax to be paid additionally or refunded by business year due to a corrected or revised tax return falls short of 10/100 of the initially determined or returned amount of tax, it may be returned and paid after being added to or deducted from the pro rata corporate tax portion for the business year in which the date on which the correction is notified or the revised tax return is filed falls, regardless of the business year to which it reverts, and in such cases Article 77 of the Framework Act on Local Taxes shall not apply. <Amended by Act No. 10469, Mar. 29, 2011>
(2) A person to pay a pro rata income tax portion shall file a return on and pay the calculated amount of tax (excluding any amount of specially collected tax) pursuant to Article 93 (1) by the date specified in each subparagraph:
1. Where a revised tax return on the amount of tax to be paid additionally is filed under the Framework Act on National Taxes, the filing date of such tax return;
2. Where a preliminary return on the transfer income tax is filed pursuant to the Income Tax Act, the date on which the filing period expires;
3. Where the income tax is returned and paid under the Income Tax Act(excluding cases under subparagraph 2), the date on which the filing period expires.
(3) Where a person liable to pay a pro rata corporate tax portion fails to fulfill his/her duty to file a return or pay tax under paragraph (1), the head of a local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the calculated amount of tax or to the insufficient amount of tax as the amount of tax by means of ordinary collection: <Amended by Act No. 11617, Jan. 1, 2013>
1. and. 2. Deleted. <by Act No. 11617, Jan. 1, 2013>
(4) Where a person liable to pay a pro rata income tax portion fails to pay it after filing a return on the pro rata income tax portion under Article 93 (1), or the amount of tax paid is less than the calculated amount of tax, the head of a local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Article 53-4 of the Framework Act on Local Taxes to the calculated amount of tax or to the insufficient amount of tax as the amount of tax by means of ordinary collection. <Amended by Act No. 11617, Jan. 1, 2013>
(5) Where a person liable to pay a pro rata corporate tax portion pays the calculated amount of the pro rata corporate tax portion by the deadline for filing the tax return even though he/she has failed to file a return pursuant to paragraph (1), he/she shall be deemed to have filed a return and paid tax pursuant to paragraph (1). In such cases, notwithstanding paragraph (3), the head of the local government shall not impose additional taxes under Article 53-2 or 53-3 of the Framework Act on Local Taxes. <Amended by Act No. 11617, Jan. 1, 2013>
(6) Where a consolidated parent corporation files a return on and pays local income tax, each consolidated subsidiary corporation shall pay the amount equivalent to the local income tax calculated by consolidated corporation pursuant to Article 87 (2) to its consolidated parent corporation. <Newly Inserted by Act No. 10469, Mar. 29, 2011>
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 Article 92 (Revised Returns, Payment, etc.)   print
(1) Where a person liable to pay tax finds any error in the place for payment of the pro rata corporate tax portion and pro rata income tax portion paid after a return thereon is filed under Articles 91 and 93, or in the amount of the pro rata corporate tax proportionally distributed for each local government, he/she may pay it after filing a revised tax return or may request for correction, etc., pursuant to Articles 50 and 51 of the Framework Act on Local Taxes, before the head of the competent local government issues a notice on imposition by means of ordinary collection pursuant to Article 91 (3) and (4).
(2) Where a person liable to pay tax files a revised return and pay tax pursuant to under paragraph (1), he/she shall pay the additional amount of tax to be paid, and the head of a local government shall not impose an additional tax under Article 53-3 or 53-4 of the Framework Act on Local Taxes with regard to the additional amount of tax to be paid. <Amended by Act No. 11617, Jan. 1, 2013>
(3) A request for correction, etc. may be made with respect to the amount of tax to be refunded under paragraph (1), a return on and payment of the pro rata corporate tax portion may be filed and made after deducting such amount of tax to be refunded, if any, from the pro rata corporate tax portion for the following year. In such cases, additional dues on local tax refunds under Article 77 of the Framework Act on Local Taxes shall not be paid with respect to such amount of tax to be refunded.
(4) Except as provided for in this Act or the Framework Act on Local Taxes, Article 45-2 of the Framework Act on National Taxes shall govern a request for correction, etc. of the pro rata income tax portion. In such cases, "person liable for collecting withholding taxes" shall be construed as "person responsible for special collection".
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 Article 93 (Return and Payment of Pro Rata Income Tax Portion and Notice on Imposition)   print
(1) Where a person liable to pay a pro rata income tax portion files a return, preliminary return or revised return on income tax under the Framework Act on National Taxes or the Income Tax Act, he/she shall also file a return on the pro rata income tax portion with the head of the competent tax office in the form prescribed by Ordinance of the Ministry of Strategy and Finance, and pay it to the head of the local government having jurisdiction over the place where the income tax is to be paid.
(2) Where the head of a tax office collects income tax (including additional taxes under Articles 81 and 115 of the Income Tax Act and Articles 47, 47-2 through 47-4, 48 and 49 of the Framework Act on National Taxes) by means of issuing a notice on imposition pursuant to determination, correction, etc. under the Framework Act on National Taxes or the Income Tax Act, the relevant pro rata income tax portion shall be imposed and notified along with income tax in the form prescribed by Ordinance of the Ministry of Security and Public Administration in the same manner as income tax is imposed, notwithstanding Article 90. <Amended by Act No. 11124, Dec, 31, 2011><Amended by Act No. 11690, Mar. 23, 2013>
(3) and (4) Deleted. <by Act No. 11137, Dec. 31, 2011>
(5) Where the head of a tax office receives a return on a pro rata income tax portion or issues a notice on imposition thereon under paragraphs (1) and (2), the head of the relevant local government shall be deemed to have received a return on the pro rata income tax portion or to have issued a notice on imposition thereon.
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 Article 94 (Methods of Calculating Pro Rata Income Portion)   print
(1) A pro rata income portion shall be calculated by applying the tax rate under Article 89 (1) to the total amount of tax to be paid by a person liable to pay tax which is the income tax or corporate tax (including the withheld income tax and corporate tax), returned, determined or corrected pursuant to the Income Tax Act or the Corporate Tax Act: Provided, That the amount of tax imposed under Article 87 (1) through (3) shall be deducted therefrom. <Amended by Act No. 10469, Mar. 29, 2011>
(2) If the amount of tax is revised due to the determination or correction of the income tax or corporate tax returned pursuant to the Income Tax Act or the Corporate Tax Act, or due to a refund pursuant to Article 85-2 of the Income Tax Act or Article 72 of the Corporate Tax Act, the amount of the pro rata income portion shall be refunded or collected additionally according to the amount of tax determined, corrected or refunded.
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 Article 95 (Non-Collection of Small Amount)   print
No pro rata income portion shall be collected where the amount of the pro rata income portion (excluding the portion of special collection) is less than 2,000 won.
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 Article 96 (Special Collection)   print
(1) Where income tax or corporate tax is withheld under the Income Tax Act or the Corporate Tax Act, the relevant person liable for collecting withholding taxes shall collect the amount of tax calculated by applying the tax rate under Article 89 (1) to the amount of the income tax or corporate tax to be withheld (hereinafter referred to as "amount of the specially collected tax"), along with income tax or corporate tax, as prescribed by Presidential Decree. In such cases, a person liable for collecting withholding taxes under the Income Tax Act or the Corporate Tax Act shall be deemed a person responsible for special collection of the pro rata income portion.
(2) Where a person liable for special collection has collected the amount of tax specially collected pursuant to paragraph (1), he/she shall pay the amount of such tax by the tenth day of the month following the month in which the date of such collection falls: Provided, That he/she pays income tax withheld pursuant to the proviso to Article 128 (1) of the Income Tax Act for each half year, he/she may pay the amount of the specially collected tax by the tenth day of the month following the last month of the half year. <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
(3) Where a person liable for special collection of the pro rata income tax portion under paragraph (1) has failed to pay or insufficiently paid the amount of tax he/she collected or is to collect by the deadline under paragraph (2), the head of a local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Article 53-5 of the Framework Act on Local Taxes to the amount of such tax not paid or to the insufficient amount of tax from the person liable for special collection: Provided, That where the State, a local government or any other person prescribed by Presidential Decree is the person liable for special collection, no additional tax for reasons of nonfeasance shall be imposed. <Amended by Act No. 11617, Jan. 1, 2013>
(4) When a tax association collects income tax from its members and pays it to the Government pursuant to Articles 149 through 153 of the Income Tax Act, the tax association shall collect an amount calculated by applying the tax rates under Article 89 (1) to the amount of such tax paid from its members as the pro rata income portion and shall pay it to the head of the competent local government by the tenth day of the month following the month in which the date for the collection thereof falls. In such cases, where the tax association fails to pay or insufficiently pays the amount of tax it has collected or is to collect by the deadline, the head of the competent local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Article 53-5 of the Framework Act on Local Taxes to the amount of tax not paid or to the insufficient amount of tax from the tax association. <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
(5) Where a person liable for special collection of the pro rata income portion tax under paragraph (1) finds an error in the amount of tax specially collected by each local government, which he/she has paid pursuant to Article 87 (3) 3 through 5, he/she shall add the amount of tax insufficiently paid or overpaid to or subtract it from the amount of tax specially collected he/she is to pay to the relevant local government, as prescribed by Presidential Decree. <Amended by Act No. 10416, Dec. 27, 2010; Act No. 10469, Mar. 29, 2011; Act No. 11617, Jan. 1, 2013>
(6) No additional tax under Article 53-5 of the Framework Act on Local Taxes shall be imposed on the amount of tax specially collected which a person liable for special collection additionally pays due to addition or subtraction under paragraph (5), and no additional dues on local tax refunds shall be paid for the amount of tax to be refunded. <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
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 Article 97 (Notification of Amount of Tax, etc. concerning Local Income Tax)   print
(1) The head of a tax office shall notify the head of the local government having jurisdiction over the place for tax payment of the pro rata corporate tax portion of data concerning the imposition, collection, etc. of corporate tax which is the tax base for pro rata corporate tax portion in a form prescribed by Ordinance of the Ministry of Security and Public Administration within the period classified as follows: <Amended by Act No. 11690, Mar. 23, 2013>
1. When the return on the tax base and amount of corporate tax or the revised tax return thereon is received under the Framework Act on National Taxes or the Corporate Tax Act: Within two months from the first day of the month following the month in which such case occurs;
2. When the tax base and amount of corporate tax is determined or corrected (excluding where such tax base and amount is corrected to be reduced) under the Framework Act on National Taxes or the Corporate Tax Act: By the fifteenth day of the month following the month in which such case occurs;
3. When the payment of withheld corporate tax is received: By the fifteenth day of the month following the month in which such case occurs: Provided, That where the payment of withheld corporate tax is received pursuant to the tax payment notice under subparagraph 4, the notification thereof may be omitted;
4. Where a person liable for collecting withholding taxes fails to pay the corporate tax withheld or to be withheld or underpays such tax by the deadline for such payment and, at that time, when the head of a tax office issues a tax payment notice to collect such insufficiently paid tax from the person liable for collecting withholding taxes: By the fifteenth day of the month following the month in which such case occurs.
