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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON NATIONAL TAXES

Presidential Decree No. 7459, Dec. 31, 1974

Amended by Presidential Decree No. 8352, Dec. 31, 1976

Presidential Decree No. 8650, Aug. 20, 1977

Presidential Decree No. 8749, Nov. 21, 1977

Presidential Decree No. 9228, Dec. 30, 1978

Presidential Decree No. 9693, Dec. 31, 1979

Presidential Decree No. 10118, Dec. 31, 1980

Presidential Decree No. 10696, Dec. 31, 1981

Presidential Decree No. 11577, Dec. 31, 1984

Presidential Decree No. 12882, Dec. 30, 1989

Presidential Decree No. 13192, Dec. 31, 1990

Presidential Decree No. 13539, Dec. 31, 1991

Presidential Decree No. 13895, May 27, 1993

Presidential Decree No. 14076, Dec. 31, 1993

Presidential Decree No. 14473, Dec. 31, 1994

Presidential Decree No. 14870, Dec. 30, 1995

Presidential Decree No. 14860, Dec. 30, 1995

Presidential Decree No. 14988, Apr. 27, 1996

Presidential Decree No. 15014, jun. 4, 1996

Presidential Decree No. 15189, Dec. 31, 1996

Presidential Decree No. 15968, Dec. 31, 1998

Presidential Decree No. 16622, Dec. 28, 1999

Presidential Decree No. 17047, Dec. 29, 2000

Presidential Decree No. 17036, Dec. 29, 2000

Presidential Decree No. 17830, Dec. 30, 2002

Presidential Decree No. 18172, Dec. 30, 2003

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18385, May 10, 2004

Presidential Decree No. 18849, May 31, 2005

Presidential Decree No. 19461, Apr. 28, 2006

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 19893, Feb. 28, 2007

Presidential Decree No. 20516, Dec. 31, 2007

Presidential Decree No. 20622, Feb. 22, 2008

Presidential Decree No. 20654, Feb. 29, 2008

Presidential Decree No. 21316, Feb. 6, 2009

Presidential Decree No. 21765, Oct. 1, 2009

Presidential Decree No. 21937, Dec. 31, 2009

Presidential Decree No. 22038, Feb. 18, 2010

Presidential Decree No. 22572, Dec. 30, 2010

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23592, Feb. 2, 2012

Presidential Decree No. 23878, jun. 26, 2012

Presidential Decree No. 24366, Feb. 15, 2013

Presidential Decree No. 24441, Mar. 23, 2013

Presidential Decree No. 24573, jun. 11, 2013

Presidential Decree No. 24638, jun. 28, 2013

Presidential Decree No. 24697, Aug. 27, 2013

Presidential Decree No. 24852, Nov. 20, 2013

Presidential Decree No. 25201, Feb. 21, 2014

Presidential Decree No. 26066, Feb. 3, 2015

Presidential Decree No. 26946, Feb. 5, 2016

Presidential Decree No. 27129, May 10, 2016

Presidential Decree No. 27472, Aug. 31, 2016

Presidential Decree No. 27833, Feb. 7, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28644, Feb. 13, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Framework Act on National Taxes and matters necessary for the implementation thereof.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 1-2 (Scope of Related Parties)
(1) "Relationship of relatives prescribed by Presidential Decree such as blood relative, relative by marriage, etc." in subparagraph 20 (a) of Article 2 of the Act means the relationship falling under any of the following subparagraphs (hereinafter referred to as "relationship of relatives"):
1. Blood relatives within the sixth degree of relationship;
2. Relatives by marriage within the fourth degree of relationship;
3. A spouse (including a person who is in a de facto marital relationship);
4. A person who enters a family as an adopted child, his/her spouse, and lineal descendant.
(2) "Economic relationship prescribed by Presidential Decree such as executive, employee, etc." in subparagraph 20 (b) of Article 2 of the Act means the relationship falling under any of the following subparagraphs (hereinafter referred to as "economic relationship"):
1. Executives and other employees;
2. Persons who maintain their livelihood based on money or other property of the principal;
3. Relatives who maintain their livelihood with the persons provided in subparagraphs 1 and 2.
(3) "Management control relationship prescribed by Presidential Decree such as stockholder, contributor, etc." in subparagraph 20 (c) of Article 2 of the Act means the relationship falling under any of the following subparagraphs (hereinafter referred to as "management control relationship"):
1. Where a principal is an individual:
(a) Where a principal exercises a controlling influence on the management of a corporation directly or through a person in the relationship of relatives or in the economic relationship with him/her, such corporation;
(b) Where a principal exercises a controlling influence on the management of a corporation directly or through a person in the relationship of relatives or in the economic relationship or a person in the relationship provided in (a), such corporation;
2. Where a principal is a corporation:
(a) Where an individual or corporation exercises a controlling influence on the management of a corporation which is a principal directly or through a person in the relationship of relatives or in the economic relationship with him/her or it, such individual or corporation;
(b) Where a principal exercises a controlling influence on the management of a corporation directly or through a person in the economic relationship or a person in the relationship provided in (a), such corporation;
(c) Where a principal exercises a controlling influence on the management of a corporation directly or through a person in the economic relationship or a person in the relationship provided in (a) or (b), such corporation;
(d) Where a principal falls under the enterprise group under the Monopoly Regulation and Fair Trade Act, other affiliated companies and their executives.
(4) In applying the regulations provided in each item of paragraph (3) 1, paragraphs (3) 2 (a) through (c), where a corporation falls under any of the following requirements, a principal shall be deemed to exercise the controlling influence on the management of the relevant corporation:
1. In case of a profit-making corporation:
(a) Where a principal invests 30/100 or more of the total number of outstanding stocks or the total amount of investments in the corporation;
(b) Where a principal is recognized to exercise a de facto controlling influence on the management of a corporation, such as exercising a right to appoint or dismiss executives and deciding its business policy;
2. In case of a non-profit corporation:
(a) Where a principal holds the majority of the directors of such corporation;
(b) Where a principal invests 30/100 or more to the contributed property of a corporation (limited to contributed property only for foundation) as one of its founders.
[This Article Newly Inserted by Presidential Decree No. 23592, Feb. 2, 2012]
 Article 1-3 (Special Cases, etc. concerning Electronic Returns)
(1) "Failures prescribed by Presidential Decree" in Article 5 (3) of the Framework Act on National Taxes (hereinafter referred to as the "Act") means a failure to file returns or pay taxes electronically due to suspended operation of national tax information and communications networks caused by power breakdown, transmission error, program errors, or any other inevitable reason. <Amended by Presidential Decree No. 22572, Dec. 30, 2010>
(2) "Documents prescribed by Presidential Decree" in Article 5-2 (3) of the Act means documents to be submitted at the time of electronic return, including a certificate of the receipt of export price, as designated and notified by the Commissioner of the National Tax Service.
(3) In extending the submission deadline under Article 5-2 (3) of the Act, with respect to such documents as may be necessary for early refund under Article 59 (2) of the Value-Added Tax Act, the extension of the submission deadline therefor shall be separately determined and notified by the Commissioner of the National Tax Service. <Amended by Presidential Decree No. 24638, Jun. 28, 2013>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 2 (Extension of Due Date and Provision of Security)
(1) "Grounds prescribed by Presidential Decree" in Article 6 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 27833, Feb. 7, 2017>
1. Where a taxpayer suffers fire, damage from war, or other calamities, or is robbed;
2. Where a taxpayer or a family member residing with him/her needs a medical treatment for a period of at least six months due to a disease or a serious injury, or dies and is in mourning;
3. Where a taxpayer suffers serious loss in business or is in a major crisis (limited to payment);
4. Where the normal operation of information and communications networks of the Bank of Korea (including its branches) and communications offices is impossible due to power failure, program malfunction, or any other inevitable grounds;
5. Where the Commissioner of the National Tax Service deems it impracticable to pay taxes normally due to the holiday of financial institutions, etc. (limited to a financial institution which is a national treasury agency or national treasury receipt agency of the Bank of Korea) or communications offices, or any other inevitable grounds;
6. Where books or documents are seized or provisionally held by any authoritative agency;
7. Where it is deemed necessary to extend the due date in consideration of the circumstances, economic conditions, etc. of a taxpayer (limited to payment), as a case falling under the standards determined by the Commissioner of National Tax Service;
8. Where a certified tax accountant who performs bookkeeping on behalf of taxpayers pursuant to subparagraph 3 of Article 2 of the Certified Tax Accountant Act (including a tax accounting firm registered pursuant to Article 16-4 of the same Act) or certified public accountant under Article 20-2 of the same Act (including an accounting firm registered pursuant to Article 24 of the Certified Public Accountant Act) suffer fire, damage from war or other accident, or becomes the victim of theft;
9. Where any grounds equivalent to those under subparagraph 1, 2, or 6 exist.
(2) "Grounds prescribed by Presidential Decree" in the proviso to Article 6 (2) of the Act means any of the following grounds: <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1. Where a taxpayer suffers from a serious loss in business, or such business faces a grave crisis and the head of the competent tax office deems that the taxpayer is able to pay the relevant national taxes by the extended due date in consideration of the amount to be paid by the taxpayer, due date to be extended, records of national taxes and amount in arrears paid by the taxpayer in the past, etc.;
2. Cases falling under paragraph (1) 1, 4 or 5;
3. Cases falling into grounds similar to those referred to in subparagraph 1 or 2.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 2-2 (Extension of Due Date and Limit of Installment Payment)
(1) The extension of due date under any subparagraph of Article 2 (1) shall be made within three months, and if any cause for such extension of the due date does not cease to exist, the head of the competent tax office may re-extend the time limit within the limit of one month.
(2) Notwithstanding paragraph (1), the extension of due date related to a return and payment may be decided by the head of the competent tax office within the limit not exceeding nine months.
(3) The due date and amount of payment in installments during the period of extension under paragraph (2) may be determined by the head of the competent tax office. In such cases, if the extended period exceeds six months, the head of the competent tax office shall make it possible for a taxpayer to pay an equal amount in installments within three months from the day six months pass, as the case may be.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 3 (Application for Extension of Due Date)
A person who intends to have a due date extended pursuant to Article 6 of the Act shall apply to the head of the relevant administrative agency in writing stating the following matters no later than three days prior to the expiration of the due date. In such cases, if the head of the administrative agency deems that the person would be unable to file such application not later than three days prior to the expiration of the due date, he/she may allow such person to make the application by the expiration of the due date:
1. Name and domicile or temporary domicile of the person who intends to have the due date extended;
2. Due date for which an extension is desired;
3. Reason for an extension;
4. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 4 (Approval of Extension of Due Date)
(1) Where the due date is extended pursuant to Article 6 of the Act, the head of the administrative agency shall, without delay, notify the relevant person of a document stating the matters corresponding to each subparagraph of Article 3, and in cases of the application under the former part of Article 3, notify the applicant of whether to approve before the expiration of the due date.
(2) In any of the following cases, the head of the administrative agency may give a public notice on the Official Gazette or a daily newspaper instead of giving a notice thereof, notwithstanding paragraph (1):
1. Where a ground falling under Article 2 (1) 4 occurs all at once on a national scale;
2. Where the persons subject to the notification of extension of due date are many and unspecified persons;
3. Where there is no time to give an individual notice of extension of due date to the persons subject to the notification.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 4-2 (Cancellation of Extension of Payment Deadline)
"Any ground prescribed by Presidential Decree" in Article 6-2 (1) 3 of the Act means where the payment deadline is extended on the grounds falling under Article 2 (1) 4 and 5, terminating the relevant grounds that makes it possible to pay taxes normally.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 4-3 (Cancellation Notice of Extension of Payment Deadline)
Any notice on the cancellation of the extension of the due date for payment under Article 6-2 (2) of the Act shall be served in the form of document containing the following matters:
1. Date of cancellation;
2. Grounds for cancellation.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 5 (Report on Place to be Served)
A person who intends to report (including the report of changes) the place on which documents are served under Article 9 of the Act shall submit, to the head of the relevant administrative agency, a documents stating the following matters:
1. Name of the taxpayer;
2. Address, domicile of the taxpayer, or location of his/her business office;
3. Location of the place on which documents are served;
4. Reason for designating the place on which documents are served;
5. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 5-2 (Scope of Service by Regular Mail)
"Amount prescribed by Presidential Decree" in the proviso to Article 10 (2) of the Act means 500,000 won.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 6 (Documents to be Served)
The following matters shall be entered in a delivery slip under Article 10 (6) of the Act:
1. Title of the documents;
2. Name of a person authorized to receive documents;
3. Name of the person who receives documents;
4. Place to be served;
5. Date of service;
6. Main details of the documents.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 6-2 (Application for Electronic Service)
(1) Any person that intends to file an application for electronic service under Article 10 (8) of the Act or to withdraw such application shall submit to the head of the competent tax office a document that states the following matters:
1. Matters identifying a taxpayer, including his/her name and resident registration number;
2. Address or location of the principal office and place of business of a taxpayer;
3. Electronic mail address or contact point to receive information regarding electronic service;
4. Method of notice on, and reasons for applying for (or withdrawing), electronic service;
5. Any other matter prescribed by Ordinance of the Ministry of Strategy and Finance.
(2) The initiation and withdrawal from electronic service shall apply from the day following the date of receiving an application filed under paragraph (1).
(3) Where any person that has withdrawn an application for electronic service intends to file a new application therefor, the person may do so at least 30 days after the date of application for such withdrawal.
(4) Notwithstanding the fact that a taxpayer is permitted to read documents by accessing the national tax information and communications network pursuant to Article 6-4 (2), where the relevant taxpayer fails to read electronically served documents two consecutive times by the following deadline, an application for electronic-service delivery of documents not read for the second time shall be deemed withdrawn on the day following the date classified as follows: <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
1. Cases that the deadline, such as the deadline for payment, is fixed in the relevant document: The fixed deadline;
2. Cases other than subparagraph 1: The date on which one month elapses from the time the relevant document is saved in the national tax information and communications network.
(5) “Where a taxpayer pays a tax amount voluntarily as prescribed by this Act or other tax-related Acts, as prescribed by Presidential Decree” in the proviso to Article 10 (8) of the Act means that a taxpayer pays the total amount of national taxes falling under any of the following by means of account transfer under the main sentence of Article 18 (3) of the Enforcement Decree of the National Tax Collection Act through the national tax information and communications network: <Newly Inserted by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 24638, Jun. 28, 2013>
1. The amount of income taxes under Article 65 (1) and (2) of the Income Tax Act;
2. The amount of value-added taxes under Articles 48 (3) and 66 (1) of the Value-Added Tax Act.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 6-3 (Grounds to Make Electronic Service Impossible)