(2) Where the corporate tax which is the tax base for a pro rata corporate tax portion under the Framework Act on National Taxes or the Corporate Tax Act is refunded, the head of the relevant tax office shall notify the head of the local government having jurisdiction over the place for tax payment of such corporate tax of the details thereof in a form prescribed by Ordinance of the Ministry of Security and Public Administration by the fifteenth day of the month following the month in which such case occurs. In such cases, the head of the local government shall refund the relevant pro rata corporate tax portion. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The head of a tax office shall notify the head of the local government having jurisdiction over the place for tax payment of the relevant income tax of data concerning a pro rata income tax portion and the imposition, collection, etc. of income tax which is the tax base for the pro rata income tax portion in a form prescribed by Ordinance of the Ministry of Public Administration and Security, within the period classified as follows: <Amended by Act No. 11690, Mar. 23, 2013>
1. When the return, preliminary return or revised tax return on the pro rata income tax portion is received under Article 93 (1): By the fifteenth day of the month following the month in which such case occurs: Provided, That where the final return on the tax base is filed under Articles 70, 71 and 110 of the Income Tax Act, the deadline shall be July 31 of the relevant year;
2. When a notice on imposition of the pro rata income tax portion is issued under Article 93 (2): By the day following the day on which such case occurs: Provided, That where the transfer income tax and the pro rata income tax portion which is the tax base for such transfer income tax are imposed together by one notice, the deadline shall be the fifteenth day of the month following the month in which such imposition occurs;
3. When payment of the withheld income tax is received: By the fifteenth day of the month following the month in which such case occurs: Provided, That where the payment of the withheld income tax is received pursuant to the tax payment notice under subparagraph 4, the notification thereof may be omitted;
4. Where a person liable for collecting withholding taxes fails to pay the income tax withheld or to be withheld or underpays such tax by the deadline for such payment and, at that time, where the head of a tax office issues a tax payment notice to collect such insufficiently paid tax from the person liable for collecting withholding taxes: By the fifteenth day of the month following the month in which such case occurs.
(4) Where the income tax which is the tax base for a pro rata income tax portion under the Framework Act on National Taxes or the Corporate Tax Act is refunded, the head of the relevant tax office shall notify the head of the local government having jurisdiction over the place for tax payment of such income tax of the details thereof in a form prescribed by Ordinance of the Ministry of Security and Public Administration by the fifteenth day of the month following the month in which such case occurs. In such cases, the head of the local government shall refund the relevant pro rata income tax portion. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11137, Dec. 31, 2011]
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 Article 98 (Collection Subsidies)   print
A local government may grant subsidies to a tax association which specially collects and pays the pro rata income portion pursuant to Article 96 (4), as prescribed by Presidential Decree.
Section 3 Pro Rata Employee Portion
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 Article 99 (Tax Bases)   print
The tax base of a pro rata employee portion shall be the total of the monthly wages paid to employees.
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 Article 100 (Tax Rates)   print
(1) The standard tax rate of the pro rata employee portion shall be 5/1000 of total wages of employees.
(2) The head of a local government may determine the tax rate of the pro rata employee portion below the tax rate stipulated under paragraph (1), as stipulated by the relevant municipal ordinance.
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 Article 101 (Tax Exemption Points)   print
(1) Where the number of employees in the relevant place of business is 50 or less, no pro rata employee portion may be imposed.
(2) The application standards of tax exemption points under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 101-2 (Support for Employment of Small and Medium Enterprises)   print
(1) Where the entrepreneur of a small and medium enterprise (hereinafter referred to as "small and medium enterprise") under Article 2 of the Framework Act on Small and Medium Enterprises has additionally employed employees, the amount calculated according to the following formula shall be deducted from the tax base on pro rata employee portion. In such cases, where the number of average monthly employees in the immediately preceding business year is not more than 50, the amount shall be calculated considering the number of average monthly employees 50:
The amount deducted = (the number of employees in the month a return is filed - the number of average monthly employees in the immediately preceding business year) × the amount of monthly wages applicable.
(2) When paragraph (1) is applied, with respect to a small and medium enterprise falling under any of the following, the number of persons exceeding 50 for one year only from the month the first return on pro rata employee portion is filed shall be deemed the number of average monthly employees in the immediately preceding business year:
1. Where a small and medium enterprise employs employees in excess of 50 persons while it establishes a new place of business;
2. Where the number of employees of a place of business the number of monthly employees of which is continuously not more than 50 from one year before the month a return on pro rata employee portion is filed exceeds 50 because of additional employment: Provided, That a place of business that has filed a return on pro rata employee portion and paid tax more than once because the number of employees exceeds 50 in the past five years from the month a return is filed shall be excluded.
(3) When paragraph (1) is applied, the amount of monthly wages applicable shall be the amount calculated by dividing the total amount of wages of employees in the month a return is filed by the number of employees in the month a return is filed.
(4) When paragraph (1) is applied, where the number of average monthly employees in the immediately preceding business year cannot be calculated for reasons of the suspension of business, etc., the number of employees in the month the first return on pro rata employee portion is filed after resuming business shall be deemed the number of average monthly employees in the immediately preceding business year.
[This Article Newly Inserted by Act No. 11617, Jan. 1, 2013]
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 Article 102 (Methods of Collection, Payment Due Date, etc.)   print
(1) The pro rata employee portion shall be collected by means of tax return and payment.
(2) A person liable to pay the pro rata employee portion shall file a return on and pay the amount of tax to be paid in each month to the head of the local government having jurisdiction over the place for tax payment by the tenth day of the following month, as prescribed by Presidential Decree.
(3) When a person liable to pay tax on the pro rata employee portion fails to fulfill his/her duty to file a return or pay tax under paragraph (2), the head of a local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the amount of tax calculated pursuant to Articles 99 and 100 or to the insufficient amount of tax from him/her as the amount of tax by means of ordinary collection: <Amended by Act No. 11617, Jan. 1, 2013>
1. and 2. Deleted. <by Act No. 11617, Jan. 1, 2013>
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 Article 103 (Duty to Report)   print
(1) A person liable to pay the pro rata employee portion shall report necessary matters, as stipulated by the relevant municipal ordinance.
(2) Where a person liable to pay tax fails to report pursuant to paragraph (1), a tax official may conduct an ex officio investigation and register the outcome of such investigation in the tax ledger.
CHAPTER IX PROPERTY TAX
SECTION 1 Common Provisions
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 Article 104 (Definitions)   print
The terms used in relation to property tax shall be defined as follows:
1. The term "land" means land subject to registration on the cadastral records pursuant to the Act on Land Survey, Waterway Survey and Cadastral Records, and other substantial land being used;
2. The term "building" means a building stipulated in subparagraph 4 of Article 6;
3. The term "housing" means housing stipulated in subparagraph 1 of Article 2 of the Housing Act . In such cases, housing shall be excluded from the scope of land and buildings;
4. The term "aircraft" means aircraft stipulated in subparagraph 9 of Article 6;
5. The term "ship" means any ship stipulated in subparagraph 10 of Article 6;
6. Deleted. <by Act No. 10416, Dec. 27, 2010>
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 Article 105 (Objects of Taxation)   print
Objects of taxation of the property tax are land, buildings, housing, aircraft and ships (hereafter referred to as "property" in this Chapter).
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 Article 106 (Classifications of Objects of Taxation)   print
(1) Objects of taxation of the property tax on land shall be classified into objects of general aggregate taxation, objects of special aggregate taxation, and objects of separate taxation as detailed below: <Amended by Act No. 10416, Dec. 27, 2010>
1. Objects of general aggregate taxation: The land owned by a person liable to pay tax as of the tax base date, excluding the land subject to objects of special aggregate taxation or objects of separate taxation: Provided, That none of the following land shall be deemed objects of general aggregate taxation:
(a) Any land on which property tax is not assessed or exempted under this Act or relevant Acts and subordinate statutes;
(b) Any land meeting the reduction ratio of such land, the property tax on which is reduced under this Act or other Acts and subordinate statutes;
2. Objects of special aggregate taxation: The land falling under any of the following items, from among the land owned by a person liable to pay tax as of the tax base date: Provided, That no land referred to in subparagraph 1 (a) and (b) shall be deemed objects of special aggregate taxation:
(a) The land annexed to buildings prescribed by Presidential Decree, such as land annexed to a building for factory;
(b) The land prescribed by Presidential Decree to be used for business or economic activities as vacant land or by installing facilities, etc. necessary for the use of the relevant land, such as land for garages, land for bonded warehouses, land for examinations, research or tests, or land for logistics complex facilities;
3. Objects of separate taxation: Any of the following land owned by a person liable to pay tax as of the tax base date:
(a) Land prescribed by Presidential Decree as a factory site, field, rice field, orchard or a stock farm site;
(b) Forests prescribed by Presidential Decree as those necessary for the protection and afforestation of forests, and those owned by a clan;
(c) Land prescribed by Presidential Decree as a site for a golf course under Article 13 (5) (the latter part other than the subparagraphs of the same paragraph shall not apply), and for a high-class recreation center under the same paragraph;
(d) Land prescribed by Presidential Decree as land annexed to a factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act, the acquisition of which has been completed before it is designated as a development restricted zone;
(e) Land similar to that stipulated under items (a) through (d), prescribed by Presidential Decree and has reasonable grounds for separate taxation.
(2) The method of classifying the scope of housing with respect to a building used both for residential and non-residential purposes, and the calculation of the scope of land annexed to the housing shall be classified as follows:
1. Where one building is used both for residential and non-residential purposes, only the portion used for a residential purpose shall be deemed housing. In such cases, the land annexed to a building shall be classified into the land annexed to housing and the land annexed to the building in proportion to the rate of area used for a residential and non-residential purpose in the building;
2. Where a block of land of a building is used both for residential and non-residential purposes, such building is deemed housing if the area used for a residential purpose is equal to or greater than 50/100 of the total area;
3. Presidential Decree shall govern necessary matters concerning the calculation of the scope of the land annexed to housing where the boundary of the land annexed to housing is unclear.
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 Article 107 (Persons Liable to Pay Tax)   print
(1) A person who virtually owns any property as of the tax base date of the property tax is liable to pay property tax: Provided, That in cases of co-owned property, a person holding the right to the portion equivalent to his/her share (where no marks of shares are indicated, the shares shall be deemed equal) shall be deemed a person liable to pay tax, and where the owner of a building for housing and that of its annexed land are different, the respective owners shall be deemed persons liable to pay tax on the proportionally calculated portions in the ratio of the statutory standard price of the building and its annexed land under Article 4 (1) and (2).
(2) Notwithstanding paragraph (1), a person who falls under any of the following subparagraphs as of the tax base date for property tax is liable to pay property tax: <Amended by Act No. 11617, Jan. 1, 2013; Act No. 11690, Mar. 23, 2013>
1. Where it is not possible to ascertain the de facto owner as the owner on the pubic register has failed to report a change in ownership due to reasons, such as purchase and sale, etc.: The owner on the public register;
2. With regard to property for which the inheritance has been commenced, when registration of inheritance is not filed and the de facto owner is not reported: The principal heir prescribed by Ordinance of the Ministry of Security and Public Administration;
3. With regard to property actually owned by a clan, but registered in the names of individuals, etc. on the public register, when a report that such property is owned by a clan is not filed: The owner on the public register;
4. Where a contract to sell property subject to imposition of property tax in annual installments is entered into with the State, local governments and local government associations, and the right to use such property is granted for no consideration: The vendee;
5. In cases of trust property registered or recorded in the name of the trustee pursuant to the Trust Act: The truster (Provided, That in cases of trust property a district housing association or workplace housing association under subparagraph 11 of Article 2 of the Housing Act possesses by purchasing with money paid by its members, referring to the relevant district housing association or workplace housing association). In such cases, the trustee (in cases of the district housing association or workplace housing association, referring to its member) shall be deemed the tax manager under Article 135 of the Framework Act on Local Taxes;
6. Where the specific land is designated not as the substitute land but as the development recompense land or reserve land in a land substitution plan pursuant to the execution of an urban development project in the land substitution mode to be performed under the Urban Development Act, and an improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (limited to a housing redevelopment project and an urban environment improvement project): The project operator.
(3) Where it is not possible to verify the de facto owner as the reversion of ownership is not clear as of the tax base date of property tax, its user is liable to pay property tax.
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 Article 108 (Places for Tax Payment)   print
Property tax shall be imposed by the local government having jurisdiction over the following place for tax payment:
1. Land: The location of the land;
2. A building: The location of the building;
3. Housing: The location of the housing;
4. A ship: The location of the port of registry under the Ship Act: Provided, That where no port of registry exists, it refers to the location of the regular mooring place (where the regular mooring place is not fixed, the domicile of the ship owner);
5. Aircraft: The location of the aircraft station entered in the original aircraft register under the Aviation Act (where no registration is filed under the Aviation Act, the domicile of the owner).
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 Article 109 (Non-Taxation)   print
(1) No property tax may be imposed on any property which belongs to the State, local governments, local government associations, foreign governments and international organizations in Korea: Provided, That property tax shall be imposed on any of the following property:
1. Property of a foreign government which imposes taxes on any property of the government agencies of the Republic of Korea;
2. Property, the tax liability for which rests on a vendee under Article 107 (2) 4.
(2) No property tax shall be imposed on any property used by the State, a local government or a local government association, for any official or public purpose for not less than one year: Provided, That property tax shall be imposed on any property used for consideration.
(3) No property tax shall be imposed on any of the following property (excluding objects of taxation referred to in Article 13 (5)): Provided, That property tax shall be imposed on the property where it is used for a for-profit business prescribed by Presidential Decree, or where the relevant property is used for consideration (excluding any property under subparagraphs 3 and 5), and on part of the property where a part of the relevant property is not directly used for its proper purpose: <Amended by Act No. 10416, Dec. 27, 2010>
1. Roads, rivers, embankments, conduits, reserving ponds, and graves prescribed by Presidential Decree;
2. Forest protection zones under Article 7 of the Forest Protection Act and other land having reasonable grounds for not imposing property tax for public interest, which are prescribed by Presidential Decree;
3. Buildings constructed for a temporary use which fall short of one year as at the base date of property tax;
4. Ships used for rescue in time of emergency, for ferries with no charge, for composition of a floating bridge or for barges belonging to the mother ship;
5. Buildings or housing (limited to building parts under Article 2 (1) 2 of the Building Act) prescribed by Presidential Decree on which it is inappropriate to impose property tax, such as buildings ordered to be removed by an administrative agency.
SECTION 2 Tax Bases and Rates
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 Article 110 (Tax Bases)   print
(1) The tax base of property tax on land, buildings and housing shall be the prices calculated by multiplying the statutory standard prices under Article 4 (1) and (2) by the fair market price rates prescribed by Presidential Decree within the extent stipulated as follows, considering the trend of the real estate market, regional financial conditions and other relevant matters:
1. Land and buildings: From 50/100 to 90/100 of the statutory standard prices;
2. Housing: From 40/100 to 80/100 of the statutory standard prices.
(2) The tax base for property tax on ships and aircraft shall be the statutory standard prices under Article 4 (2).
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 Article 111 (Tax Rates)   print
(1) The amount of property tax shall be calculated by applying the following standards tax rates to the tax bases under Article 110: <Amended by Act No. 10416, Dec. 27, 2010>
1. Land:
(a) Objects of general aggregate taxation:
(b) Objects of special aggregate taxation:
(c) Objects of separate taxation:
(i) Field, rice field, orchard and stock farm site and forest: 0.7/ 1000 of the tax base;
(ii) A golf course and land for a high-class recreation center: 40/1000of the tax base;
(iii) Any other land: 2/1000 of the tax base;
2. Buildings:
(a) A golf course and a building for a high-class recreation center referred to in Article 13 (5) (the latter part of the part other than each subparagraph of the same paragraph shall not apply): 40/1000 of the tax base;
(b) A residential area designated pursuant to the National Land Planning and Utilization Act and other relevant Acts and subordinate statutes within the Special Metropolitan City, Metropolitan Cities (excluding Gun areas), and Sis (excluding Eup and Myeon areas), and the buildings for factories prescribed by Presidential Decree within the area designated by the municipal ordinance of the relevant local government: 5/1000 of the tax base;
(c) Any other building: 2.5/1000 of the tax base;
3. Housing:
(a) A villa referred to in Article 13 (5) 1: 40/1000 of the tax base;
(b) Any other housing:
4. Ships:
(a) High-class ships referred to in Article 13 (5) 5: 50/1000 of the tax base;
(b) Any other ship: 3/1000 of the tax base;
5. Aircraft: 3/1000 of the tax base.
(2) Where a building is a newly-built factory or extended factory prescribed by Ordinance of the Ministry of Security and Public Administration in the over-concentration control region referred to in Article 6 of the Seoul Metropolitan Area Readjustment Planning Act (excluding the industrial complexes and promotional zones under the Industrial Cluster Development and Factory Establishment Act and the industrial areas subject to the National Land Planning and Utilization Act), the tax rate of property tax on such building shall be 500/100 of the tax rate referred to in paragraph (1) 2 (c) for five years from the first tax base date. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the head of a local government deems it inevitable to adjust the rates of property tax due to special financial demand or the occurrence of a disaster, etc., he/she may increase or decrease them within the extent of 50/100 of the standard tax rates under paragraph (1), as stipulated by the relevant municipal ordinance: Provided, That the increased or decreased tax rate shall apply only in the year concerned.
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 Article 112 (Property Tax on Urban Areas)   print
(1) The head of a local government may impose an amount of tax calculated by adding the amount of tax under subparagraph 1 to that under subparagraph 2 as the amount of property tax on land, a building or housing unit (hereafter referred to as "land, etc." in this Article) prescribed by Presidential Decree in an area publicly announced following a resolution by the relevant local council (hereafter referred to as "area subject to application of property tax on urban areas" in this Article), among urban areas under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act, as stipulated by the relevant municipal ordinance: <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
1. An amount of tax calculated by applying a tax rate under Article 111 to the tax base under Article 110;
2. An amount of tax calculated by applying 1.4/1000 to the tax base on land, etc. under Article 110.
(2) The head of a local government may separately set a tax rate under paragraph (1) 2 for the year concerned within the extent not exceeding 2.3/1000, as stipulated by the relevant municipal ordinance.