"Ground prescribed by Presidential Decree" in Article 10 (9) of the Act means any case falling under any of the following subparagraphs:
1. Where it is impossible to render electronic service due to a failure of information and communications networks;
2. Other cases where it is impossible to render electronic service, as prescribed by the Commissioner of the National Tax Service.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 6-4 (Scope, etc. of E-Service Documents)
(1) Documents to be provided through electronic service under Article 10 (10) of the Act shall be limited to notification of tax payment or notice of payment, notices of the amount of refund of national tax, notice of return, and other documents determined by the Commissioner of the National Tax Service.
(2) Where the Commissioner of the National Tax Service provides, by means of electronic service, a notification of tax payment, or a notice of payment, and a notice of the amount of refund of national tax among the documents of paragraph (1), he/she shall make them accessible to the taxpayer concerned through national tax information and communications networks.
(3) Where the Commissioner of the National Tax Service provides, by means of electronic service, documents, other than those described in paragraph (2), he/she shall serve them on the electronic mail address designated by the taxpayer.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 7 (Confirmation of Unknown Address)
"Where domicile or business office is not evident" in Article 11 (1) 2 of the Act means where the domicile or business office cannot be confirmed even by the resident registration card or corporate registry.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 7-2 (Service by Public Notification)
"Other cases prescribed by Presidential Decree, such as where the documents sent by registered mail is returned because the person does not appear" in Article 11 (1) 3 of the Act means cases falling under any of the following subparagraphs:
1. Where it is deemed difficult to serve a document by the due date for payment because the document served by registered mail was returned owing to the absence of the recipient;
2. Where it is deemed difficult to serve a document by the due date for payment owing to the absence of the recipient, for all that a tax official visited the taxpayer two or more times to deliver the document.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 8 (Application, Approval, etc. of Organization Deemed Corporation)
(1) The representative or manager of an incorporate body, foundation or any other organization (hereinafter referred to as "organization, other than a corporation") which is not a corporation (referring to a domestic and foreign corporation under subparagraphs 1 and 3 of Article 1 of the Corporate Tax Act; hereinafter the same shall apply) that intends to obtain approval pursuant to Article 13 (2) of the Act shall submit a document that states the following matters to the head of the competent tax office: <Amended by Presidential Decree No. 22572, Dec. 30, 2010>
1. Title of the organization;
2. Location of its main office;
3. Name and address or domicile of its representative or manager;
4. Major business;
5. Status of property;
6. Articles of association or provisions relating to the organization and its operations;
7. Other necessary matters.
(2) Where the representative or manager of an organization other than a corporation submits a document under paragraph (1), the head of a competent tax office shall notify the applicant of whether to grant approval, within ten days from the date of the application. <Amended by Presidential Decree No. 22572, Dec. 30, 2010>
(3) Where an organization other than a corporation has obtained approval pursuant to paragraph (2), an identification number under Article 12 (2) of the Enforcement Decree of the Value-Added Tax Act shall be granted concurrently with such approval: Provided, That this shall not apply where the relevant organization intends to operate a profit-making business and is required to register its business under Article 111 of the Corporate Tax Act. <Amended by Presidential Decree No. 22572, Dec. 30, 2010; Presidential Decree No. 24638, Jun. 28, 2013>
(4) Where an organization, other than a corporation that has obtained approval under paragraph (2) fails to meet the requirements under each subparagraph of Article 13 (2) of the Act, the head of the competent tax office shall immediately cancel approval thereof. <Amended by Presidential Decree No. 22572, Dec. 30, 2010>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 9 (Reporting of Representative, etc. of Organization Deemed Juristic Person)
Where an organization, other than a juristic person, which is deemed a juristic person under Article 13 (1) and (2) of the Act (hereinafter referred to as "organization deemed a juristic person") intends to report the appointment or change of its representative or manager under Article 13 (5) of the Act, it shall submit to the head of the competent tax office, a document stating the name and address or domicile of the representative or manager (in cases of a change, the former and current representative or manager), and other necessary matters. <Amended by Presidential Decree No. 22572, Dec. 30, 2010>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 9-2 (Notification of Designation of Representative, etc. of Organization Deemed Juristic Person)
When a person who performs duties related to national taxes is designated, pursuant to Article 13 (6) of the Act, the head of the competent tax office shall, without delay, notify the relevant organization deemed a juristic person, in writing stating the following matters:
1. Name, and address or domicile of the person performing the duties related to national taxes;
2. Date of designation;
3. Grounds for designation;
4. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 9-3 (Examination Committee on Established Rules for National Taxes)
(1) The Examination Committee on Established Rules for National Taxes under Article 18-2 of the Act shall deliberate on matters referred to by the chairperson to the Committee among the following matters: <Amended by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 28644, Feb. 13, 2018>
1. Matters that need interpretation in accordance with the legislative intent of tax-related Acts and this Act related thereto; and matters that need interpretation in accordance with legislative intents of the Customs Act, the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, and the Act on Special Cases concerning the Refund of Customs Duties, etc. Levied on Raw Materials for Export, which are related thereto;
2. Matters on changing the existing interpretation of tax-related Acts and this Act related thereto or general practices of national tax administration; matters on changing the interpretation of the Customs Act, the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, and the Act on Special Cases concerning the Refund of Customs Duties, etc. Levied on Raw Materials for Export, which are related thereto or general practices of customs tax administration;
3. Other matters to greatly influence the rights and duties of taxpayers.
(2) The Examination Committee on Established Rules for National Taxes shall be comprised of not more than 50 committee members, including one chairperson. <Amended by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 28644, Feb. 13, 2018>
(3) The Director of Tax and Customs Office of the Ministry of Strategy and Finance shall serve as the chairperson, and members shall be comprised of the following persons: <Amended by Presidential Decree No. 22572, Dec. 30, 2010; Presidential Decree No. 24366, Feb. 15, 2013>
1. Any person designated by the chairperson from among Grade III public officials in the Ministry of Strategy and Finance or public officials in the Senior Civil Service;
2. Any person recommended by the Minister of Government Legislation, from among Grade III public officials in the Ministry of Government Legislation or public officials in the Senior civil Service;
3. Any person recommended by the Commissioner of the National Tax Service, from among Grade III public officials in the National Tax Service or public officials in the Senior Civil Service;
4. Any person recommended by the Commissioner of the Korea Customs Service, from among Grade III public officials in the Korea Customs Service or public officials in the Senior Civil Service;
5. Any person recommended by the Director of the Tax Tribunal, from among Grade III public officials in the Tax Tribunal or public officials in the Senior Civil Service;
6. Any person with profound knowledge and experience in the field of law, accounting, or overall economy and who is commissioned by the Minister of Strategy and Finance.
(4) The chairperson shall represent the Examination Committee on Established Rules for National Taxes and exercise overall control over its affairs.
(5) Where the chairperson is unable to perform his/her duties in extenuating circumstances, a member who has been designated in advance by the chairperson, among members under paragraph (3) 1 shall act on his/her behalf.
(6) The term of office of members under paragraph (3) 6 shall be two years. <Amended by Presidential Decree No. 22572, Dec. 30, 2010>
(7) Deleted. <by Presidential Decree No. 27129, May 10, 2016>
(8) The chairperson shall call meetings of the Examination Committee on Established Rules for National Taxes and preside over them.
(9) Meetings of the Examination Committee on Established Rules for National Taxes shall not be open to the public: Provided, That it may be open to the public when the chairperson deems it necessary.
(10) Meetings of the Examination Committee on Established Rules for National Taxes shall be comprised of the chairperson and not less than 12 but not more than 20 members designated by the chairperson for each meeting, including at least one third members referred to in paragraph (3) 6. <Amended by Presidential Decree No. 22572, Dec. 30, 2010; Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 24366, Feb. 15, 2013>
(11) Meetings of the Examination Committee on Established Rules for National Taxes shall commence with the attendance of a majority of all members under paragraph (10) and adopt resolutions by the affirmative vote of the majority of members present.
(12) Where a member of the Examination Committee on Established Rules for National Taxes falls under any of the following, the member shall be excluded from its deliberation or resolution: <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
1. Where the member is a questioner (referring to a person who conducts questioning the interpretation, etc. of tax-related Acts; where the Commissioner of the National Tax Service makes a request for interpretation, a person who questions the Commissioner of the National Tax Service shall be included; hereinafter in this paragraph, the same shall apply) or a person who conducts or conducted questioning under delegation from the questioner;
2. Where the member is or was a relative of a person provided in subparagraph 1;
3. Where the member is or was an employee of a person provided in subparagraph 1;
4. Where the member has testified or made an appraisal concerning a disposition subject to questioning or a formal objection, demand for examination or demand for judgment;
5. Where the member has been involved in a disposition subject to questioning, a formal objection to, a demand for examination or demand for judgment of the disposition, a tax investigation that forms the foundation thereof within the five years preceding the date of questioning;
6. Where the member belongs to a corporation or organization falling under subparagraph 4 or 5, or belonged to such corporation or organization within the five years preceding the date of questioning;
7. Where the member is or was involved in the business of a questioner or a person who conducts questioning under the delegation from the questioner.
(13) Where a member of the Examination Committee on Established Rules for National Taxes falls under any of the subparagraphs of Article 12, the member shall avoid to participate in deliberation or resolution on the relevant matter. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
(14) In addition to matters provided for in paragraphs (1) through (13), matters necessary for the composition, operation, etc. of the Examination Committee on Established Rules for National Taxes shall be prescribed by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 26066, Feb. 3, 2015>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 9-4 (Withdrawal, etc. of Appointment of Members of Examination Committee on Established Rules for National Taxes)
(1) Where a member under Article 9-3 (3) 1 falls under any of the following, the chairperson may withdraw his/her appointment:
1. Where a member becomes unable to perform his/her duties due to a mental or physical disability:
2. Where a member commits irregularities in relation to his/her duties;
3. Where a member is deemed inappropriate to be a member due to dereliction of duty, impairment of his/her dignity or for other reasons;
4. Where a member fails to abdicate any case falling under any of the subparagraphs of Article 9-3 (12);
5. Where a member personally indicates his/her intention to discontinue performing his/her duties.
(2) A person who has recommend the member pursuant to the provisions of Article 9-3 (3) 2 through 5 may withdraw his/her recommendation, where the recommended member falls under any of the subparagraphs of paragraph (1).
(3) Where a member under Article 9-3 (3) 6 falls under any of the subparagraphs of paragraph (1), the Minister of Strategy and Finance may dismiss the relevant member.
[This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
 Article 10 (Methods and Procedures of Questions and Replies on Interpretation of Tax-Related Acts)
(1) The Minister of Strategy and Finance and the Commissioner of the National Tax Service shall, with regard to questions about the interpretation of tax-related Acts, make a reply by interpreting such questions according to standards for the interpretation of tax-related Acts under Article 18 of the Act.
(2) The Commissioner of the National Tax Service shall deliver a copy of the document which has been sent as a reply under paragraph (1) to the Minister of Strategy and Finance by the last day of the month following the month in which the date of such reply falls. <Amended by Presidential Decree No. 24366, Feb. 15, 2013>
(3) The Commissioner of the National Tax Service shall, when a question under paragraph (1) falls under any subparagraph of Article 9-3 (1), make a request for the interpretation thereof to the Minister of Strategy and Finance, accompanied by his/her opinions. <Amended by Presidential Decree No. 24366, Feb. 15, 2013>
(4) The Commissioner of the National Tax Service may, if he/she has different opinions on the interpretation made by the Minister of Strategy and Finance, request for re-interpretation thereof based on justifiable grounds.
(5) Any question regarding the interpretation of tax-related Acts which has been submitted to the Minister of Strategy and Finance shall be delivered to the Commissioner of the National Tax Service and such fact shall be informed to the civil petitioner: Provided, That in cases falling under any of the following subparagraphs, the Minister of Strategy and Finance may directly make a reply to the civil petitioner. In such cases, a copy of the document which has been sent as a reply shall be delivered to the Commissioner of the National Tax Service: <Amended by Presidential Decree No. 26946, Feb. 5, 2016>
1. Any question falling under any subparagraph of Article 9 (3) 1, and thus subject to deliberation by the Examination Committee on Established Rules for National Taxes;
2. Any question which has been made again with regard to the interpretation of tax-related Acts by the Commissioner of the National Tax Service and to which reply of the Commissioner of the National Tax Service is attached (excluding matters concerning factual judgement);
3. Where tax-related Acts are newly legislated or amended and for which interpretation by the Minister of Strategy and Finance is needed;
4. Other cases deemed necessary by the Minister of Strategy and Finance to protect the rights of taxpayers, which require interpretation based on the purpose of the legislation of tax-related Acts.
(6) Matters necessary for questions, replies, etc. on the interpretation of tax-related Acts, in addition to those provided for in paragraphs (1) through (5), shall be determined by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
CHAPTER II TAX LIABILITY
 Article 10-2 (Determination of Tax Liability)
The time an amount of tax is finally determined in accordance with the procedure under the relevant tax-related Acts provided for in Article 22 (1) of the Act shall be as follows:
1. Income tax, corporate tax, value-added tax, individual consumption tax, liquor tax, securities transaction tax, education tax, or traffic, energy and environment tax: The time the tax base and amount of tax are reported to the Government: Provided, That the cases falling under subparagraph 2 shall be excluded;
2. Where the Government determines the tax base and amount of national taxes under subparagraph 1: The time the Government makes such determination;
3. Gross real estate tax: The time the Government determines the tax base and amount of the gross real estate tax: Provided, That cases falling under subparagraph 4 shall be excluded herefrom;
4. Where a taxpayer reports the tax base and amount of gross real estate taxes under Article 16 (3) of the Gross Real Estate Tax Act: The time the tax base and amount are reported;
5. National taxes other than those under subparagraphs 1 through 3: The time the Government determines the tax base and amount of relevant national taxes.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 11 (Value of Inherited Property)