(3) Notwithstanding paragraph (1), land for public facilities, the topographic maps of which is publicly announced pursuant to the National Land Planning and Utilization Act, from among any land in an area subject to application of property tax for urban areas, or any land on which a ground structure, golf course, recreation park or other user facilities do not exist, from among land designated as a development restricted zone, shall be excluded from objects of taxation under paragraph (1) 2. <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
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 Article 113 (Application of Tax Rates)   print
(1) The tax rates of property tax on land shall apply as stipulated in the following:
1. Objects of general aggregate taxation: Apply the tax rate under Article 111 (1) 1 (a) to the tax base which is the aggregate of the prices of land owned by a person liable to pay tax which is located within the jurisdiction of the relevant local government and which is subject to general aggregate taxation;
2. Objects of special aggregate taxation: Apply the tax rate under Article 111 (1) 1 (b) to the tax base which is the amount adding up the prices of the land owned by a person liable to pay tax which is located within the jurisdiction of the relevant local government and which is subject to special aggregate taxation;
3. Objects of separate taxation: Apply the tax rate under Article 111 (1) 1 (c) to the tax base which is the prices of the relevant land subject to separate taxation.
(2) The tax rates stipulated under Article 111 (1) 3 shall apply to property tax on housing by housing. In such cases, necessary matters concerning the standards for classification of housing and other relevant matters shall be prescribed by Presidential Decree.
(3) Where the housing is co-owned by two or more persons, or the owner of land is different from that of the building, the tax rates under Article 111 (1) 3 shall apply to the tax base adding up the prices of land and the building concerned, in applying the tax rates to the relevant housing.
(4) Where two or more tax rates are applicable to the same property, the higher thereof shall apply thereto.
(5) Where two or more Sis or Guns are integrated pursuant to Article 4 (1) of the Local Autonomy Act, paragraph (1) 1 and 2 may apply to areas under the jurisdiction of each Si or Gun before such integration for up to five years, as prescribed by municipal ordinance of the integrated local government. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
SECTION 3 Imposition and Collection
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 Article 114 (Tax Base Date)   print
The tax base date of property tax shall be the 1st day of June each year.
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 Article 115 (Payment Period)   print
(1) The period for payment of property tax shall be as follows: <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
1. Land: From 16th to 30th day of September each year;
2. Building: From 16th to 31st day of July each year;
3. Housing: The payment period of a half of the amount of tax to be imposed and collected in the relevant year shall be from 16th to 31st day of July each year, and the remaining one half from 16th to 30th day of September each year: Provided, That where the amount of tax to be imposed in the relevant year is not more than 100,000 won, the amount of tax may be imposed and collected at the same time during the payment period from 16th to 31st day of July, as stipulated by the relevant municipal ordinance:
4. Ships: From 16th to 31st day of July each year;
5. Aircraft: From 16th to 31st day of July each year.
(2) Notwithstanding paragraph (1), where reasons for changing an already-imposed amount of tax or occasional imposition of the tax occur due to omission of objects of taxation, illegality, error or other grounds, the head of a local government may occasionally impose and collect the tax.
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 Article 116 (Methods, etc. of Collection)   print
(1) Property tax shall be calculated by the head of the competent local government, and imposed and collected by means of ordinary collection.
(2) Where the head of the competent local government intends to collect property tax, he/she shall issue a tax payment notice stating the tax base and amount of tax as classified into land, building, housing, ship and aircraft by five days prior to the commencement of the payment period at the latest.
(3) Necessary matters concerning the general aggregating method, special aggregating method by objects of taxation of property tax, calculation of the amount of tax, and other imposition procedures, methods of collection, etc. shall be prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 117 (Payment in Kind)   print
Where an amount of property tax to be paid exceeds ten million won, the head of a local government may, on the application of a person liable for tax payment, permit him/her to pay in kind only for the real estate located in the jurisdiction of the local government, as prescribed by Presidential Decree.
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 Article 118 (Payment in Installments)   print
Where an amount of property tax to be paid exceeds five million won, the head of a local government may permit part of the amount of such tax to be paid in installments within 45 days from the date on which the payment due date falls, as prescribed by Presidential Decree.
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 Article 119 (Non-Collection of Small Amount)   print
Property tax shall not be collected where the amount of property tax to be collected per payment notice is less than 2,000 won.
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 Article 120 (Duty to Report)   print
(1) Any of the following persons shall report to the head of the local government having jurisdiction over the location of property within ten days from the tax base date, along with evidential material substantiating the relevant fact:
1. Where the reasons for changes in the ownership of the property or for changes in the property subject to taxation have occurred, but where the registration thereof is not made by the tax base date, the owner of the property on the public register;
2. Where the inheritance registration of the property for which the inheritance has commenced is not made: The principal heir under Article 107 (2) 2;
3. The owner on the public register of the property actually owned by a clan, but registered in the name of an individual on the public register;
4. The trustee of the trust property registered in the name of the trustee under the Trust Act.
(2) Reporting procedures and methods under paragraph (1) shall be prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a report filed under paragraph (1) is incorrect, or no report is filed, the head of a local government may conduct an ex officio investigation and register the outcome of such investigation in the tax ledger.
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 Article 121 (Keeping Property Tax Ledgers, etc.)   print
(1) Local governments shall keep a property tax ledger and enter necessary matters therein.
(2) The property tax ledger shall be prepared by being classified into the tax ledger of land, buildings, housing, ships and aircraft.
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 Article 122 (Ceiling of Tax Burden)   print
Where the amount of property tax calculated on the property concerned (referring to the amount of each tax set forth in subparagraphs of Article 112 (1) and in Article 112 (2)) exceeds 150/100 of the amount equivalent to the property tax on the property concerned in the immediately preceding year as calculated according to the method prescribed by Presidential Decree, the amount equivalent to 150/100 shall be the amount to be collected in the year concerned: Provided, That in cases of a house, the amount calculated pursuant to the following subparagraphs shall be the amount to be collected in the year concerned: <Amended by Act No. 11137, Dec. 31, 2011>
1. In cases of a house, the officially announced housing price under Article 4 (1) (hereafter referred to as "officially announced house price" in this Article), or the price of which calculated by the head of a Si/Gun is not more than 300 million won: An amount equivalent to 105/100 where the amount of property tax calculated on the house concerned exceeds 105/100 of the amount equivalent to the property tax on the house concerned in the immediately preceding year;
2. In cases of a house, the officially announced housing price, or the price of which calculated by the head of a Si/Gun exceeds 300 million won, but is not more than 600 million won: An amount equivalent to 110/100 where the amount of property tax calculated on the house concerned exceeds 110/100 of the amount equivalent to the property tax on the house concerned in the immediately preceding year;
3. In cases of a house, the officially announced housing price, or the price of which calculated by the head of a Si/Gun exceeds 600 million won: An amount equivalent to 130/100 where the amount of property tax concerned on the house concerned exceeds 130/100 of the amount equivalent to the property tax on the relevant house in the immediately preceding year.
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 Article 123 (Establishment, etc. of Organization Dedicated to Management of Real Estate Information)   print
(1) An organization dedicated to the management of real estate information shall be established under the Ministry of Land, Infrastructure and Transport in order to collect, process and provide the data on taxation of property tax required for the taxation of global real estate tax, and other basic data for taxation, etc. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Necessary matters concerning the organization and operation of the organization dedicated to the management of real estate information under paragraph (1), notification of data by the organization and other matters shall be prescribed by Presidential Decree.
(3) To reform property tax, the Minister of Security and Public Administration may request a related central administrative agency or local government to submit taxation data related to property tax or global real estate tax and data related to real estate. <Newly Inserted by Act No. 10416, Dec. 27, 2010; Act No. 11690, Mar. 23, 2013>
(4) The head of a related central administrative agency or local government, in receipt of the request to submit data under paragraph (3), shall comply therewith unless extraordinary circumstances exist. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
CHAPTER X AUTOMOBILE TAX
SECTION 1 Automobile Tax on Possession of Automobile
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 Article 124 (Definition of Automobile)   print
The term "automobile" in this Section means a vehicle registered or reported under the Motor Vehicle Management Act, and construction machinery similar to the vehicle and prescribed by Presidential Decree, registered under the Construction Machinery Management Act.
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 Article 125 (Persons Liable to Pay Tax)   print
(1) The automobile tax on the possessions of an automobile (hereafter referred to as "automobile tax" in this Section) shall be imposed on a person who possesses an automobile registered or reported in the jurisdiction of a local government.
(2) Where the inheritance of an automobile has commenced as of the tax base date, but the transfer of the ownership of such automobile has yet to be registered in the name of the de facto owner, the automobile tax thereon shall be paid according to the following order:
1. A person who holds the largest inheritance share under the Civil Act;
2. The oldest person.
(3) With respect to any automobile, the purchase price of which is paid after being sold by a public auction as of the tax base date, but the transfer of the ownership of such automobile has yet to be registered in the name of the purchaser, the purchaser shall be liable to pay automobile tax.
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 Article 126 (Non-Taxation)   print
No automobile tax shall be imposed on a person who owns any of the following automobiles:
1. Automobile provided by the State or a local government for the purpose of national defense, convoy, security, traffic patrol, or fire fighting;
2. Automobile provided by the State or a local government for the purpose of transporting patients, cleaning, garbage removal, or road construction;
3. Other automobiles prescribed by Presidential Decree, such as automobiles used by foreign diplomatic agencies in Korea.
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 Article 127 (Tax Bases and Tax Rates)   print
(1) The standard tax rates of automobile tax shall be classified as follows: <Amended by Act No. 11110, Dec. 2, 2011>
1. Passenger automobiles:
The amount of tax calculated by multiplying engine displacement by the amount of tax per cubic centimeter (cc) according to the following table shall be the annual amount of tax per automobile:
2. Among passenger automobiles for non-business use under subparagraph 1, for an automobile, the age of which prescribed by Presidential Decree (hereafter referred to as "age of automobile" in this subparagraph) is not less than three years, notwithstanding subparagraph 1, the sum of the first term portion (January to June) and the second term portion (July to December) of the automobile tax calculated according to the following formula shall be the annual amount of tax of the automobile. In such cases, for an automobile, the age of which exceeds 12 years, its age shall be deemed 12 years:
3. Any other passenger automobile:
4. Automobiles:
5. Freight automobiles:
6. Special automobiles:
The following amount of tax shall be the annual amount of tax per automobile:
7. Compact automobiles with three or less wheels:
The following amount of tax shall be the annual amount of tax per automobile:
(2) Necessary matters concerning the classification, etc. of automobiles provided for in each subparagraph of paragraph (1) into those for business and those not for business and of kinds shall be prescribed by Presidential Decree.
(3) Notwithstanding paragraph (1), the head of a local government may raise the rate of automobile tax within 50/100 of the standard tax rates under paragraph (1), as stipulated by the relevant municipal ordinance in consideration of the engine displacement, etc. of automobiles.
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 Article 128 (Payment Period and Methods of Collection)   print
(1) The amount of tax divided into one half of the annual amount of tax of automobile tax per automobile (the amount of tax of each period portion calculated pursuant to Article 127 (1) 2 in cases of non-business passenger automobiles) shall be collected from an owner of automobile by the local government having jurisdiction over its seat as of the 1st day of the month in which the payment period falls, within the following periods: Provided, That if a person liable to pay tax applies for the payment of the annual amount of tax in quarterly installments (one half of the amount of tax of each period portion in cases of non-business passenger automobiles), one half of the amount of tax for the first quarter and one half of the amount of tax for the second quarter may be collected from March 16 to March 31 and from September 16 to September 30, respectively. In such cases, the amount of tax to be collected by the local government within each payment period shall be the amount remaining after deducting the amount of tax already collected in installments:
(2) The head of a local government shall issue a tax payment notice by five days prior to the commencement of tax payment period at the latest, in every tax payment period under paragraph (1): Provided, That in any of the following cases, the head of a local government may occasionally impose automobile tax, notwithstanding paragraph (1):
1. Where an automobile is newly registered or the registration of any automobile is cancelled;
2. Where an automobile subject to taxation becomes subject to non-taxation or tax reduction and exemption, or an automobile subject to non-taxation or tax reduction and exemption becomes subject to taxation;
3. Where an automobile for business use becomes one for non-business use, or an automobile for non-business use becomes one for business use;
4. Where automobile tax is imposed and collected after being computed on a daily basis as any automobile is acquired by succession.
(3) Notwithstanding paragraphs (1) and (2), if a person liable to pay tax intends to pay the annual amount of tax in a lump sum, he/she may file a return and pay the amount after deducting 10 percent of the annual amount of tax (referring to the amount of tax for the period after the deadline for payment in a lump sum) as the annual amount of tax within the following periods, as prescribed by Presidential Decree: <Amended by Act No. 11617, Jan. 1, 2013>
1. Where the person files a return on and pays it in January: From January 16 to January 31;
2. Where the person files a return on and pays it during the payment period of the first term portion: From June 16 to June 30;
3. Where the person files a return on and pays it during the period of installment payment under the proviso to paragraph (1): From March 16 to March 31 or from September 16 to September 31.
(4) Notwithstanding paragraphs (1) and (2), where the annual amount of automobile tax does not exceed 100,000 won, it may be imposed and collected in full at the time the portion for the first term is imposed. In such cases, the amount remaining after deducting 10/100 of the amount of tax for the second term shall be the annual amount of tax.
(5) Where a person registers the transfer of a car or cancels the registration of a car, notwithstanding paragraphs (1) and (2), the transferor or the person cancelling registration may file a return and pay the amount of tax for the relevant term in daily installments on the date of registration based on the date of registration of transfer or the date of cancellation of registration, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11617, Jan. 1, 2013>
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 Article 129 (Tax Payment Liability for Acquisition by Succession)   print
Where a person who has acquired an automobile by succession through purchase and sale, donation, etc. files the registration of the ownership transfer of the automobile during the taxation period under Article 128 (1), automobile tax shall be imposed on and collected from the transferor and the transferee according to the period of possession after calculating automobile tax on a daily basis, notwithstanding the same paragraph.
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 Article 130 (Calculation of Amount of Tax Imposed Occasionally)   print
(1) Where an automobile is newly registered or the registration of an automobile is cancelled, a local government shall respectively collect the amount of automobile tax for the term in which the date of acquisition or the date of disuse falls calculated on a daily basis as prescribed by Presidential Decree.
(2) Where an automobile subject to taxation becomes subject to non-taxation or tax reduction or exemption, or an automobile subject to non-taxation or tax reduction or exemption becomes subject to taxation and any automobile for business use becomes one for non-business use, or any automobile for non-business use becomes one for business use, the amount of tax calculated on a daily basis, as prescribed by Presidential Decree, shall be collected as the amount of automobile tax of the portion for the relevant term.
(3) Where automobile tax is calculated on a daily basis according to the period of possession under Article 129, an amount calculated on a daily basis, as prescribed by Presidential Decree, based on the date on which the transfer of ownership is registered shall be collected: Provided, That if the transferor or transferee requests calculation on a daily basis, attaching documents verifying the fact of a change in the ownership to the application prescribed by Ordinance of the Ministry of Security and Public Administration, automobile tax shall be calculated on a daily basis based on the date of transfer verified by the documents, and if the annual amount of tax is paid in a lump sum and the transferor consents thereto, the payment shall be deemed made by the transferee. <Amended by Act No. 11690, Mar. 23, 2013>
(4) No automobile tax shall be collected where the amount of tax calculated pursuant to paragraphs (1) through (3) is less than 2,000 won.
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 Article 131 (Recovery, etc. of Automobile Registration Certificates)   print
(1) Where a person fails to fulfill his/her duty to pay automobile tax, the head of a Si/Gun shall request the Do Governor, Special Metropolitan City Mayor, or Metropolitan City Mayor (hereinafter referred to as "Do Governor") not to issue the registration certificate of the relevant automobile, or to withdraw the issued automobile registration certificate, and to retain the registration number plate of the relevant automobile in custody, as prescribed by Presidential Decree: Provided, That if the automobile registration affairs are delegated to the head of a Si/Gun, the head of a Si/Gun may choose not to issue the automobile registration certificate, or may withdraw the issued automobile registration certificate, and retain the registration number plate of the relevant automobile in custody.
(2) When the head of a Si/Gun makes a request under paragraph (1), a Do Governor shall comply therewith.
(3) Necessary matters concerning the withdrawal procedures of an automobile registration certificate and the method of retaining the registration number plate of an automobile in custody and other relevant matters shall be prescribed by Presidential Decree.
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 Article 132 (Presentation of Tax Payment Certificate, etc.)   print
A person who intends to obtain the registration of transfer under Article 12 of the Motor Vehicle Management Act and a person who intends to file a report on change (only applicable to a report on change due to the transfer of the ownership of construction machinery) under Article 5 of the Construction Machinery Management Act shall submit or produce the payment certificate of automobile tax, such as the receipt, etc. of automobile tax to the relevant registry: Provided, That this shall not apply where it is possible to verify the payment of automobile tax through the joint use of administrative information pursuant to Article 36 (1) of the Electronic Government Act.
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 Article 133 (Disposition for Arrears)   print
Where impositions by a local government on automobiles stipulated under Articles 127 through 130 are not paid or the paid amount falls short of the impositions, the disposition for arrears may be promptly taken to the relevant automobile without taking a demanding procedure.
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 Article 134 (Exclusion of Tax Exemption Provisions)   print
Provisions concerning tax exemption provided for in other Acts, except the Restriction of Special Local Taxation Act shall not apply to impositions by a local government on automobile tax.
SECTION 2 Automobile Tax on Driving of Automobiles
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 Article 135 (Persons Liable to Pay Tax)   print
Automobile tax on driving an automobile (hereafter referred to as "automobile tax" in this Section) shall be imposed on a person liable to pay traffic, energy and environment tax (referring to any person liable to pay tax under Article 3 of the Traffic, Energy and Environment Tax Act) on gasoline, diesel and alternative fuel similar thereto (hereafter referred to as "taxable goods" in this Section) by a local government having jurisdiction over the place to pay automobile tax on non-business passenger automobiles pursuant to Section 1 of this Chapter.
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 Article 136 (Tax Rates)   print
(1) The rate of automobile tax shall be 360/1000 of the amount of traffic, energy and environment tax on taxable goods.
(2) The tax rate under paragraph (1) may be adjusted by increasing or decreasing it, as prescribed by Presidential Decree, within the extent of 30/100 of the relevant tax rate, if necessary, to reflect changes, etc. in traffic, energy and environment tax rate.
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 Article 137 (Tax Returns, Payment, etc.)   print
(1) A person liable to pay automobile tax shall file a return on and pay the tax base and the amount of automobile tax to the head of a local government having jurisdiction over the place to pay traffic, energy and environment tax by the payment due date of traffic, energy and environment tax on taxable goods under Article 8 of the Traffic, Energy and Environment Tax Act, as prescribed by Presidential Decree. In such cases, the head of a local government having jurisdiction over the place to pay traffic, energy and environment tax shall become a person responsible for special collection of automobile tax to be imposed by each local government.