(1) "Property acquired by inheritance" in Article 24 (1) of the Act means the values calculated using the following formula: The total amount of property acquired by inheritance (the total amount of debts due to inheritance + inheritance tax either levied or to be paid due to inheritance)
(2) The values of the total amount of property and the total amount of debts pursuant to paragraph (1) shall be appraised by applying mutatis mutandis Articles 60 through 66 of the Inheritance Tax and Gift Tax Act.
(3) When applying paragraph (1), the value of inherited property, including assets and liabilities which an heir under Article 24 (1) of the Act inherits and an inheritance tax that the heir should pay; insurance money deemed inherited property pursuant to paragraph (2) of the aforesaid Article; and an inheritance tax to be paid by a person who receives such insurance money, shall be calculated. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
(4) "Percentage prescribed by Presidential Decree" in the former part of Article 24 (3) of the Act means a percentage calculated by dividing the value of inherited property for each heir (including a beneficiary under Article 24 (1) and a person who has relinquished his/her inheritance under paragraph (2) of the aforesaid Article; hereinafter the same shall apply in this paragraph) pursuant to paragraph (1) by the total amount of the values of property inherited by each heir. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 12 (Report on Representative of Heirs)
(1) The report of the representative of heirs under the latter part of Article 24 (3) of the Act shall be made by a document (including electronic documents) in which the name, address or domicile of the said representative, and other necessary matters are entered, within 30 days after the inheritance commences. <Amended by Presidential Decree No. 26946, Feb. 5, 2016>
(2) When the report under the latter part of Article 24 (3) of the Act is not made, the head of tax office may designate one person, among the heirs, as a representative. In such cases, the head of tax office shall notify it to each heir, without delay, by a document stating such action. <Amended by Presidential Decree No. 26946, Feb. 5, 2016>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 12-2 (Type, etc. of Unlawful Means)
(1) "Fraudulent or other unlawful means prescribed by Presidential Decree" in Article 26-2 (1) 1 of the Act means any of the acts falling under each subparagraph of Article 3 (6) of the Punishment of Tax Offenses Act. <Newly Inserted by Presidential Decree No. 23592, Feb. 2, 2012>
(2) "False statement or omission in the return, as prescribed by Presidential Decree" in Article 26-2 (1) 4 (c) of the Act means cases falling under any of the following subparagraphs:
1. When the return is filed after deducting fabricated debts from the value of the inherited or donated property;
2. When any property is omitted in the return of inherited or donated property, such as where the property required for the transfer of rights or registration, recording or change of title, etc. (hereinafter in this subparagraph, referred to as "registration, etc.") is not registered, etc. in the name of the heir or donee;
3. When deposits, stocks, bonds, insurance proceeds, or other financial assets are omitted in the return of inherited or donated property.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 12-3 (Initial Date in Reckoning Exclusion Period for National Taxes)
(1) Dates on which national taxes may be levied pursuant to Article 26-2 (5) of the Act shall be those set forth in the following subparagraphs:
1. For the national taxes, tax base and amount of tax of which are reported (excluding the gross real estate tax reported in accordance with Article 16 (3) of the Gross Real Estate Tax Act), the date following the report deadline or the deadline for submission of a written report (hereinafter referred to as "report deadline for tax base"), relating to the tax base and amount of tax of the relevant national taxes. In such cases, the report deadline and the amendment report deadline relating to the periods of interim payments and scheduled report shall not be included in the report deadline for tax base;
2. For the gross real estate tax and stamp tax, the date when the liability to pay such national taxes comes into existence.
(2) National taxes may be levied on the dates set forth in the following subparagraphs, notwithstanding paragraph (1):
1. For the national taxes levied upon the person liable to withhold taxes or tax associations, the date following the statutory due date for payment of the amount of the withholding tax concerned or the amount of the tax collected from the tax associations;
2. If the statutory due date for payment, pursuant to subparagraph 1, or the report deadline for tax base is extended, the date immediately following such an extended period;
3. If the amount of tax is collected on the grounds of a failure to fulfill obligations, etc. in accordance with deduction, exemption, non-taxation or the application of low tax rates, etc., the day on which the grounds that make it possible to collect the relevant deducted amount of tax, etc. accrue (in cases of benefiting any income deduction, referring to the amount of tax equivalent to the deducted income amount and in cases of benefiting low tax rates, referring to the amount of tax equivalent to a difference from general tax rates; hereinafter in this subparagraph referred to as the "deducted amount of tax, etc.").
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 12-4 (Initial Date in Reckoning Extinctive Prescription of National Taxes)
(1) "Time when the State can exercise its rights to collect national taxes" in Article 27 (3) of the Act means the dates under the following subparagraphs:
1. For the reported amount of tax concerned, with respect to the national taxes, tax liability of which is finally determined by the report of the amount of tax and the tax base, the day immediately following the expiration of its statutory due date for return and payment;
2. For the amount of tax concerned, with respect to those, tax base and amount of tax of which are determined, corrected or occasionally decided and imposed by the Government, the day immediately following the expiration of the due date for payment by the tax notification.
(2) On the dates set forth in the following subparagraphs, notwithstanding paragraph (1), the State may exercise its rights to collect national taxes:
1. In cases of national taxes collected from person liable to withhold taxes or tax associations, the following day of the due date for payment notified by a notice of tax payment concerning the amount of the relevant withholding tax or the amount collected by the relevant tax associations;
2. In cases of stamp taxes, the following day of the due date for payment notified by a notice of tax payment concerning the amount of the relevant stamp tax;
3. Where the statutory due date for return and payment under paragraph (1) 1 is extended, the following day of such extended deadline.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 13 (Type and Appraisal of Security for Tax Payment)
(1) "Securities prescribed by Presidential Decree" in subparagraph 2 of Article 29 of the Act means those falling under any of the following:
1. State bonds, local government bonds and special bonds under Article 4 (3) of the Financial Investment Services and Capital Markets Act;
2. Guaranteed bonds and convertible bonds from among the bonds issued by a corporation whose stocks are listed in the securities exchange under Article 9 (13) of the Financial Investment Services and Capital Markets Act (hereinafter referred to as "securities exchange" in this Article);
3. Securities traded on the securities exchange;
4. Beneficiary certificates in bearer form and redeemable beneficiary certificates as beneficiary certificates under Article 4 (5) of the Financial Investment Services and Capital Markets Act;
5. Negotiable certificates of deposit.
(2) "A person prescribed by Presidential Decree" in subparagraph 5 of Article 29 of the Act means that falling under any of the following:
1. Bank under the Banking Act;
2. Credit Guarantee Fund under the Credit Guarantee Fund Act;
3. A person deemed by the head of the competent tax office to have sufficient funds to perform the payment obligation.
(3) "The value determined by taking into consideration the current price as prescribed by Presidential Decree" in subparagraph 1 of Article 30 of the Act means the value calculated by applying mutatis mutandis Article 58 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act the day preceding the date they are offered as security as the record date of appraisal.
(4) "Values prescribed by Presidential Decree" in subparagraph 5 of Article 30 of the Act means values based on the following classification: <Amended by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 27472, Aug. 31, 2016>
1. Land or buildings: Values appraised by applying mutatis mutandis Article 61 of the Inheritance Tax and Gift Tax Act: Provided, That where a taxpayer provides security for tax payment and presents the value appraised by at least two appraisers under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers within six months before the date of providing security for tax payment, the average value thereof shall be the value;
2. Factory foundations, mining foundations, ships, aircraft, or construction machinery: Values appraised by certified public appraisers pursuant to the Act on Appraisal and Certified Appraisers or standard market values specified in the Local Tax Act.
[This Article Wholly Amended by Presidential Decree No. 23592, Feb. 2, 2012]
 Article 14 (Offering of Security for Tax Payment)
(1) In offering security for tax payment pursuant to Article 31 of the Act, security equivalent to the value of 120/100 (in cases of cash, tax guarantee insurance policy or letter of guarantee of tax payment of the bank under the Banking Act, 110/100) or more of the national taxes to be paid shall be offered: Provided, That where the national taxes are not finally determined, the amount of security shall be prescribed by the Commissioner of the National Tax Service. <Amended by Presidential Decree No. 23878, Jun. 26, 2012>
(2) When a taxpayer intends to offer a land, a building, a factory foundation, a mining foundation, a ship, an aircraft, or construction machinery as security for tax payment, the head of a tax office shall require the taxpayer to offer security after investigating whether the relevant facts conform to those in the certificate of completion of registration or the registration certificate presented under Article 31 (3) of the Act, and the taxpayer shall offer other security in any of the following cases:
1. Where the offering of a security is either prohibited or restricted, pursuant to Acts and subordinate statutes: Provided, That where the offer is made by obtaining permission from the competent administrative agency shall be excluded herefrom;
2. Where it is deemed that the property cannot attain the purpose of security as the use and profit of the property concerned is restricted, pursuant to Acts and subordinate statutes;
3. Where it is deemed that the property cannot attain the purpose of security.
(3) A person offering a building, a factory foundation, a mining foundation, a ship, an aircraft, or construction machinery, which has been insured, as security for tax payment shall submit a fire insurance policy. In such cases, the insured period shall be longer than the period required for security for tax payment by 30 or more days.
(4) Deleted. <by Presidential Decree No. 23592, Feb. 2, 2012>
(5) The period of a tax guarantee insurance policy offered as tax security, pursuant to Article 31 (2) of the Act, shall be longer than the period required for security for tax payment by 30 or more days: Provided, That in cases of a national tax, the due date for payment of which is not finally determined, it shall be in accordance with a period prescribed by the Commissioner of the National Tax Service.
(6) For a registration or a record for the establishment of a mortgage under the provisions of Article 31 (3) of the Act, a written request stating the following matters shall be submitted to the administrative agency concerned:
1. Description of the property;
2. Reason for registration or record, and the date;
3. Purpose of the registration or record;
4. Scope of the mortgage;
5. Registered or recorded holder of the title deed;
6. Domicile and name of the obligor of the registration or record.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 15 (Change and Supplement of Security for Tax Payment)
(1) Where a taxpayer intends to change the security already offered for payment pursuant to Article 32 (1) of the Act, the head of a tax office shall grant approval in any of the following cases:
1. When any other security is offered in replacement of the letter of guarantee of the guarantor;
2. When the offered security becomes excessive because of a change in its value;
3. When, for stocks and bonds offered as security with redemption period, the period of redemption is reached.
(2) An application for approval of changes pursuant to Article 32 (1) of the Act, or request for additional security or replacement of guarantor, pursuant to Article 32 (2) of the Act, shall be made in writing.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 16 (Payment and Collection through Security for Tax Payment)
(1) A person who intends to pay national taxes, additional dues, and disposition fees for arrears with money offered as security for tax payment pursuant to Article 33 (1) of the Act, shall submit a written application to the head of the competent tax office. In such cases, the person is deemed paid national taxes, additional dues, and disposition fees for arrears which corresponds to the amount so applied for.
(2) When the head of a tax office intends to collect national taxes, additional dues, and disposition fees for arrears from security for tax payment, pursuant to Article 33 (2) of the Act; if the security for tax payment is money, such money shall be appropriated to the national taxes, additional dues, or disposition fees for arrears concerned; if the security for tax payment is offered other than money, money which is collected or realized under the following subparagraphs shall be appropriated to them:
1. In cases of government bonds, municipal bonds, other stocks and bonds, land, buildings, factory foundations, mining foundations, ships, aircraft, or construction machinery: Sale in accordance with the procedure for public sale prescribed by the National Tax Collection Act;
2. In cases of tax guarantee insurance policies: Request for the payment of insurance proceeds to the relevant tax guarantee insurer;
3. In cases of the letters of guarantee for tax payment: Collection from the tax guarantors pursuant to collection procedures prescribed by the National Tax Collection Act.
(3) When the amount realized from security for tax payment pursuant to paragraph (2), is left over after being appropriated to the collectable national taxes, additional dues, and disposition fees for arrears, and remains, it shall be returned to the taxpayer, after distributing it in accordance with the method for disposition of public sale proceeds prescribed by the National Tax Collection Act.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 17 (Release of Security for Tax Payment)
(1) The release of security for tax payment, pursuant to Article 34 of the Act, shall be carried out by notifying the person who offered such security for tax payment of a document stating such intent. In such cases, when relevant documents submitted at the time of offering security for tax payment exist, such documents shall be attached thereto.
(2) In the application of paragraph (1), when the registration or record of mortgage was requested pursuant to Article 14 (6), the release of such registration, or record, of mortgage shall be again requested to the administrative agency concerned, in writing stating the matters corresponding to the subparagraphs of the same paragraph.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
CHAPTER III RELATION BETWEEN NATIONAL TAXES AND COMMON CLAIMS
 Article 18 (Priority of National Taxes)
(1) Deleted. <by Presidential Decree No. 18172, Dec. 30, 2003>
(2) The fact that the establishment of the right of lease on deposit basis, the pledge right and the montage was registered pursuant to Article 35 (1) 3 of the Act or the fact that requisites for counteraction and certificates of fixed dates prescribed in Article 3-2 (2) of the Housing Lease Protection Act or Article 5 (2) of the Commercial Building Lease Protection Act are met and obtained shall be proved by any of the following: <Amended by Presidential Decree No. 22038, Feb. 18, 2010; Presidential Decree No. 28644, Feb. 13, 2018>
1. A certified copy of a real estate register;
2. Certification by a notary;
3. A document recognized by the head of the tax office as a certification pertaining to the pledge;
4. A document recognized by the head of the tax office as a certification by public documents or books of financial institutions.
(3) When the head of the tax office seizes a property related to claims having priority to national taxes, etc. pursuant to Article 35 (1) 4 and 5 of the Act, he/she shall notify the relevant claimant of such fact, in writing stating the following matters: Provided, That where there are several persons holding claims pursuant to Article 35 (1) 5 of the Act, such fact may be notified to a representative selected by the head of the tax office, and the representative who receives such notification shall, through public notification or a posting, inform other claimants of such fact: <Amended by Presidential Decree No. 22038, Feb. 18, 2010; Presidential Decree No. 24366, Feb. 15, 2013>
1. Name, and address or domicile of the defaulted taxpayer;
2. The taxable period, items of taxation, amount of tax, and due date for payment of the national taxes related to seizure;
3. The location, kind, quantity, and quality of the seized property;
4. The date of seizure.
(4) Notification of seizure to the person having the right to provisional registration under Article 35 (3) of the Act shall be prescribed by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 22038, Feb. 18, 2010; Presidential Decree No. 26946, Feb. 5, 2016>
 Article 18-2 (Scope of Related Parties Colluding in Presumed False Contract)
"A person prescribed by Presidential Decree from among related parties" in the latter part of Article 35 (4) of the Act means a person who is in the relationship falling under any of the followings:
1. Relationship of relatives;
2. Economic control relationship;
3. Relationship provided for in Article 1-2 (3) 1 (a), 2 (a) and (b) from among the management control relationships. In such cases, in the application of Article 1-2 (4), "30/100" in Article 1-2 (4) 1 (a) and 2 (b) shall be deemed "50/100."
[This Article Wholly Amended by Presidential Decree No. 23592, Feb. 2, 2012]
 Article 19 (Limits of Secondary Tax Liability of Liquidator, etc.)
The value of property under Article 38 (2) of the Act shall be the current market value of the remaining property, as of the day of distributing or transferring it after liquidation.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 20 (Scope of Related Parties for Secondary Liability for Tax by Investor)
(1) Deleted. <by Presidential Decree No. 26066, Feb. 3, 2015>
(2) "A person prescribed by Presidential Decree from among his/her related parties" in subparagraph 2 of Article 39 of the Act means a person in a relationship falling under any of the subparagraphs of Article 18-2 with a relevant stockholder or limited partner.
[This Article Wholly Amended by Presidential Decree No. 23592, Feb. 2, 2012]
 Article 20-2 Deleted. <by Presidential Decree No. 15968, Dec. 31, 1998>
 Article 21 (Limits of Secondary Liability for Tax by Juristic Person)
The assessment of the total amount of assets and the total amount of liabilities pursuant to Article 40 (2) of the Act shall be based on the current market value on the date of the expiration of the due date for payment of the national taxes (in cases of two or more national taxes, the national taxes, the due date of which arrives later).
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 22 (Scope of Transfer and Acquisition of Business)
"Transferee of the enterprise prescribed by Presidential Decree" in Article 41 (1) of the Act means a person who has succeeded to all rights (excluding rights related to amounts receivable) and all duties (excluding duties related to amounts payable) with respect to such business as a whole.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 23 (Limits of Secondary Liability for Tax by Business Transferee)
(1) Where a transferor of the business under Article 41 (1) of the Act has two or more business places, the secondary liability to pay taxes by the person who has acquired one of those places of business shall be limited to the national taxes, additional dues, and disposition fees for arrears which have been imposed on the place of business acquired (where there are national taxes, additional dues, and disposition fees for arrears which are common to two or more places of business, including the amount distributed to the acquired place of business).
(2) "Value of the transferred property" in Article 41 (2) of the Act means values of the following subparagraphs:
1. Where the transferee of business paid an amount or has an amount to be paid to the transferor, such amount;
2. Where the amount under subparagraph 1 is non-existent or uncertain, or is considerably lower in comparison to the market value, the value derived by deducting the total amount of liabilities from the total amount of assets, after appraising such acquired assets and liabilities by applying mutatis mutandis the provisions of Articles 60 through 66 of the Inheritance Tax and Gift Tax Act.
(3) Notwithstanding paragraph (2), if the difference between the amount under subparagraph 1 of the same paragraph and the current market price is not less than 300 million won or not less than the amount equivalent to 30/100 of the current market price, the value shall be the larger amount out of the amount under subparagraph 1 of the same paragraph and the amount under subparagraph 2 of the same paragraph.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
CHAPTER IV TAXATION
 Article 24 (Disposition of Return Violating Jurisdiction)
(1) As for a return of tax base submitted to the head of a tax office, other than the head of the competent tax office under Article 43 (1) of the Act, the person who has filed the relevant return shall be directed to submit the said return to the head of relevant tax office, by clarifying the competent tax office.
(2) In cases under paragraph (1), if it is found, after receiving the relevant return of tax base, that such return falls outside of one's jurisdiction, it shall be forwarded, without delay, to the head of the competent tax office, and the relevant taxpayer shall be notified by a document stating thereof.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 25 (Revised Return of Tax Base)
(1) In the revised return of tax base under Article 45 of the Act, the matters falling under the following subparagraphs shall be entered, and if there exist any documents to be attached to the original return of tax base relating to the revised part, the documents that include such revisions shall be attached thereto:
1. Originally returned tax base and the amount of tax;
2. Revised return of tax base and the amount of tax;
3. Other necessary matters.
(2) "Grounds prescribed by Presidential Decree, such as an ommission in the course of settlement, tax adjustment, etc. by a withholding agent" in Article 45 (1) 3 of the Act means any of the following cases: <Amended by Presidential Decree No. 25201, Feb. 21, 2014>
1. Where a withholding agent omits income of a person falling under any of subparagraphs 1 through 7 of Article 73 (1) of the Income Tax Act in the course of settlement;
2. Where the amount corresponding to treasury subsidies, etc. under Article 36 (1) of the Corporate Tax Act and construction charges under Article 37 (1) of the same Act are not concurrently included in the profits and losses in the process of tax adjustment;
3. Other grounds similar to subparagraph 2, which are prescribed by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 25-2 (Ex Post Factor Causes)
"Ground prescribed by Presidential Decree" in Article 45-2 (2) 5 of the Act means any of the following cases: <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1. For the purposes of the original return, decision, or revision, where the permission or other disposition of the authorities is cancelled regarding the validity of transactions or actions, etc. which served as the basis for the calculation of the tax base and amount of tax;
2. For the purposes of the original return, decision, or revision, where a contract is rescinded regarding the validity of transactions or actions, etc. which served as the basis for the calculation of the tax base and amount of tax, due to the exercise of the rights of rescission, or is either cancelled or rescinded due to a compelling ground which occurred after the conclusion of the relevant contract;
3. For the purposes of the original return, decision, or revision, where the tax base and amount of tax could not be calculated due to the seizure of books, records, and documentary evidence, or other compelling ground, but the relevant ground ceases to exist later;
4. For the purposes of the actual transfer of Korean domestic stocks, etc. of persons who move out of the Republic of Korea prescribed in Article 118-10 (1) of the Income Tax Act, where there is a difference between the amount of the actual transfer value thereof and the amount of the transfer value thereof as of the date of departure prescribed in the main sentence of the same paragraph;
5. Other grounds similar to those prescribed in subparagraphs 1 through 4.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 25-3 (Request for Correction, etc.)
When a person intends to request a decision or revision pursuant to Article 45-2 (1), (2), and (4) of the Act, he/she shall submit (including a submission via the national tax information and communications networks) a written request for decision or correction stating the following matters:
1. Name and address or domicile of the applicant;
2. The tax base and amount of tax before the decision or correction;
3. The tax base and amount of tax after the decision or correction;
4. Grounds for requesting a decision or correction;
5. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 25-4 (Tax Base Return after Term)
(1) A person who intends to file a return of tax base after the due date pursuant to Article 45-3 of the Act shall submit a return of tax base after the due date to the head of the competent tax office.
(2) The provisions of tax-related Acts shall govern a return of tax base after the due date under Article 45-3 of the Act.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 26 (Voluntary Payment of Additional Amount)
A person who pays additional amount of national taxes voluntarily according to Article 46 of the Act shall submit an invoice of voluntary payment of additional amount prepared by recording the details of the original invoice in the invoice of voluntary payment prescribed by tax-related Acts.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 26-2 (Payment of National Taxes by Credit Card, etc.)
(1) Deleted. <by Presidential Decree No. 26066, Feb. 3, 2015>
(2) "National tax payment agency prescribed by Presidential Decree" in Article 46-2 (1) of the Act means an entity designated as a national tax payment agency under conditions prescribed by Ordinance of Ministry of Strategy and Finance, as an institution which settles payments made by credit card, debit card, carrier billing service, etc. (hereinafter in this Article, referred to as "credit card, etc."), using information and communications networks. <Amended by Presidential Decree No. 20654, Feb. 29, 2008; Presidential Decree No. 21937, Dec. 31, 2009; Presidential Decree No. 28644, Feb. 13, 2018>
(3) Deleted. <by Presidential Decree No. 21937, Dec. 31, 2009>
(4) A national tax payment agency may receive payment agency commissions in return for its service of vicarious processing of taxpayer's payment of national taxes by credit card, etc. within 10/1,000 of the relevant tax amount, as prescribed by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No. 20654, Feb. 29, 2008; Presidential Decree No. 24366, Feb. 15, 2013>
(5) The Commissioner of the National Tax Service may prescribe matters necessary for the payment of national taxes by credit card, etc.
[This Article Newly Inserted by Presidential Decree No. 20622, Feb. 22, 2008]
 Article 27 (Penalty Tax on Non-Filing)
(1) Deleted. <by Presidential Decree No. 26066, Feb. 3, 2015>
(2) In applying Article 47-2 of the Act, the revenue amount shall be the revenue amount of income falling under any of the following subparagraphs:
1. Private individual: The amount of gross revenue of the individual as an income from running a business as calculated in accordance with Articles 24 through 26 and 122 of the Income Tax Act;
2. Corporation: The amount of revenue of the corporation which shall be entered on the return on tax base and amount of tax of corporate tax in accordance with Articles 60, 76-17 and 97 of the Corporate Tax Act.
[This Article Wholly Amended by Presidential Decree No. 23592, Feb. 2, 2012]
 Article 27-2 (Penalty Tax on Underreporting or Excess Tax Refund Claims)
(1) Deleted. <by Presidential Decree No. 26066, Feb. 3, 2015>
(2) Where matters stated in a detailed statement of export performance submitted pursuant to subparagraph 1 of the Table of Article 101 (1) of the Enforcement Decree of the Value-Added Tax Act, a detailed statement of electronically issued local letter of credit and purchase confirmation submitted pursuant to subparagraph 3 (a) of the Table of the aforesaid paragraph, and a detailed statement of accompanying documents for zero tax rate submitted pursuant to paragraphs (2) through (4) of the aforesaid Article are erroneously stated, but such facts are verified by relevant evidential data, etc., Article 47-3 (2) 2 of the Act shall not apply thereto. <Amended by Presidential Decree No. 24638, Jun. 28, 2013; Presidential Decree No. 24638, Feb. 3, 2015; Presidential Decree No. 27833, Feb. 7, 2017>
(3) Where a return prescribed in Article 47-3 of the Act is filed underreportedly or overreportedly by an unlawful conduct; the underreported amount of paid tax, etc. by an unlawful conduct (hereinafter in this paragraph, referred to as "unlawfully underreported amount of paid tax") and other underreported amount of paid tax, etc. (hereinafter in this paragraph, referred to as "generally underreported amount of paid tax") are included in the undereported amount of paid tax, etc. under paragraph (1) of the aforesaid Article; and it is difficult to distinguish the unlawfully underreported amount of paid tax from the generally underreported amount of paid tax, the amount calculated using the following formula shall be the unlawfully underreported amount of paid tax: <Amended by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 27833, Feb. 7, 2017>
Underreported amount of paid tax, etc. × underreported tax base by unlawful conduct / underreported tax base
[This Article Wholly Amended by Presidential Decree No. 23592, Feb. 2, 2012]
 Article 27-3 Deleted. <by Presidential Decree No. 23592, Feb. 2, 2012>
 Article 27-4 (Interest Rate of Penalty Taxes on Insincere Payment, Refunding Return and Payment of Withholding Tax)
"Interest rate prescribed by Presidential Decree" in Articles 47-4 (1) 1 and 2 and 47-5 (1) 2 of the Act means the rate of 3/10,000 per day. <Amended by Presidential Decree No. 23592, Feb. 2, 2012>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 28 (Application for Reduction, Exemption, etc. of Penalty Taxes)
(1) A person who intends to have a penalty tax reduced or exempted in accordance with Article 48 (1) or (2) of the Act shall file an application stating the following matters with the head of the competent tax office (including the head of the competent customs office or the head of the competent local government; hereinafter the same shall apply in this Article):
1. Items of taxation, year of imposition of national tax related to the penalty taxes to be reduced or exempted and type and amount of additional dues;
2. Reason for failure to perform the duty (limited to cases of Article 48 (1) of the Act).
(2) In cases under paragraph (1), if documents evidencing reasons stated in subparagraph 2 of the said paragraph exist, such documents shall be attached thereto.
(3) The head of the competent tax office shall, upon receiving an application under paragraph (1), notify the applicant of whether the application is approved or disapproved.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 29 (Grounds for Exception from Reduction or Exemption of Penalty Tax)
The filing of a revised return of tax base with a prior knowledge of correction under Article 48 (2) 1 and 2 of the Act shall be any of the following cases:
1. Where a person submits a revised return of tax base or a return of tax base after the term, with the knowledge that tax officials commenced investigations into the relevant tax:
2. Where a person submits a revised return of tax base after receiving a notice requiring explanation for materials for assessment in regards to the relevant tax from the head of the competent tax office.
[This Article Wholly Amended by Presidential Decree No. 24366, Feb. 15, 2013]
 Article 29-2 (Limit of Penalty Taxes)
(1) The limit of penalty taxes under Article 49 (1) of the Act shall be classified in accordance with the substance of the obligations imposed under tax-related Acts.
(2) The applicable periods of the limits on penalty taxes under the subparagraphs of Article 49 (1) of the Act shall be categorized as follows:
1. Additional taxes under the Income Tax Act, the Corporate Tax Act, and the Value-Added Tax Act: The unit of the taxable period;
2. taxes under the Inheritance Tax and Gift Tax Act: The unit of the period during which the obligations under the said Act shall be fulfilled;
3. Additional taxes under Article 30-5 (5) of the Restriction of Special Taxation Act: The unit of the period during which the obligations under the said Act shall be fulfilled;
4. Additional taxes under Article 90-2 (1) of the Restriction of Special Taxation Act: The unit of taxable period for income tax.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
CHAPTER V REFUNDS OF NATIONAL TAXES AND ADDITIONAL PAYMENTS ON NATIONAL TAX REFUND
 Article 30 Deleted. <by Presidential Decree No. 23592, Feb. 2, 2012>
 Article 31 (Appropriation of National Tax Refunds)
(1) Where the head of a tax office appropriates the national tax refunds (including additional payments on national tax refunds) to another national taxes, additional dues, or disposition fee for arrears pursuant to Article 51 (2) and (8) of the Act, he/she shall notify the taxpayer in writing thereof. <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
(2) Where the head of a tax office appropriates the national tax refunds pursuant to Article 51 (2) of the Act, such refunds shall be appropriated preferentially for national taxes in arrears, additional dues in arrears, and disposition fees for arrears in subparagraph 2 of the same paragraph: Provided, That where a taxpayer consents to or applies for appropriation for national taxes to be paid by a notice of tax payment in subparagraph 1 of the same paragraph, the refunds shall be appropriated preferentially for national taxes to be paid by such notice of tax payment. <Newly Inserted by Presidential Decree No. 28644, Feb. 13, 2018>