(2) Where a person liable to pay tax fails to fulfill his/her duty to file a return or pay tax under paragraph (1), the relevant person liable for special collection shall collect the amount by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the amount of tax calculated pursuant to Article 136 or to the insufficient amount of tax as the amount of tax by means of ordinary collection: <Amended by Act No. 11617, Jan. 1, 2013>
1. and 2 Deleted. <by Act No. 11617, Jan. 1, 2013>
(3) A person responsible for special collection shall pay the collected automobile tax (including interest thereon) to each local government by the 25th day of the following month according to the proportional distribution standards and methods prescribed by Presidential Decree, in consideration of the amount of automobile tax collected by local government under Section 1 of this Chapter, and other relevant matters. In such cases, the person responsible for special collection may deduct expenses, etc. incurred in handling administrative affairs with respect to the collection and payment from the amount of tax to be paid to the relevant local government, as prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Even though a person liable for special collection under paragraph (1) fails to pay or insufficiently pays the amount of tax he/she has collected or is to collect by the deadline under paragraph (3), no additional tax under Article 53-5 of the Framework Act on Local Taxes shall be imposed on the person liable for special collection. <Newly Inserted by Act No. 11617, Jan. 1, 2013>
(5) A person who intends to take out any taxable goods before an import declaration is received pursuant to the Customs Act shall provide a person responsible for special collection with security equivalent to the relevant amount of automobile tax. <Amended by Act No. 11617, Jan. 1, 2013>
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 Article 138 (Special Cases concerning Raising Objections, etc.)   print
(1) Where a person intends to raise an objection, etc. against the imposition or collection of automobile tax, a person responsible for special collection under Article 137 shall be deemed the relevant disposition agency.
(2) Where a local tax refund of automobile tax is made, a person responsible for special collection shall refund the relevant amount, and deduct the such amount from the amount of tax to be paid to the relevant local government.
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 Article 139 (Application Mutatis Mutandis of the Traffic, Energy and Environment Tax Act)   print
The Traffic, Energy and Environment Tax Act shall apply mutatis mutandis to matters not provided for in this Section with respect to the imposition and collection of automobile tax. In such cases, the head of a tax office or the head of a customs office under the Traffic, Energy and Environment Tax Act shall be deemed a person responsible for special collection under Article 137 (1).
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 Article 140 (Notification of Amount of Tax)   print
Where the head of a tax office or the head of a customs office has determined and corrected an amount of traffic, energy and environment tax, or has received a return or payment thereof, he/she shall notify the head of a local government having jurisdiction over the place to pay traffic, energy and environment tax of such amount of tax by the end of the following month, as prescribed by Presidential Decree.
CHAPTER XI LOCAL RESOURCE AND FACILITY TAX
SECTION 1 Common Provisions
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 Article 141 (Purposes)   print
Local resource and facility tax may be imposed in order to secure financial resources required for the protection and development of local resources, such as underground and marine resources, tourism resources, water resources, special topography, etc., the safety management projects, such as the prevention of specific disasters of a region, projects of environment protection and improvement, and other projects of balanced local development, or to appropriate expenses incurred for fire-fighting facilities, garbage disposal facilities, irrigation facilities or any other public facilities. <Amended by Act No. 10416, Dec. 27, 2010>
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 Article 142 (Objects of Taxation)   print
(1) Objects of taxation of local resource and facility tax are as follows: <Amended by Act No. 10469, Mar. 29, 2011>
1. Water used for power generation (excluding water for pump-driven electric power station), underground water (including spring water; hereinafter the same shall apply), underground resources, containers using wharves where containers are handled, and nuclear power generation and thermal power generation (hereafter referred to as "specific resources" in this Chapter), which are prescribed by Presidential Decree;
2. Fire-fighting facilities, garbage disposal facilities, irrigation facilities, or a building, ship and land of a person who benefits from any other public facilities (hereafter referred to as "specific real estate" in this Chapter).
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 Article 143 (Persons Liable to Pay Tax)   print
A person liable to pay local resource and facility tax shall be as follows: <Amended by Act No. 10469, Mar. 29, 2011>
1. Water used for power generation: A person who directly produces hydroelectric power (excluding pump-driven generation of power) using flowing water;
2. Underground water: A person who pumps up underground water to use it, such as exploiting the underground water to manufacture and sell it as portable water, or to utilize it as bathing water;
3. Underground resources: A person who mines underground resources;
4. Container: A person who causes containers to enter or depart from ports using wharves where containers are handled;
5. Nuclear power generation: A person who generates power by harnessing the nuclear power;
6. Thermal power generation: A person who generates power by harnessing fossil fuel including coal, oil and natural gas;
7. Specific real estate: An owner of the special real estate.
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 Article 144 (Places for Tax Payment)   print
Local resource and facility tax shall be imposed by a local government having jurisdiction over the place for tax payment stipulated as follows: <Amended by Act No. 10469, Mar. 29, 2011>
1. Specific resources:
(a) Water used for power generation: The location of the electric power station;
(b) Underground water: The location of the water-pumping hole;
(c) Underground resources: The location of the land for which the mining right is registered: Provided, That where such land extends over the boundaries of two or more local governments, local resource and facility tax shall be divided in proportion to the area of such land;
(d) Containers: The location of the wharf where containers handled;
(e) Nuclear power generation: The location of the relevant nuclear power station;
(f) Thermal power generation: The location of the relevant thermal power station.
2. Specific real estate:
(a) Buildings: The location of the relevant building;
(b) Ships: The location of the port of registry under the Ship Act: Provided, That where no port of registry exists, it refers to the location of the regular mooring place (where the regular mooring place is not fixed, the domicile of the ship owner);
(c) Land: The location of the relevant land.
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 Article 145 (Non-Taxation)   print
(1) Where any of the following cases arises, no local resource and facility tax on specific resources shall be imposed:
1. Special resources directly exploited and used by the State, a local government or a local government association;
2. Special resources provided to the State, a local government or a local government association for no consideration.
(2) No local resource and facility tax shall be imposed on specific real estate (only applicable to buildings and ships) exempt from property tax pursuant to Article 109.
SECTION 2 Tax Base and Tax Rate
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 Article 146 (Tax Bases and Tax Rates)   print
(1) The tax bases and standard tax rates of local resource and facility tax on specific resources shall be as follows: <Amended by Act No. 10469, Mar. 29, 2011>
1. Water used for power generation: Two won per ten cubic meters of water used for power generation;
2. Underground water:
(a) Water pumped to sell as potable water: 200 won per cubic meter;
(b) Hot spring water pumped to use as bathing water: 100 won per cubic meter;
(c) Water, other than hot spring water, pumped to use for any purpose, other than those referred to in items (a) and (b), or to use as bathing water: 20 won per cubic meter;
3. Underground resources: 5/1000 of the value of mined minerals;
4. Container: 15,000 won per 1 TEU of container;
5. Nuclear power generation: 0.5 won per kilowatt-hour (kWh) of power generation.
6. Thermal power generation: 0.15 won per kilowatt-hour (kWh) of power generation.
(2) The tax bases and tax rates of local resource and facility tax on specific real estate shall be stipulated as follows: <Amended by Act No. 10416, Dec. 27, 2010>
1. The amount of local resource and facility tax appropriated for fire-fighting facilities shall be calculated by applying the following appropriate standard tax rate to the tax base which is the value or the statutory standard price of the relevant building (including the building portion of housing; hereafter the same shall apply in this Chapter) or the relevant ship (excluding a local government with no fireboat):
2. The amount of local resource and facility tax on fire-hazardous buildings prescribed by Presidential Decree, such as oil reservoirs, gasoline stations, oil refineries, department stores, hotels, amusement centers, theaters, and buildings with four or more stories, etc. shall be 200/100 of the amount calculated pursuant to subparagraph 1;
3. Local resource and facility tax appropriated for garbage disposal facilities, irrigation facilities or other public facilities shall be imposed according to the tax base which is the value of all or part of the relevant land and buildings, and the standard tax rate shall be 2.3/10,000 of the value of the land or building.
(3) The scope of the land, building or ship under paragraph (2) shall be such land, building and ship as provided for in subparagraphs 1 through 3 and 5 of Article 104, and the appropriate tax base shall be the value or the statutory standard price under Article 110: Provided, That the tax base of the building portion of the housing shall be the value calculated by multiplying the value calculated by the head of a local government applying mutatis mutandis Article 4 (2) by the fair market price rate under Article 110 (1) 2. <Amended by Act No. 10416, Dec. 27, 2010>
(4) The head of a local government may increase or decrease the tax rates of local resource and facility tax by up to 50/100 of the standard tax rates under paragraphs (1) and (2), as stipulated by the relevant municipal ordinance: Provided, That this shall not apply to the tax rate under paragraph (1) 5 and 6. <Amended by Act No. 10469, Mar. 29, 2011>
SECTION 3 Imposition and Collection
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 Article 147 (Imposition and Collection)   print
(1) The payment period and method of collection of local resource and facility tax on specific resources shall be stipulated as follows: <Amended by Act No. 11617, Jan. 1, 2013>
1. Local resource and facility tax on specific resources shall be collected by means of a tax return and payment: Provided, That local resource and facility tax on underground water under Article 146 (1) 2 may be collected by means of ordinary collection, as stipulated by the relevant municipal ordinance;
2. Where a person liable to pay tax files a return on and pays the local resource and facility tax pursuant to the main sentence of paragraph (1), he/she shall file a return and pay the amount calculated pursuant to Article 146 (hereafter referred to as "calculated amount of tax" in this Article) to the head of a local government having jurisdiction over the place for tax payment, as stipulated by the relevant municipal ordinance;
3. Where a person liable to pay tax fails to fulfill his/her duty to file a return or pay tax under subparagraph 2, the head of a local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Articles 53-2 through 53-4 of the Framework Act on Local Taxes to the calculated amount of tax or to the insufficient amount of tax from him/her as the amount of tax by means of ordinary collection:
(a) and (b) Deleted. <by Act No. 11617, Jan. 1, 2013>
(2) Articles 114, 115, 116 and 122 (limited to the main sentence other than each subparagraph of Article 122) concerning property tax shall apply mutatis mutandis to local resource and facility tax on specific real estate. <Amended by Act No. 10416, Dec. 27, 2010>
(3) Necessary matters concerning regions to impose local resource and facility tax, and imposition and collection thereof shall be as stipulated by the relevant municipal ordinance.