(3) For national tax refunds prescribed in Article 51 (8) of the Act, where the tax item for such refunds is the same as those for which a national tax refund becomes due, the refunds shall be appropriated preferentially for the same tax item. <Newly Inserted by Presidential Decree No. 28644, Feb. 13, 2018>
(4) Where two or more cases for which national tax refunds shall be appropriated pursuant to Article 51 (2) and (8) of the Act, national tax refunds for whichever of such cases first reaches the statute of limitation shall be appropriated earlier. <Newly Inserted by Presidential Decree No. 28644, Feb. 13, 2018>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 32 (Occurrence Date of Refund of National Taxes)
"Occurrence date of refund of national taxes prescribed by Presidential Decree" in Article 51 (3) of the Act means any date listed below: <Amended by Presidential Decree No. 24366, Feb. 15, 2013>
1. National tax refund due to erroneous or double payment, or correction or cancellation of a return or assessment that forms the basis of the relevant payment: The date of the relevant payment (where tax is paid for interim tax prepayment or by tax withholding pursuant to tax-related Acts, the expiration date of statutory due date of return of the relevant tax item): Provided, That if the national tax refund is paid in two or more installments, it shall be the date of last payment, but if the national tax refund exceeds the amount of last payment, it shall be the due date of each national tax refund computed retroactively in the order of due dates until it reaches such due amount;
2. National tax refund by reduction of or exemption from national tax paid lawfully: The date of determination of such reduction or exemption;
3. Refund by the amendment of a tax-related Act after lawful payment: The enforcement date of the tax-related Act;
4. Refund due to filing of refundable tax or correction of the amount of refundable tax filed under the Income Tax Act, the Corporate Tax Act, the Value-Added Tax Act, the Individual Consumption Tax Act or the Liquor Tax Act: The date of such filing, Provided, That where the refund is made upon determination because the amount of refundable tax is not filed; the date of relevant determination;
5. Refund of any amount of tax, which is paid by a withholding agent through a year-end tax settlement or tax withholding, upon request for correction under Article 45-2 (4) : The expiration date of payment of tax payable by year-end tax settlement, or payment of withholding taxes;
6. Refund of work bonus under Article 100-8 of the Restriction of Special Taxation Act: The date of determination of such work bonus.
[This Article Newly Inserted by Presidential Decree No. 22572, Dec. 30, 2010]
 Article 33 (Payment of National Tax Refunds, etc.)
(1) The head of a tax office shall appropriate national tax refunds (including additional payments on refunds of national tax) pursuant to Article 51 of the Act. If any fund remains, he/she shall request the Bank of Korea to pay it to the taxpayer out of the appropriate revenue for the relevant year.
(2) The Bank of Korea shall, upon receiving the notification under paragraph (1), without delay take the steps necessary for the refund.
(3) Any person who intends to make a claim under the latter part of Article 51 (1) of the Act shall file an application for refund prescribed by Ordinance of the Ministry of Strategy and Finance with the head of the competent tax office.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 33-2 (Adjustment between Tax Revenue Accounts under Control of Head of Tax Office)
(1) When the Commissioner of the National Tax Service or the commissioner of a regional tax office recognizes that the tax revenue under the control of the head of the competent tax office is or may be insufficient to pay refunds of national taxes, upon the request of the head of tax office concerned, he/she may issue an order to transfer the amount required from the account of the tax revenue of the head of another tax office. In such cases, the transfer order shall be issued by the order of transfer of revenue and the details of that order shall also be notified to the head of tax office that requested such transfer.
(2) The head of a tax office, in receipt of the order under paragraph (1), shall prepare a written request for transfer of revenue detailing that the relevant amount shall be transferred from its revenue account to the revenue account under the head of the other tax office and make a claim to the Bank of Korea.
(3) In receipt of the request under paragraph (2), the Bank of Korea shall transfer the funds without delay and notify the head of the competent tax office.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 34 (Payment of National Tax Refunds through Account Transfer)
(1) The head of a tax office may pay national tax refund, by means of account transfer, a taxpayers who has opened an account with a financial institution, etc. or postal service office and reported that account to the head of the tax office.
(2) The head of a tax office shall, where intending to pay the national tax refunds under paragraph (1), forward the request for payment of the national tax refund by means of account transfer (hereinafter referred to as the "request for payment by means of account transfer") to the Bank of Korea or the postal service office.
(3) The Bank of Korea or the postal service office shall, upon receiving the request for payment by means of account transfer, pay the amount necessary for the refund by transferring it to the account of tax payer, and notify the head of the relevant tax office of details thereof: Provided, That if the payment is impossible due to the unknown account, etc., it shall notify the head of a tax office thereof no later than the day following the date of receiving the request for payment by means of account transfer.
(4) The head of a tax office shall, upon receiving the notification under the proviso to paragraph (3), verify without delay the account number, etc. of tax payer, and again forward the request for payment by means of account transfer to the Bank of Korea or the postal service office: Provided, That the head of the relevant tax office may, where the account number, etc. of tax payer is unknown until 30 days elapse from the date of receiving the notification under the proviso to paragraph (3), pay the national tax refunds by means of cash payment under Article 35.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 34-2 Deleted. <by Presidential Decree No. 17036, Dec. 29, 2000>
 Article 35 (Cash Payment of National Tax Refunds)
(1) With respect to the taxpayer for whom the payment of national tax refunds may not be made by means of account transfer under Article 34, the head of a tax office may pay it by means of cash payment.
(2) The head of a tax office shall, where he/she pays national tax refunds under paragraph (1), forward the request for cash payment of national tax refunds (hereinafter referred to as "request for cash payment") to the postal service office.
(3) The postal service office shall, upon receiving the request for cash payment, pay the national tax refunds to the tax payer under Article 37, and notify the head of the relevant tax office of its details.
(4) The head of tax office may, while the tax payer requests the payment by means of account transfer when the procedures for paying the national tax refunds by means of cash payment are in progress, have the national tax refunds paid by means of account transfer under Article 34.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 36 (Refund Notice to Taxpayer)
The head of a tax office shall, where he/she has requested the Bank of Korea or the postal service office to pay the national tax refunds under Articles 34 and 35, forward to the taxpayer the notice of national tax refund, specifying the relevant amount, reasons, method of receipt, place of payment, date of payment request and other necessary matters (hereinafter referred to as "notice of national tax refunds").
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 37 (Procedures for Cash Payment of National Tax Refunds)
(1) The postal service office shall, where the notice of national tax refunds is presented by a taxpayer bound to be paid by means of cash payment under Article 35, without delay compare it with the request for cash payment and verify, and then pay it according to the relevant contents: Provided, That this shall not apply to cases where one year has elapsed since the date of request for payment which is indicated on the notice of national tax refund.
(2) The postal service office shall, when it pays the national tax refunds under paragraph (1), have the tax payer present his/her resident registration certificate or other identification cards, and verify whether the relevant taxpayer is a lawful title holder.
(3) In cases under paragraph (2), the resident registration number of the recipient shall be entered on the margin of the notice of national tax refund, and have him/her sign thereon.
(4) For cases falling under the proviso to paragraph (1), when the taxpayer intends to receive the national tax refunds, he/she shall apply to the head of the competent tax office in writing with documents stating the following matters, along with the notice of national tax refunds. In such cases, the head of a tax office shall pay the refund by taking the refund procedures set forth in this Chapter:
1. The year and amount of the national taxes, additional dues or disposition fees for arrears that are intended to be refunded;
2. The reason for failing to receive it until one year has elapsed after receiving the notice of national tax refund.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 38 (Provision, etc. of Refund Funds to Postal Service Office)
The head of a tax office shall forward the request for payment by means of account transfer or the request for cash payment to the postal service office, via the Bank of Korea. In such cases, the Bank of Korea shall provide the amount necessary for the refund so as to have the postal service office be able to pay the national tax refunds to the taxpayer.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 39 (Settlement of Unpaid Funds by Postal Service Office)
If any funds are left unpaid within one year from the date of requesting payment by the head of a tax office from among the amount of refund under Article 35, the postal service office shall cancel the relevant payment, and pay it to the revenue of the fiscal year whereto the date of cancellation belongs.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Articles 40 and 41 Deleted. <by Presidential Decree No. 17036, Dec. 29, 2000>
 Article 42 Deleted. <by Presidential Decree No. 23592, Feb. 2, 2012>
 Article 43 (Statement of Account of Amount of National Tax Refunds)
The head of a tax office shall submit, to the Chairman of the Board of Audit and Inspection, the statement of account on amount of national tax refunds, along with attesting documents.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 43-2 (Refund of Property Paid in Kind)
(1) Where property paid in kind is refunded in accordance with the former part of Article 51-2 (1) of the Act, it shall be refunded by the head of the competent tax office according to the order of refund requested by a taxpayer, or, in the absence of such request, according to the reverse order of permission for property appropriated for payment in kind prescribed in Article 74 (2) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act. <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1 and 2. Deleted. <by Presidential Decree No. 27853, Feb. 7, 2017>
(2) "Cases prescribed by Presidential Decree, such as where the property paid is already sold or being used for other purpose" in Article 51-2 (2) of the Act means any of the following cases: <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1. Where it is difficult to refund the property paid in kind by division due to its nature;
2. Where the property paid in kind is on hire or being used for other administrative purpose;
3. Cases determined by the Commissioner of the National Tax Service, such as where it is deemed difficult to refund the property paid in kind as a plan for its use has been formulated.
(3) In making refunds under paragraph (1), the expenses disbursed by the State for the maintenance or management of the property paid in kind shall be borne by the State: Provided, That where the State has made a capital outlay under Article 31 (2) of the Enforcement Decree of the Corporate Tax Act with respect to the property paid in kind, the expenses therefor shall be borne by the taxpayer concerned.
(4) In making refunds under paragraph (1), legal and natural yields generated after the receipt of the property paid in kind shall revert to the National Treasury, not to the taxpayer. <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 43-3 (Additional Refund of National Taxes)
(1) "Reckoning day of additional refund of national taxes prescribed by Presidential Decree" in Article 52 of the Act means the day following the date according to the following classifications: <Amended by Presidential Decree No. 26066, Feb. 3, 2015>
1. National tax refund due to erroneous or double payment, or cancellation or correction (excluding cases falling under subparagraph 5) of a return or assessment that forms the basis of the relevant payment: The payment date for national taxes: Provided, That if the national taxes are paid in two or more installments, it shall be the date of last payment, but if the national tax refund exceeds the amount of last payment, it shall be the due date of each national tax computed retroactively in the order of due dates until it reaches such due amount. The amount of tax paid for interim tax prepayment or by tax withholding pursuant to tax-related Acts shall be deemed to have been paid on the expiration date of statutory due date of return of the relevant tax item;
2. National tax refund by reduction of or exemption from national tax paid lawfully: The date of determination of such reduction or exemption;
3. National tax refund by the amendment of a tax-related Act after lawful payment: The enforcement date of the tax-related Act;
4. Refund due to filing of refundable tax, a correction (excluding cases falling under subparagraph 5) or determination under the Income Tax Act, the Corporate Tax Act, the Value-Added Tax Act, the Individual Consumption Tax Act, the Liquor Tax Act or the Traffic, Energy and Environment Tax Act: The date after lapse of 30 days from the date of such filing (where the date of such filing is prior to the statutory due date for return, the relevant statutory due date for return): Provided, That where the refund is made upon determination because the amount of refundable tax is not filed, such date shall be the date after lapse of thirty days from the date of relevant determination;
5. Where a tax refund is made due to a correction in the amount of paid tax or the tax amount refunded according to the request for correction under Article 45-2 of the Act: The date on which the correction is requested (where the date on which the correction is requested is earlier than the date on which a national tax is paid, referring to the date on which the national tax is paid).
(2) "Interest rate prescribed by Presidential Decree" in Article 52 of the Act means the interest rate determined by Ordinance of the Ministry of Strategy and Finance, by considering the average interest rate on a one-year time deposit of commercial banks.
[This Article Newly Inserted by Presidential Decree No. 23592, Feb. 2, 2012]
 Article 43-4 (Transfer of National Tax Refund)
(1) A taxpayer who intends to transfer the rights to the national tax refund under Article 53 of the Act shall request for such transfer to the head of the competent tax office with a document stating the following matters before the head of the tax office issues the notice of national tax refund:
1. Address and name of transferor;
2. Address and name of transferee;
3. Details of the rights to be transferred.
(2) Upon request under paragraph (1), where there are other national taxes, additional dues or disposition fees for arrears to be paid by a transferor, or where there are other national taxes, additional dues or disposition fees for arrears to be paid by a transferee, the head of the competent tax office shall appropriate such other national taxes, etc. in the refund and shall immediately comply with the request for transfer with respect to the amount remaining after he/she appropriates them. <Amended by Presidential Decree No. 24366, Feb. 15, 2013>
[This Article Newly Inserted by Presidential Decree No. 23592, Feb. 2, 2012]
CHAPTER VI EXAMINATION AND ADJUDGMENT
SECTION 1 Common Provisions
 Article 44 Deleted. <by Presidential Decree No. 22038, Feb. 18, 2010>
 Article 44-2 (Dispositions Exempted from Objection)
Cases of dispositions which are to be or to have been examined, determined or managed by the Commissioner of the National Tax Service shall mean any of the following subparagraphs: <Amended by Presidential Decree No. 26946, Feb. 5, 2016>
1. Disposition according to the decision and investigation of tax base by the Commissioner of the National Tax Service;
2. Disposition following a corrective order according to the audit results by the National Tax Service;
3. Disposition as a result of tax investigation conducted by the National Tax Service;
4. Disposition, other than those stated in subparagraphs 1 through 3, following an special order by the Commissioner of the National Tax Service;
5. Disposition required to be peformed by the Commissioner of the National Tax Service according to tax-related Acts.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 45 (Suspension of Execution of Disposition)
The suspension of the execution of disposition under the proviso to Article 57 of the Act shall be limited to where the applicant for objection, claimant of examination, or claimant of adjudgment has suffered from a grave disaster, and the Government determines that it will take a substantial period to investigate.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 46 (Application for Inspection of Related Documents)
(1) A person who intends to inspect or copy the details of documents related to an application for objection, request for examination, or request for adjudgment pursuant to Article 58 of the Act may make an oral request to a ruling agency.
(2) The ruling agency, in receipt of the request stated in paragraph (1), shall grant the inspection or copy of the documents or verify whether the certified or abridged transcript is identical to the original documents.
(3) When the ruling agency in receipt of the request stated in paragraph (1) recognizes the need, it may request the signature of the applicant of the inspection or copy.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 47 (Written Opinion)
(1) A person who intends to state his/her opinion under Article 58 of the Act shall file an application with the relevant ruling agency with a document stating the name (where a person who makes a statement is a disposition agency, referring to its location and name), address or domicile of the person to present a written opinion and a summary of the details thereof. <Amended by Presidential Decree No. 26066, Feb. 3, 2015>
(2) Except for cases where it is deemed that the written opinion of the disposition agency is unnecessary in consideration of the details of the matters that have become the objectives of the request for adjudgment under the circumstance that the person who has filed a request for adjudgment does not file an application for a written opinion and only the disposition agency files an application to present its opinion, the ruling agency in receipt of the application under paragraph (1) shall determine the date and place of attendance, and time deemed necessary to make a statement of opinion, and notify the applicant thereof by at least three days before the date of opening a meeting (or the date of determination in cases of raising an objection) of the National Tax Examination Committee, the Council of Tax Judges, or the Joint Session of Tax Judges and provide the applicant with an opportunity to make a statement of opinion: Provided, That in cases of first deliberating on an application for objection, request for examination or request for adjudication, a notice shall be given by at least seven days before the date on which a meeting of the National Tax Examination Committee or the Council of Tax Judges is held. <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
(3) In cases falling under paragraph (2), when it is deemed that a written opinion is unnecessary, the ruling agency shall notify the applicant of such purport by stating detailed reasons therefor. <Amended by Presidential Decree No. 24366, Feb. 15, 2013>
(4) A written opinion presented under Article 58 of the Act shall be simple and clear; and, when necessary, related evidence and other materials may be attached thereto.
(5) A written opinion presented under paragraph (4) may be substituted with a submission of documents recording the opinion to be stated.
(6) A notice prescribed in paragraph (2) or (3) shall be given in writing or by such simplified means of notification as telephone, mobile text messaging, facsimile, or e-mail, etc. stated in the relevant request for examination or request for adjudgment. <Newly Inserted by Presidential Decree No. 24366, Feb. 15, 2013>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 48 (Notice of Disposition by Commissioner of National Tax Service, etc.)
When the head of a tax office makes a disposition, pursuant to Article 44-2 or by a request for correction under the Board of Audit and Inspection Act, he/she shall describe the purport thereof additionally on the notice of relevant disposition.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 48-2 (Public Representative)
(1) Any person who intends to apply for the appointment of a public representative pursuant to Article 59-2 (1) of the Act shall submit documents included with the following matters to the ruling agency: <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1. Name and domicile or residence of a person who files a formal objection, request for examination or request for adjudgment (hereinafter in this Article referred to as "person who files a formal objection, etc.");
2. Fact that he/she meets requirements in subparagraphs of Article 59-2 (1) of the Act;
3. Matters concerning an agreement that the ruling agency may confirm whether requirements in subparagraphs of Article 59-2 (1) of the Act are met.
(2) "Amounts prescribed by Presidential Decree" in Article 59-2 (1) 1 of the Act means the amounts classified as follows:
1. In cases of the amount of gross income: 50 million won. In such cases, where an application for the appointment of a public representative is filed before the deadline for filing a tax return under Article 70 of the Income Tax Act, such application is based on the amount of gross income in the two tax period preceding the tax period to which the filing date of the application belongs, and where an application for the appointment of a public representative is filed after the deadline for filing a tax return, such application is based on the amount of gross income in the tax period preceding the tax period to which the filing date of the application belongs;
2. In cases of the value of property owned: The total amount of the appraisal values of assets under the following items shall be 500 million won:
(a) Land and buildings under Article 94 (1) I of the Income Tax Act;
(b) Passenger cars under subparagraphs 1 and 2 of Article 123 of the Enforcement Decree of the Local tax Act;
(c) Security deposit for lease (including earnest money for lease);
(d) Country club memberships and condominium memberships;
(e) Stocks or investment stakes.
(3) "Amount prescribed by Presidential Decree" in Article 59-2 (1) 3 of the Act means 30 million won. <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
(4) Where a person who files a request for adjudgment requests to select a public representative, the Director of the Tax Tribunal may request the Commissioner of the National Tax Service to confirm whether requirements in subparagraphs of Article 59-2 (1) of the Act are met. <Newly Inserted by Presidential Decree No. 27833, Feb. 7, 2017>
(5) In addition to matters prescribed in paragraphs (1) through (4), matters necessary for the operation of the public representative system, such as methods of assessment of property owned by a person who files a formal objection, etc., the term of office or commission of a public representative, methods and procedures for filing an application for the appointment of a public representative, shall be prescribed by the Commissioner of the National Tax Service in cases of filing an objection or requesting examination; and by the Director of the Tax Tribunal in cases of requesting judgment, respectively. <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
[This Article Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015]
 Article 49 (Relief for Mistake in Notification of Method of Protest)
(1) In notifying the method of protest, etc. pursuant to Articles 60 of the Act and Article 48 of this Decree, if the notice of protesting method designates the wrong administrative agency to receive protest, when the designated administrative agency receives the application or request, it shall be considered that the lawful administrative agency has received the concerned application for an objection, request for examination or request for adjudgment.
(2) In cases under paragraph (1), the administrative agency that received the application or request due to incorrect notification, shall transfer it to the correct administrative agency without delay and notify the concerned applicant or requester of such fact.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
SECTION 2 Examination
 Article 50 (Written Request for Examination)
(1) Request for examination shall, via the head of the competent tax office, be made by a written request for examination stating the following matters. In such cases, if any related documentary evidence or article of evidence exists, it shall be attached to the written request for examination:
1. The address or domicile, and name of the requester;
2. The date when the disposition became known (if the notice of disposition was received, the date of the receipt);
3. The matters notified or the details of the disposition;
4. The reason for protest.
(2) When the written request for examination has been submitted to the head of a tax office, other than the head of the tax office under Article 62 (1) of the Act, or the commissioner of a regional tax office or the Commissioner of the National Tax Service, the relevant request for examination shall be sent to the head of the competent tax office without delay and shall notify the relevant requester of such fact.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 51 (Request for Examination via Commissioner of Regional Tax Office)
Article 44-2 shall apply mutatis mutandis to the scope of matters that was or should have been investigated, decided or settled by the commissioner of a regional tax office pursuant to the proviso to Article 62 (3) of the Act. In such cases, the "Commissioner of the National Tax Service" in Article 44-2 shall be deemed the "commissioner of a regional tax office."
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 52 (Request for Supplementation or Correction)
(1) The request for supplementation or correction of the details or procedure of the request for examination under Article 63 (1) of the Act (including cases applicable mutatis mutandis under Articles 66 (6) and 81 of the Act) shall be made, in writing stating the following matters:
1. The matters to be corrected or supplemented;
2. The reason for request of correction or supplementation;
3. The period for correction or supplementation;
4. Other necessary matters.
(2) When the ruling agency makes corrections or supplementation ex officio pursuant to the proviso to Article 63 (1) of the Act, it shall notify the relevant applicant for objection, claimant of examination, or claimant of adjudgment in writing of this fact.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 52-2 (Notification of Dispositions Following Results of Re-Investigation)
Where a disposition agency cancels or corrects a disposition which has become the object of a request or makes a necessary disposition according to the results of re-investigation prescribed in Article 65 (5) (including cases applied mutatis mutandis in Articles 66 (6), 81 and 81-15 (5) of the Act) of the Act, it shall notify the person who has filed the request for adjudgment (in cases applied mutatis mutandis in Articles 66 (6), 81 and 81-15 (5) of the Act, referring to the person who file an objection, request for adjudgment or request for pre-taxation review) of the results of the disposition in writing without delay.
[This Article Newly Inserted by Presidential Decree No. 27833, Feb. 7, 2017]
 Article 53 (National Tax Examination Committee)
(1) Matters to be deliberated upon by a National Tax Examination Committee under Article 66-2 of the Act shall be classified as follows:
1. A National Tax Examination Committee established in a tax office or regional tax office: Objections raised under Article 66 of the Act and requests for pre-taxation review in the main sentence of Article 81-15 (1) of the Act;
2. A National Tax Examination Committee established in the National Tax Service: Requests for examination under Article 64 of the Act and requests for pre-taxation review under the proviso to the main sentence of Article 81-15 (1) of the Act.
(2) National Tax Examination Committees shall be comprised of members under the following classification, including one chairperson: <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1. A National Tax Examination Committee established in a tax office: up to 21 members;
2. A National Tax Examination Committee established in a regional tax office: up to 27 members;
3. A National Tax Examination Committee established in the National Tax Service: up to 35 members.
(3) Each of the following persons shall be the chairperson of the respective National Tax Examination Committee:
1. A National Tax Examination Committee established in a tax office: the head of the tax office;
2. A National Tax Examination Committee established in a regional tax office: The commissioner of a regional tax office;
3. A National Tax Examination Committee established in the National Tax Service: The Deputy Commissioner of the National Tax Service.
(4) Each of the following persons shall be the members of the respective National Tax Examination Committee: <Amended by Presidential Decree No. 27833, Feb. 7, 2017; Presidential Decree No. 28644, Feb. 13, 2018>
1. A National Tax Examination Committee established in a tax office: Up to four persons appointed by the head of a regional tax office from among public officials working in the relevant tax office and up to 16 persons commissioned by the chairperson from among persons of abundant knowledge and experience in the field of law or accounting;
2. A National Tax Examination Committee established in a regional tax office: Up to six persons appointed by the Commissioner of the National Tax Service from among public officials working in the relevant regional tax office and up to 20 persons commissioned by the chairperson from among persons of abundant knowledge and experience in the field of law or accounting;
3. A National Tax Examination Committee established in the National Tax Service: Up to ten persons appointed by the Commissioner of the National Tax Service from among public officials under his/her control and up to 24 persons commissioned by the Commissioner of the National Tax Service from among persons of abundant knowledge and experience in the field of law or accounting.
(5) The chairperson shall represent the National Tax Examination Committee and exercise overall control over its affairs.
(6) Where the chairperson of a National Tax Examination Committee is unable to perform his/her duties due to extenuating grounds, a member designated in advance by the chairperson of the National Tax Examination Committee (in cases of the National Tax Examination Committee established in the National Tax Service, referring to the Commissioner of the National Tax Service), from among members under subparagraph of paragraph (4), shall act on behalf of the chairperson.
(7) The term of office of the members commissioned by the chairperson of a National Tax Examination Committee (in cases of the National Tax Examination Committee established in the National Tax Service, referring to the Commissioner of the National Tax Service), from among members under paragraph (4) (hereinafter referred to as "private sector members"), shall be two years.
(8) Where a committee member falls into any of the following cases, the Commissioner of the National Tax Service (in cases of National Tax Examination Committees established in tax offices, referring to the heads of regional tax offices) may remove or dismiss such committee member: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Where the committee member is unable to perform duties due to a mental or physical disability;
2. Where the committee member has breached any of his/her duties;
3. Where the committee member is deemed unsuitable to be a committee member due to neglecting duties, demeaning behavior or other grounds;
4. Where the committee member explicitly states in person that it is impractical for him/her to perform his/her duties;
5. Where the committee member fails to abstain from participating in examination, even though he/she falls under any of the grounds prescribed in subparagraphs of paragraph (14).
(9) Where deliberation under paragraph (1) is necessary, the chairperson of a National Tax Examination Committee shall set a date and call a meeting of the National Tax Examination Committee and preside over the meeting.
(10) The meetings of a National Tax Examination Committee shall be formed with the chairperson and persons designated by the chairperson for each meeting pursuant to the following classification; and the majority of such persons shall be private sector members:
1. A National Tax Examination Committee established in a tax office: Six persons;
2. A National Tax Examination Committee established in a regional tax office: Eight persons;
3. A National Tax Examination Committee established in the National Tax Service: Ten persons.
(11) Where the chairperson of National Tax Examination Committee sets a date under paragraph (9), he/she shall issue a notice to the members designated under paragraph (10) and the relevant claimant for the examination or the applicant at least seven days before such date.
(12) The meetings of the National Tax Examination Committee shall be held with the attendance of a majority of the members thereof; and adopt resolutions by the affirmative vote of a majority of members present.
(13) "Where a request for examination, etc. has been filed after the period of request elapsed or any grounds prescribed by Presidential Decree occur" in the proviso to Article 64 (1) of the Act, means any of the following cases:
1. Where the details of a request for examination are insignificant matters prescribed by Ordinance of the Ministry of Strategy and Finance;
2. Where a request for examination is filed after the period for request for examination elapses.
(14) Where a member of the National Tax Examination Committee falls under any of the following, the member shall be excluded from participation in examination: <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