(4) In cases under paragraph (3), any municipal ordinance stipulating matters concerning the imposition and collection of local resource and facility tax on containers may include matters concerning the designation, etc. of the person responsible for special collection.
(5) Local resource and facility tax on specific real estate shall be imposed by indicating the items of relevant facilities.
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 Article 148 (Non-Collection of Small Amount)   print
Local resource and facility tax shall not be collected where the amount of tax to be collected per payment notice is less than 2,000 won.
CHAPTER XII LOCAL EDUCATION TAX
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 Article 149 (Purpose)   print
Local education tax shall be imposed in order to secure financial resources required for local education finance necessary for improving the quality of local education.
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 Article 150 (Persons Liable to Pay Tax)   print
A person liable to pay local education tax shall be as follows: <Amended by Act No. 10416, Dec. 27, 2010>
1. A person liable to pay acquisition tax on the acquisition of real estate, mechanical equipment (excluding an automobile falling under Article 124), aircraft and ships;
2. A person liable to pay registration and license tax on registration (excluding registration and license tax on an automobile falling under Article 124);
3. A person liable to pay leisure tax;
4. A person liable to pay tobacco consumption tax;
5. A person liable to pay a per capita portion of resident tax;
6. A person liable to pay property tax (excluding the amount of property tax under Article 112 (1) 2 and (2));
7. A person liable to pay automobile tax on a non-business passenger automobile under Article 127 (1) 1 or 3 [excluding the State, a local government, and educational foundation which manages a school pursuant to the Elementary and Secondary Education Act (limited to automobiles directly used for the proper business)].
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 Article 151 (Tax Bases and Tax Rates)   print
(1) The amount of local education tax shall be calculated as stipulated in the following: <Amended by Act No. 10416, Dec. 27, 2010; Act No. 11617, Jan. 1, 2013>
1. With respect to acquired articles (excluding cases falling under Article 15 (2)): 20/100 of the amount calculated by applying the tax rates derived by subtracting 20/1000 of the tax rates stipulated under Articles 11 (1) and 12 (referring to the separated determined tax rate by the relevant municipal ordinance pursuant to Article 14, if any; hereinafter the same shall apply) from the said tax rates to the tax base under Article 10: Provided, That where any of the following cases arises, the amount of tax shall be stipulated as follows:
(a) Cases falling under Article 13 (2), (3), (6) or (7): 300/100 of the amount of local education tax calculated according to the method of computation under the main sentence other than each item of this subparagraph;
(b) Where acquisition tax is reduced or exempted pursuant to the Restriction of Special Local Taxation Act, the Restriction of Special Taxation Act and municipal ordinance on Local Tax Reduction or Exemption (hereinafter referred to as "Acts or subordinate statutes on local tax reduction or exemption"):
(i) Where Acts or subordinate statutes on local tax reduction or exemption stipulates the reduction or exemption rate of local resource and facility tax: An amount remaining after reducing or exempting the amount of local education tax calculated according to the method of computation under the main sentence of this subparagraph at the relevant rate of reduction and exemption of acquisition tax;
(ii) Where Acts or subordinate statutes on local tax reduction or exemption stipulates the rates of acquisition tax different from those rates stipulated in this Act: An amount of local education tax calculated according to the method of computation under the main sentence other than each item of this subparagraph, notwithstanding the relevant rate of acquisition tax: Provided, That where the tax rate is determined to be 20/1000, it shall be excluded from the objects of taxation;
(c) Where items (a) and (b) are concurrently applied: An amount obtained by adding each amount of tax calculated by applying items (a) and (b);
2. 20/100 of the amount of registration and license tax on registration to be paid under this Act and Acts and subordinate statutes on local tax reduction and exemption;
3. 40/100 of the amount of leisure tax to be paid under this Act and Acts and subordinate statutes on local tax reduction and exemption;
4. 50/100 of the amount of tobacco consumption tax to be paid under this Act and Acts and subordinate statutes on local tax reduction and exemption;
5. 10/100 of the amount of per capita portion of resident tax to be paid under this Act and Acts and subordinate statutes on local tax reduction and exemption: Provided, That 25/100 in cases of a Si with a population of 500,000 or more;
6. 20/100 of the amount of property tax (excluding the amount of property tax under Article 112 (1) 2 and paragraph (2) of the same Article) to be paid under this Act and Acts and subordinate statutes on local tax reduction and exemption;
7. 30/100 of the amount of automobile tax to be paid under this Act and Acts and subordinate statutes on local tax reduction and exemption.
(2) The head of a local government may increase or decrease the rate of local education tax within 50/100 of the standard tax rates under paragraph (1) (excluding subparagraph 3 of the same paragraph), as stipulated by municipal ordinance of the relevant local government, where necessary for raising funds to invest in local education.
(3) In applying paragraph (1) 5 to a Si combined with functions of rural and urban communities, "Si with a population of 500,000 or more" means a Dong area with a population of 500,000 or more, and the tax rate applicable to Eup/Myeon areas within such city shall be 10/100.
(4) In applying paragraph (1) 5, where two or more Sis or Guns are integrated pursuant to Article 4 (1) of the Local Autonomy Act and become a local government corresponding to a Si whose population is not less than 500,000, the tax rate before such integration may apply for up to five years, as prescribed by municipal ordinance of relevant local government. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
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 Article 152 (Tax Returns, Payment, Imposition and Collection)   print
(1) When a person liable to pay local education tax files a return on and pay acquisition tax, registration and license tax on registration, leisure tax or tobacco consumption tax under this Act, he/she shall also file a return and pay local education tax thereon. In such cases, where the head of a local government having jurisdiction over the location of the main office of a person (limited to manufacturers or import distributors) liable to pay tobacco consumption tax requests the provision of security pursuant to Article 64 (1), he/she may also request the provision of security for local education tax on a tobacco consumption tax portion.
(2) The head of a local government shall impose and collect the relevant local education tax when imposing and collecting per capita portion of resident tax, property tax, and automobile tax on persons liable to pay tax under this Act.
(3) Necessary matters concerning the imposition and collection of local education tax, including notice of tax payment, etc. shall be prescribed by Presidential Decree.
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 Article 153 (Additional Collection of Insufficient Amount of Taxes and Additional Taxes)   print
(1) Even though a person liable to file a local education tax return and pay tax pursuant to Article 152 (1) fails to fulfill his/her duty to file a return, the head of a local government shall not impose an additional tax under Article 53-2 or 53-3 of the Framework Act on Local Taxes on him/her.
(2) Where a person liable to file a local education tax return and pay tax pursuant to Article 152 (1) fails to fulfill his/her duty to pay tax, the head of a local government shall collect the amount calculated by adding the amount of additional tax calculated pursuant to Article 53-4 of the Framework Act on Local Taxes to the amount of tax calculated pursuant to Article 151 (1) or to the insufficient amount of tax from him/her as the amount of tax by means of ordinary collection.
[This Article Wholly Amended by Act No. 11617, Jan. 1, 2013]
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 Article 154 (Refund)   print
Local tax refunds on local education tax shall be refunded by the head of the relevant local government or a public official to whom his/her authority is delegated in the same manner as the amount of tax constituting the tax base for local education tax by each tax item is refunded.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Article 1-2 (Applicable Time Limit)
The amended provisions of Article 151 (1) 4 shall be effective until December 31, 2015.
[This Article Newly Inserted by Act No. 10416, Dec. 27, 2010]
Article 2 (General Applicability)
This Act shall begin applying with the first tax liability which arises after this Act enters into force.
Article 3 (Applicability concerning Timing of Establishing Secondary Tax Liability of Investors)
Cases where a person who was not an oligopolistic stockholder becomes an oligopolistic stockholder as at the time subparagraph 2 of Article 47 of the Framework Act on Local Taxes enters into force shall be subject to application of Article 7 (5) by deeming that the person acquires all stocks or shares of the relevant corporation held by the relevant oligopolistic stockholder on the date on which such person first acquires the stocks and shares of the corporation since January 1, 2008.
Article 4 (Special Cases concerning Taxation on Automobiles Classified as Passenger Automobiles from Previous Freight Automobiles)
(1) Notwithstanding the amended provisions of Articles 12 (1) 2 and 127 (1), the amount of acquisition tax and automobile tax following the possession of an automobile newly classified as a passenger automobile from a used-to-be freight automobile on or after January 1, 2006 according to classification standards of automobiles under the Motor Vehicle Management Act (excluding an automobile classified as a passenger automobile on or before December 31, 2005; hereafter the same shall apply in this Article) shall be that calculated by applying the tax rate for freight automobiles. <Amended by Act No. 10416, Dec. 27, 2010>
(2) Notwithstanding the amended provisions of subparagraph 7 of Article 150 and Article 151 (1) 7, no local education tax shall be imposed on an automobile newly classified as a passenger automobile from a freight automobile on or after January 1, 2006, according to classification standards of automobiles under the Motor Vehicle Management Act. <Newly Inserted by Act No. 10416, Dec. 27, 2010>
Article 5 (General Transitional Measures)
Local taxes imposed, reduced or exempted or to be imposed, reduced or exempted pursuant to the former provisions as at the time this Act enters into force shall be governed by the former provisions.