1. Where the member is a person who files a request for examination, or is a current or former representative under Article 59 of the Act;
2. Where the member is a current or former relative of a person prescribed in subparagraph 1;
3. Where the member is a current or former employee of a person prescribed in subparagraph 1;
4. Where the member testified or made an appraisal concerning a disposition that causes dissatisfaction or a formal objection to the disposition;
5. Where the member participated in a disposition objected, a formal objection to the disposition or a tax investigation which constituted the foundation thereof within the last five years before the filing date of a request for examination;
6. Where the member belongs to a corporation or organization falling under subparagraph 4 or 5, or belonged to such corporation or organization within five years preceding the filing date of a request for examination;
7. Where the member participates or participated in the business of a person who files a request for examination or his/her representative.
(15) Where a member of the National Tax Examination Committee falls under any of the subparagraphs of paragraph (14), the member shall avoid to participate in its deliberation or resolution of the relevant matter. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
(16) The chairperson shall report resolutions made at the meeting of the National Tax Examination Committee to the Commissioner of the National Tax Service. <Amended by Presidential Decree No. 26066, Feb. 3, 2015>
(17) The National Tax Examination Committee shall have one administrative secretary to conduct its general affairs; and the chairperson shall appoint the administrative secretary from among public officials under his/her jurisdiction. <Amended by Presidential Decree No. 26066, Feb. 3, 2015>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 53-2 (Correction of Decision)
When the Commissioner of the National Tax Service corrects a decision under Article 65-2 of the Act, he/she shall, without delay, notify the claimant thereof with a correction report.
[This Article Wholly Amended by Presidential Decree No. 24366, Feb. 15, 2013]
 Article 54 (Application for Objection)
(1) Article 50 shall apply mutatis mutandis to the application for objection.
(2) Article 44-2 shall apply mutatis mutandis to the scope of matters to has been or should have been investigated, decided or settled by the commissioner of a regional tax office under Article 66 (2) of the Act. In such cases, the "Commissioner of the National Tax Service" in Article 44-2 shall be deemed the “commissioner of a regional tax office.”
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 54-2 Deleted. <by Presidential Decree No. 21316, Feb. 6, 2009>
SECTION 3 Adjudgment
 Article 55 (Request for Adjudgment)
(1) Article 50 shall apply mutatis mutandis to a request for adjudgment.
(2) When a request for adjudgment is directly submitted to the Director of the Tax Tribunal without undergoing the head of a tax office, the said director shall send a copy of the relevant request for adjudgment to the head of the competent tax office, and notify the applicant of its purport.
(3) The head of the tax office in receipt of a copy of the request for adjudgment under paragraph (2) shall, pursuant to Article 69 (3) and (4) of the Act, submit a reply note, etc. to the Director of the Tax Tribunal.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 55-2 (Qualifications of Tax Judges)
(1) A tax judge under Article 67 (4) of the Act shall be one having the following qualifications:
1. A national public official or local public official of Grade IV or higher or a public official in general service belonging to the Senior Civil Service with service experience for not less than three years in duties related to taxes, or a national public official or local public official of Grade V or higher with service experience for not less than five years;
2. A judge, prosecutor, or military judicial officer with service experience for not less than five years;
3. An attorney-at-law, a certified public accountant, a licensed tax accountant, a licensed customs agent, or a certified public appraiser with service experience for not less than six years;
4. A person holding a position of assistant professor or higher rank in the field of law, accounting, trade, finance, or real estate appraisal in a publicly certified university.
(2) No more than two standing tax judges and non-standing tax judges, shall fall under any of the following subparagraphs, respectively:
1. A person who is appointed to the post of tax judge by meeting the career qualifications under paragraph (1) 1, including a period of service in affairs concerning customs duties or local taxes;
2. A person who is appointed as tax judge based on service experience for not less than six years as a licensed customs agent or certified public appraiser.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 55-3 (Qualifications of Adjudication Investigators)
An adjudication investigator prescribed in Article 67 (8) of the Act shall be public officials of Grade III or IV, who meet either of the following qualifications: <Amended by Presidential Decree No. 24852, Nov. 20, 2013; Presidential Decree No. 28644, Feb. 13, 2018>
1. A person with service experience of not less than two years in national tax (including customs duties) or local tax affairs;
2. A person that is qualified as an attorney-at-law, a certified public accountant, a licensed tax accountant, or a licensed customs agent.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 55-4 (Appointment and Commission of Tax Judge)
(1) The Prime Minister may, when recommending the director or standing tax judges pursuant to Article 67 (3) of the Act, consider the opinions of the Minister of Strategy and Finance and the Minister of the Interior and Safety. <Amended by Presidential Decree No. 24441, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(2) Non-standing tax judges required for performing adjudgment under Article 67 (3) of the Act shall be commissioned by the Prime Minister upon request of the director within budgetary limits.
[This Article Newly Inserted by Presidential Decree No. 20654, Feb. 29, 2008]
 Article 56 (Request for Submission of Plea Materials)
The request for submission of evidence documents and evidences under Article 71 (2) of the Act shall be made in writing.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 57 (Notice of Designation of Tax Judges)
When the Director of the Tax Tribunal designates tax judges in charge pursuant to Article 72 (1) of the Act or changes any tax judge in charge, he/she shall give written notice to the relevant tax judge and the claimant of such fact without delay: Provided, That this shall not apply where some of the tax judges in charge originally designated and notified are excluded from the Council of Tax Judges. <Amended by Presidential Decree No. 24366, Feb. 15, 2013>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 58 (Council of Tax Judges)
One secretary shall be appointed by the Director of the Tax Tribunal from among investigators to handle the relevant administrative affairs of the Council of Tax Judges.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 59 Deleted. <by Presidential Decree No. 16622, Dec. 28, 1999>
 Article 60 (Request for Challenge of Tax Judge in Charge)
A request for challenge of a tax judge in charge under Article 74 (1) of the Act shall be made in writing stating the following matters, within seven days from the receipt of the notice of designation or change of the tax judge in charge set forth in Article 57:
1. Name of the tax adjudicator in charge being challenged;
2. The reason for challenge;
3. The date of receipt of the notice of designation or change of the tax adjudicator in charge.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 61 (Application for Questioning and Inspection)
Application for inspection and questioning under Article 76 (1) of the Act, shall be made within 14 days from the date of receipt of the notice of designation of the tax judge in charge under Article 57, and by a document stating the following items:
1. Action requested;
2. Grounds for the request;
3. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 62 (Small Sum Adjudgment)
"Small amount short of that prescribed by Presidential Decree or minor matters" in the proviso to Article 78 (1) of the Act means those falling under any of the following subparagraphs:
1. Requests for tax appeals, the amount of which is less than 30 million won (ten million won in cases of local taxes), falling under any of the following items:
(a) Matters requested therein do not pertain to the interpretation of Acts and subordinate statutes;
(b) Matters requested therein pertain to the interpretation of Acts and subordinate statutes and, for a similar request, the Council of Tax Judges has already rendered a decision by resolution;
2. A request for adjudgment pertaining to matters other than determination of the tax base and the amount of tax and, for a similar request, the Council of Tax Judges has already rendered a decision by resolution.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 62-2 (Joint Session of Tax Judges)
(1) "Cases prescribed by Presidential Decree" in Article 78 (2) 4 of the Act means cases falling under any of the following cases: <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1. Where the Commissioner of the National Tax Service expects that a decision on the relevant case of request for adjudgment is likely to significantly affect the national tax administration, including the same application to multiple taxpayers, and then requests the Director of the Tax Tribunal to deliberate thereon at the Joint Session of Tax Judges;
2. Other cases where a decision on the relevant case of request for adjudgment is expected to significantly affect the national tax administration or on the rights and duties of taxpayers.
(2) When an examination of a case of request for adjudgment is completed at the Council of Tax Judges, the chief tax judge shall notify without delay the Director of the Tax Tribunal of the detail of the relevant examination to determine whether the relevant case of request for adjudgment should undergo an examination by the Joint Session of Tax Judges pursuant to Article 78 (2) of the Act.
(3) The Director of the Tax Tribunal may seek opinions from the chief tax judge when determining whether the relevant case should undergo an examination by the Joint Session of Tax Judges pursuant to paragraph (2). <Newly Inserted by Presidential Decree No. 24366, Feb. 15, 2013>
(4) Where the Commissioner of the National Tax Service requests a deliberation by the Joint Session of Tax Judges under paragraph (1) 1, he/she shall submit a written request for deliberation by the Joint Session of Tax Judges prescribed by Ordinance of the Ministry of Strategy and Finance to the Director of the Tax Tribunal within 25 days from the date of receipt of the relevant written request for adjudgment under Article 69 (1) of the Act (where a written request for adjudgment is submitted directly to the Director of the Tax Tribunal without being reported to the head of the tax office, referring to the date of receipt of a copy of the relevant written request for adjudgment served by the Director of the Tax Tribunal under Article 55 (2)). <Newly Inserted by Presidential Decree No. 27833, Feb. 7, 2017>
(5) Where the Commissioner of the National Tax Service has filed a request prescribed in paragraph (1) 1, he/she shall not withdraw such request. <Newly Inserted by Presidential Decree No. 27833, Feb. 7, 2017>
(6) Article 58 shall apply mutatis mutandis to the Joint Session of Tax Judges. In such cases, the "Council of Tax Judges" shall be deemed "Joint Session of Tax Judges." <Amended by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 27833, Feb. 7, 2017>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63 (Delivery of Decision Papers)
The delivery of a decision paper on adjudgment to the applicant shall, except for cases where the applicant or agent thereof directly receives it at the Tax Tribunal, be made in any manner determined by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
SECTION 4 Rights Of Taxpayers
 Article 63-2 (Cases where Double Investigations are Allowed)
"Cases prescribed by Presidential Decree" in Article 81-4 (2) 7 of the Act means any of the following cases: <Amended by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 25201, Feb. 21, 2014; Presidential Decree No. 26946, Feb. 5, 2016; Presidential Decree No. 28644, Feb. 13, 2018>
1. Where a general investigation is undertaken against persons suspected of committing tax evasion by disturbing the economic order through speculative investment in real estate, cornering and hoarding, undertaking transactions without authentic documentation, etc.;
2. Where a reinvestigation for the handling of all kinds of assessment data, or a confirmation investigation for determination of the national tax refund is undertaken;
3. Where there exist indisputable data that could lead to the acknowledgement of a tax offense under subparagraph 1 of Article 2 of the Procedure for the Punishment of Tax Offenses Act: Provided, That such data shall not be acknowledged as indisputable data if the Tax Offense Investigation Review Board has deliberated on the undertaking of a tax offense investigation with regard to the said data pursuant to Article 5 (1) 1 of the Procedure for the Punishment of Tax Offenses Act in the first investigation (referring to a tax investigation under Article 81-2 (2) 1 of the Act: hereinafter in this Chapter, the same shall apply) and resolved that the relevant person is clear from suspicion of having committed any tax offense.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-3 (Rearrangement of Jurisdictions over Tax Investigation)
"Cases prescribed by Presidential Decree, including where jurisdiction over the principal business place, etc. of the taxpayer is different from the jurisdiction over the place of tax payment, or it is not proper for the head of the competent tax office or the commissioner of ta regional tax office to conduct the tax investigation" in the proviso to Article 81-6 (1) of the Act means any of the following cases:
1. Where the jurisdictions over the place where the taxpayer actually manages a business and the place where the relevant tax shall be paid are not the same;
2. Where it is deemed not proper for the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place of tax payment to conduct the tax investigation, such as where it is necessary to conduct a fair tax investigation on a taxpayer who is primarily engaged in a business in a certain area;
3. Where a tax investigation is necessary with regard to a person in investment or trade relationship or specially related with the person subject to the tax investigation;
4. Where it is deemed necessary to rearrange jurisdictions in consideration of the workload, tax investigation personnel, etc. of each tax office.
[This Article Newly Inserted by Presidential Decree No. 25201, Feb. 21, 2014]
 Article 63-4 (Standards for Tax Investigation of Taxpayers Not Subjected to Tax Investigation for Long Time)
A tax investigation under Article 81-6 (2) 2 of the Act shall be conducted according to the standards set by the Commissioner of the National Tax Service in consideration of the records of tax payment, tax information, etc. of the relevant taxpayer. <Amended by Presidential Decree No. 24573, Jun. 11, 2013; Presidential Decree No. 25201, Feb. 21, 2014>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-5 (Exemption of Honest Small Business Enterpriser from Tax Investigation)
(1) "An enterpriser whose amount of revenue by category of business does not exceed the amount prescribed by Presidential Decree" in Article 81-6 (5) 1 of the Act means either of the following persons: <Amended by Presidential Decree No. 25201, Feb. 21, 2014>
1. Private individual: A person subject to simple book-keeping under Article 160 (3) of the Income Tax Act;
2. Corporation: A corporation whose revenue amount to be stated in the return of tax base and amount of corporate tax in accordance with Article 60 of the Corporate Tax Act (or the revenue amount converted on a yearly basis if the taxable period is less than one year) is not more than 100 million won.
(2) "An enterpriser whose books and records meet the requirements set by Presidential Decree" in Article 81-6 (5) 2 of the Act means an enterpriser that meets all the following requirements: <Amended by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 25201, Feb. 21, 2014>
1. The account books shall be kept and maintained by the double-entry book-keeping method so that all the details of transactions can be understood objectively;
2. The person shall acquire the membership of credit card merchant under the Specialized Credit Finance Business Act before the beginning of the taxable period and shall not commit any act prescribed in the items of Article 84-2 (1) 3 of the Act during the relevant taxable period (limited to business enterprisers that are obligated to acquire the membership of cash receipt merchant in accordance with Article 162-3 (1) of the Income Tax Act and Article 117-2 (1) of the Corporate Tax Act);
3. The person shall acquire the membership of cash receipt merchants under Article 126-3 of the Restriction of Special Taxation Act before the beginning of the taxable period and shall not commit any act prescribed in the items of Article 84-2 (1) 4 of the Act during the relevant taxable period (limited to business enterprisers that are obligated to acquire the membership of cash receipt merchants pursuant to Article 162-3 (1) of the Income Tax Act and Article 117-2 (1) of the Corporate Tax Act);
4. The person shall open and use a banking account for business pursuant to Article 160-5 of the Income Tax Act (limited to private individuals);