Article 6 (Transitional Measures concerning Registration Tax, etc.)
A person who acquired any object of taxation subject to acquisition tax stipulated in this Act prior this Act entering into force, and registers or records such object after this Act enters into force shall be liable to pay registration tax and local education tax pursuant to the former provisions.
Article 6-2 (Transitional Measures concerning Property Tax, etc.)
(1) When calculating the upper limit of tax burden of property tax in the year of 2011 pursuant to the amended provisions of Article 122, the amount of tax calculated under the amended provisions of Article 112 (1) 1 and the amount of tax calculated under the amended provisions of Article 112 (1) 2 and (2) shall be calculated separately; and the amended provisions of Article 122 shall apply to the amount of tax calculated under the amended provisions of Article 112 (1) 1 on the basis of the amount corresponding to the amount of property tax in the year of 2010 pursuant to the former Local Tax Act, and to the amount of tax calculated under the amended provisions of Article 112 (1) 2 and (2) on the basis of the amount corresponding to the amount of urban planning tax in the year of 2010 pursuant to the former Local Tax Act.
(2) An area publicly announced as an area on which urban planning tax is to be imposed pursuant to the former Local Tax Act before this Act enters into force shall be deemed publicly announced as an area subject to special case of taxation of property tax under the amended provisions of Article 112 (1).
[This Article Newly Inserted by Act No. 10416, Dec. 27, 2010]
Article 7 Omitted.
Article 8 (Relationship with other Acts and Subordinate Statutes)
A citation of the former Local Tax Act or any of the provisions thereof in other Acts and subordinate statutes as at the time this Act enters into force shall be deemed a citation of the corresponding provisions of this Act, if any, in lieu of the former provisions.
ADDENDA <Act No. 10416, Dec. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Article 2 (General Applicability)
This Act shall apply to the liability to pay tax first established after this Act enters into force.
Article 3 (Applicability concerning Exemption of Acquisition Tax due to Repair of Collective Housing)
The amended provisions of Article 9 (6) shall apply to the first acquisition after this Act enters into force.
Article 4 (Applicability concerning Acquisition due to Transfer of Shares to Dissolve Co-Ownership of Real Estate)
The amended provisions of Articles 11 (1) 5 and 15 (1) 4 shall apply to the first acquisition due to the transfer of shares after this Act enters into force.
Article 5 (Applicability concerning Heavy Taxation, etc. on Acquisition of Real Estate in Large Cities)
The amended provisions of Article 13 (2) through (4) and (7) shall apply to the first acquisition of real estate after this Act enters into force.
Article 6 (Applicability concerning Special Case of Tax Rate for Acquisition Tax)
(1) The amended provisions of Article 15 (2) 4 shall apply to the first importation after this Act enters into force.
(2) The amended provisions of Article 15 (2) 5 and 6 shall apply to the first acquisition of construction machinery, machinery equipment or vehicles after this Act enters into force.
Article 7 (Applicability concerning Payment of Acquisition Tax on Installment Basis)
The amended provisions of Article 20-2 shall apply to the first acquisition of a house, vehicle or machinery equipment by an individual after this Act enters into force.
Article 8 (Applicability concerning Registration and License Tax for Objects of Taxation of Acquisition Tax Owned by Foreigners)
The amended provisions of subparagraph 1 of Article 23 shall apply to the registration of objects of taxation of acquisition tax first imported after this Act enters into force.
Article 9 (Applicability concerning Tax Rates for Registration and License Tax)
(1) The amended provisions of Article 28 (1) 1 (b) shall apply to the first registration after this Act enters into force.
(2) The amended provisions of the proviso to Article 28 (1) 1 (c) (ⅰ) shall apply to the first registration of divided superficies after this Act enters into force.
(3) The amended provisions of Article 28 (1) 3 and 4 shall apply to the first registration of a vehicle or machinery equipment after this Act enters into force.
(4) The amended provisions of the proviso to the part other than the subparagraphs of Article 28 (2) and paragraph (3) shall apply to cases in which a corporation that has made registration under Article 28 (2) 1 and 2 shifts to a type of business, other than the type of business excluded from heavy taxation in large cities, or adds a type of business, other than the type of business excluded from heavy taxation in large cities after this Act enters into force.
Article 10 (Applicability concerning Taxation of Tobacco Consumption Tax on Electronic Tobacco)
The amended provisions of Articles 48 (2) 1 (e), 51 and 52 (1) 1 (e) shall apply to electronic tobacco first taken out of a manufacturing site or bonded area or brought into the Republic of Korea after this Act enters into force.
Article 11 (Applicability concerning Standard Tax Rate of Local Resource and Facility Tax Appropriated for Fire-Fighting Facilities)
The amended provisions of Article 146 (2) 1 shall apply to the first imposition and collection after this Act enters into force.
Article 12 (Special Case for Taxation of Registration and License Tax on Leasing of Automobile Newly Classified as Passenger Automobile from Freight Automobile)
Notwithstanding the amended provisions of Article 28 (1) 3 (a) (ⅰ), the amount of registration and license tax on the registration (excluding any registration made due to acquisition) of an automobile (excluding any automobile classified as a passenger automobile before December 31, 2005) newly classified as a passenger automobile from a freight automobile on or after January 1, 2006, according to classification standards of automobiles under the Motor Vehicle Management Act shall be the amount calculated by applying the tax rate for freight automobiles.
Article 13 (General Transitional Measures)
Any local tax that has been imposed or reduced or exempted, or to be imposed or reduced or exempted, pursuant to the former Local Tax (referring to the Local Tax Act that is in force until December 31, 2010 before being amended by Act No. 10221 and this Act; hereinafter the same shall apply) shall be governed by the former Local Tax Act.
Article 14 (Transitional Measures concerning Collection under Heavy Taxation on Registration of Corporation, etc. within Large Cities)
Notwithstanding the amended provisions of Articles 13 and 28 (2) and (3), the application of tax rates under heavy taxation due to cases in which a corporation to which the tax rate under Articles 131 and 137 of the Local Tax Act pursuant to the proviso to the part other than the subparagraphs of Article 138 (1) of the same Act has applied, shifts to or adds a type of business, other than the type of business excluded from heavy taxation in large cities, or due to grounds, such as the violation of responsibility to direct use real estate for the type of business excluded from heavy taxation in large cities, before December 31, 2010, shall be governed by Article 138 of the former Local Tax Act.
Article 15 (Transitional Measures concerning Acquisition Tax and Registration Tax on Lease and Importation of Ships, etc. Owned by Foreigners)
Where leasing a vehicle, machinery equipment, aircraft or ship owned by a foreigner in annual installments and then importing it before December 31, 2010, acquisition tax and registration tax shall be imposed and collected on such acquisition and registration pursuant to the former Local Tax Act, notwithstanding the amended provisions of Article 15 (2) 4 and subparagraph 1 of Article 23.
Article 16 Omitted.
ADDENDA <Act No. 10469, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 142 (1) 1, subparagraph 6 of Article 143, subparagraph 1 (f) of Article 144, and Article 146 (1) 6 and (4) shall enter into force on January 1, 2014.
Article 2 (Applicability concerning Registration and License Tax)
The amended provisions of Article 28 (1) 13 shall apply, beginning with the first case of registration made after this Act enters into force.
Article 3 (Applicability concerning Filing Return on and Paying Local Income Tax of Consolidated Corporations, etc.)
The amended provisions of the proviso to Article 87 (1) 2, Articles 87 (2), and 91 (1) and (6) shall apply, beginning with the first case where a return is filed and payment is made after this Act enters into force.
Article 4 (Applicability concerning Local Resource and Facility Tax)
The amended provisions of Article 142 (1) 1, subparagraph 6 of Article 143, subparagraph 1 (f) of Article 144, and Article 146 (1) 6 and (4) shall apply, beginning with the first case of power generation made on or after January 1, 2014.
ADDENDA <Act No. 11124, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2012. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11137, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended Articles 93 (3) and (4) and 97 shall enter into force three months after the promulgation of this Act, and the amended Articles 25 (1) 14 and 18 and 28 (1) 5-2 shall enter into force on June 11, 2012.
Articles 2 (Applicability concerning Return on and Payment of Acquisition Tax)
The amended provisions of Articles 13 (5) 3 and 4 and 20 (1) shall apply, beginning with the first case of acquisition after this Act enters into force.
Article 3 (Applicability concerning Notification of Amount of Tax Related to Local Income Tax)
(1) The amended provisions of Article 97 (1) and (2) shall apply, beginning with the first case where a return (including a revised tax return) on corporate tax is received, where the amount of corporate tax is determined or corrected, where the payment of withheld tax is received, where a tax payment notice on withheld corporate tax is issued, or where corporate tax is refunded after this Act enters into force.
(2) The amended provisions of Article 97 (3) and (4) shall apply, beginning with the first case where a return (including a preliminary return and a final return) on a pro rata income tax portion is received or a notice on imposition thereof is issued, where the payment of withheld income tax is received or a tax payment notice on withheld income tax is issued, or where income tax is refunded after this Act enters into force.
Article 4 (Applicability concerning Ceiling of Property Tax Burden)
The amended provisions of Article 122 shall apply, beginning with the first case where the liability for tax payment is constituted after this Act enters into force.
ADDENDA <Act No. 11617, Jan. 1, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2013.
Article 2 (General Applicability)
This Act shall apply from a local tax that constitutes liability for payment after this Act enters into force.
Article 3 (Special Cases on Application to Rates of Registration and License Taxes of Special Self-Governing City)
The amended provisions of Article 34 (2) shall apply from a registration and license tax that constitutes liability for taxation after July 1, 2012.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11873, Jun. 7, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2013.
Articles 2 through 19 Omitted.