5. The revenue amount, etc. shall meet the guidelines for return prescribed and publicly notified by the Commissioner of the National Tax Service, taking into consideration the increase rate of the average amount of revenue by business type, etc.;
6. The person shall not have any record of having been punished on account of a tax crime during the last three years as of the end of the statutory due date for return and payment for the relevant taxable period;
7. The person shall not have any record of default on national taxes as of the end of the statutory due date for return and payment for the relevant taxable period.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-6 (Notification of Tax Investigation)
(1) Where an advance notice relating to a tax investigation is given to a taxpayer or a tax manager pursuant to Article 81-7 (1) of the Act, it shall be made, in writing stating the following matters: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Name, and address or domicile of the taxpayer or the tax manager;
2. Period of investigation;
3. Cause for investigation, and the taxation items subject to the investigation;
4. Where conducting a partial investigation prescribed in Article 81-11 (3) of the Act, the scope of the relevant partial investigation;
5. Other necessary matters.
(2) "Cases prescribed by Presidential Decree, such as closing business" in the proviso to Article 81-7 (4) of the Act means any of the following cases: <Newly Inserted by Presidential Decree No. 28644, Feb. 13, 2018>
1. Where a taxpayer closes business which has become subject to tax investigation;
2. Where a taxpayer does not have an address or domicile in the Republic of Korea without designating a tax manager;
3. Where a taxpayer or a tax manager refuses to receive or evades a notice of tax investigation.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-7 (Application for Postponement of Tax Investigation)
(1) "Grounds as prescribed by Presidential Decree" in Article 81-7 (2) of the Act means any of the following grounds:
1. When, due to a fire or a natural disaster, business is faced with extreme difficulty;
2. When it is deemed that, due to sickness or a long-term business trip, etc. of the taxpayer or the tax manager, a tax investigation is difficult;
3. When books and records, and/or documentary evidence is seized or provisionally held by a competent administrative agency;
4. When a ground corresponding to subparagraphs 1 through 3 exists.
(2) A person who intends to postpone tax investigation pursuant to the provisions of Article 81-7 (2) of the Act, shall submit a document stating the following matters to the head of the relevant administrative agency:
1. Name, and domicile or temporary domicile of the person who intends to postpone a tax investigation;
2. The intended period of postponement of the tax investigation;
3. Ground for desiring a postponement of the tax investigation;
4. Other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-8 Deleted. <by Presidential Decree No. 25201, Feb. 21, 2014>
 Article 63-9 (Suspension of Tax Investigation)
"Grounds prescribed by Presidential Decree, such as delay in the submission of data by a taxpayer" in Article 81-8 (4) of the Act means any of the following cases: <Amended by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 25201, Feb. 21, 2014; Presidential Decree No. 28644, Feb. 13, 2018>
1. Where a taxpayer applies for the suspension of tax investigation with grounds for applying for postponement of tax investigation under Article 81-7 (2) of the Act;
2. Where it is necessary to collect or submit foreign data, or to consult with other foreign tax-levying authorities in accordance with the commencement of a mutual agreement procedure;
3. Where it is difficult to conduct an investigation in an ordinary manner because a taxpayer falls under any of the following:
(a) Where the whereabout of the taxpayer is unknown;
(b) Where the taxpayer leaves the Republic of Korea;
(c) Where the taxpayer conceals books, documents, etc. or delays or refuses the submission thereof;
(d) Where a labor dispute occurs;
(e) Where any event similar to the above occurs.
4. Deleted; <by Presidential Decree No. 24366, Feb. 15, 2013>
5. Where an official for taxpayer advocate service or official in charge under Article 81-16 (2) requests temporary suspension of tax investigation in accordance with Article 63-15 (1) 1 (including cases delegated pursuant to Article 63-15 (2)).
[This Article Newly Inserted by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-10 (Extending Scope of Tax Investigation)
"Cases prescribed by Presidential Decree, such as where it is confirmed that specific suspicion of tax evasion exists for several taxable periods or is related to other items of tax" in Article 81-9 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 26946, Feb. 5, 2016; Presidential Decree No. 28644, Feb. 13, 2018>
1. Where it is necessary to conduct investigations of the other taxable periods, tax items or headings since specific evidential data on tax evasion on the other taxable periods, tax items or headings have been discovered;
2. Where any tax investigation is changed to a tax offense case under subparagraph 3 of Article 2 of the Procedure for the Punishment of Tax Offenses Act;
3. Where it is necessary to investigate specific items in other taxable periods because a taxpayer is suspected of having committed tax evasion or having made errors in the application of tax-related Acts, identical or similar to tax evasion or errors in the application of tax-related Acts, since specific items in the taxable period subject to investigation for which a taxpayer is evidently suspected of committing tax evasion or makes errors, etc. in the application of tax-related Acts exist in other taxable periods;
4. Other cases prescribed by Ordinance of the Ministry of Strategy and Finance as necessary to extend the scope of tax investigation due to specific suspicion of tax evasion.
[This Article Newly Inserted by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-11 (Methods and Procedures for Temporary Keeping of Account Books, etc.)
(1) Where a tax official intends to temporarily keep account books, etc. prescribed in Article 81-2 (2) 1 of the Act (hereinafter referred to as "account book, etc.") pursuant to Article 81-10 (2) of the Act, he/she shall notify the persons who have justifiable rights, such as a taxpayer, holder or keeper (hereafter in this Article, referred to as " taxpayer, etc."), of the following matters before temporarily keeping the account books, etc.:
1. Grounds for the temporary keeping of account books, etc. among the grounds prescribed in subparagraphs of Article 81-6 (3) of the Act;
2. A statement to the effect that the temporary keeping of account books, etc. is not possible without the consent of the taxpayer, etc.;
3. A statement to the effect that account books, etc. only submitted at the discretion of taxpayers, etc. can be temporarily kept;
4. A statement to the effect that account books, etc. kept temporarily can be returned when requested by taxpayers, etc.
(2) With respect to the account books, etc. for which the taxpayer, etc. does not consent to the temporary keeping thereof on the ground of irrelevance to the purpose or scope of investigation, the taxpayer, etc. may request tax officials to exclude such account books, etc. from the account books, etc. to be temporarily kept. In such cases, tax officials shall not temporarily keep the relevant account books, etc., without justifiable grounds.
(3) Except for cases where account books, etc. are returned pursuant to Article 81-10 (4) and (5) of the Act, tax officials shall return all the account books, etc. kept temporarily by the time the relevant tax investigation is terminated.
[This Article Newly Inserted by Presidential Decree No. 28644, Feb. 13, 2018]
 Article 63-12 (Grounds for Partial Investigation)
(1) "Cases prescribed by Presidential Decree" in Article 81-11 (3) 6 of the Act means the following cases:
1. Where there is a specific accusation that a corporation distributes profits to other stockholders, etc. in a special relationship with the relevant corporation due to trading stocks or investment stakes at values higher or lower than market prices, or capital transactions prescribed in the items of Article 88 (1) 8 of the Enforcement Decree of the Corporate Tax Act and in subparagraph 8-2 of the same paragraph, or receives distributed profits, and confirmation is required for the relevant accusation;
2. Where there is a specific accusation that the details of specific transactions are different from the truth, such as undertaking transactions without authentic documentation and fraud and fictional transactions, for which urgent investigation is required for the security of tax claim.
[This Article Wholly Amended by Presidential Decree No. 28644, Feb. 13, 2018]
 Article 63-13 (Notification of Results of Tax Investigation and Exception Therefrom)
(1) "Matters prescribed by Presidential Decree" in subparagraph 3 of Article 81-12 of the Act means the following matters: <Newly Inserted by Presidential Decree No. 28644, Feb. 13, 2018>
1. Items of tax subject to tax investigation and taxable periods;
2. Where determining or correcting a tax base and tax amount, the grounds therefor;
3. The fact that it is possible to file a revised return prescribed in Article 45 of the Act before the head of the competent tax office determines or revises and notifies tax base and tax amount for the relevant national tax;
4. The fact that it is possible to request pre-assessment review provided for in Article 81-15 of the Act.
(2) "Cases prescribed by Presidential Decree, such as closing business" in the proviso to Article 81-12 of the Act means cases the following cases: <Amended by Presidential Decree No. 27833, Feb. 7, 2017; Presidential Decree No. 28644, Feb. 13, 2018>
1. Where the relevant business has been closed permanently;
2. Where the relevant business has no address or domicile in the Republic of Korea;
3. Where an investigation following a decision of re-investigation prescribed in the proviso to Article 65 (1) 3 of the Act (including cases applied mutatis mutandis in Articles 66 (6) and 81 of the Act) and in the proviso to Article 81-15 (4) 2 is completed;
4. Where a notice of results of tax investigation is rejected or evaded.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-14 (Scope of and Procedures for Requesting Pre-Taxation Review)
(1) "Matters prescribed by Presidential Decree, such as cases where the authentic interpretation of the Commissioner of the National Tax Service is to be changed or a new interpretation is required in regard to Acts and subordinate statutes" in the proviso to Article 81-15 (1) of the Act, means any of the following: <Amended by Presidential Decree No. 27833, Feb. 7, 2017; Presidential Decree No. 28644, Feb. 13, 2018>
1. Changing the authentic interpretation of the Commissioner of the National Tax Service or to require a new interpretation with respect to Acts and subordinate statutes;
2. Requiring a new interpretation with respect to the instruction, regulation, public notice, etc. of the Commissioner of the National Tax Service;
3. Giving advance notice of taxation by the head of a tax office or the commissioner of a regional tax office in the inspection of duties (including corrective measures taken on the spot) by the Commissioner of the National Tax Service on the tax office or the regional tax office;
4. Informing that the amount of request for pre-taxation review is at least one billion won, among matters not falling under subparagraphs 1 through 3;
5. Failing to inform a person subject to disposition of taxation of vindication with regard to findings by the Board of Audit and Inspection before the Board of Audit and Inspection makes a request for correction under the circumstance that the head of a tax office or the head of a regional tax office takes a disposition of taxation according to a request for correction provided for in Article 33 of the Board of Audit and Inspection Act.
(2) "Advance notice of taxation prescribed by Presidential Decree" in Article 81-15 (1) 2 of the Act means any of the following: <Amended by Presidential Decree No. 24573, Jun. 11, 2013; Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 27833, Feb. 7, 2017>
1. An advance notice of taxation given by the head of a tax office or the commissioner of a regional tax office, according to the inspection of duties of such office (including the corrective measures taken on the spot) by the commissioner of the regional tax office or the Commissioner of the National Tax Service, regarding the tax office or the regional tax office;
2. An advance notice of taxation given by the head of a tax office or the commissioner of a regional tax office, according to the investigation of tax data and the on-site investigation, regarding any other person than the taxpayer verified in the tax investigation;
3. An advance notice of taxation to notify tax payment in the amount of at least one million won: Provided, That cases where a disposition of taxation is issued by the head of a tax office or by the commissioner of a local tax service according to the request for correction prescribed in Article 33 of the Board of Audit and Inspection Act; and the person subject to the disposition of taxation is given information on vindication about matters pointed out by the Board of Audit and Inspection before a request for correction is made, shall be excluded herefrom.
(3) "Cases determined by Presidential Decree" in Article 81-15 (2) 4 of the Act means cases falling under any of the following cases: <Amended by Presidential Decree No. 27833, Feb. 7, 2017>
1. Where a partner country which has concluded a tax treaty pursuant to the Adjustment of International Taxes Act requests commencing mutually agreed procedures;
2. Where an investigation is conducted following a decision of re-investigation prescribed in the proviso to Article 65 (1) 3 (including cases applied mutatis mutandis in Articles 66 (6) and 81) and in the proviso to Article 81-15 (4) 2 of the Act.
(4) The head of a tax office, the commissioner of a regional tax office, or the Commissioner of the National Tax Service in receipt of the written request for pre-taxation review under Article 81-12 (1) of the Act shall reserve a decision on the tax base and amount of tax or a corrected decision thereon until the decision is made pursuant to paragraph (3) of the same Article: Provided, That the same shall not apply to cases falling under any subparagraph of Article 81-15 (2) of the Act or where a request is made under paragraph (7) of the same Article.
(5) When any person in receipt of a notification falling under any subparagraph of Article 81-15 (1) of the Act files a request for pre-taxation review, he/she shall submit a written request for pre-taxation review including the following matters, to the head of the tax office or the commissioner of the regional tax office (in cases falling under the proviso to the same paragraph, referring to the Commissioner of the National Tax Service) to whom the relevant notification has been made. In such cases, if any evidence document or material exists, such document or material shall be attached thereto:
1. Name and address or domicile of the requester;
2. Date of receipt of the result of a tax investigation or a notice referred to in any subparagraph of paragraph (2);
3. Claimed amount of tax;
4. Details of and reasons for the claim.
(6) Where a written request for pre-taxation review has been submitted to the head of a tax office or the commissioner of a regional tax office or the Commissioner of the National Tax Service, other than the chief of the tax office or the commissioner of the regional tax office who issued a notice falling under any subparagraph of Article 81-15 (1) of the Act, the relevant written request for pre-taxation review shall be delivered to the head of the competent tax office, the commissioner of the competent regional tax office, or the Commissioner of the National Tax Service without delay; and the relevant claimant shall be notified of a statement to that effect.
(7) Matters necessary for a notification of decision on the request for pre-taxation review, other than those prescribed in paragraphs (1) through (6), shall be determined by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-15 (Qualifications, Duties, etc. of Officials for Taxpayer Advocate Service and Officials in Charge)
(1) Duties and authorities of an official for taxpayer advocate service prescribed in Article 81-16 (2) of the Act (hereinafter referred to as "official for taxpayer advocate service") shall be as follows: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Temporary suspension and suspension of unlawful or unjust tax investigation and unlawful and unjust acts of tax officials in the process of tax investigation;
2. Requests for the correction of unlawful and unjust dispositions (excluding the notification of tax payment in accordance with tax-related Acts);
3. Where it is deemed that any unlawful or unjust disposition is likely to be taken, temporary suspension or suspension of the procedure of such disposition;
4. Matters concerning the improvement of systems and procedures related to tax payment services;
5. Direction and supervision on officials in tax offices and regional tax offices with respect to the affairs of protecting taxpayers' rights (referring to officials placed in tax offices and regional tax office to perform duties to protect taxpayers' rights pursuant to Article 81-16 (2) of the Act: hereinafter referred to as "official in charge of protecting taxpayers");
6. Matters concerning the protection of taxpayers'' rights, such as the resolution of civil petitions for grievance related to taxes;
7. Other matters determined by the Commissioner of the National Tax Service with respect to the protection of taxpayers' rights.
(2) The official for taxpayer advocate service may delegate part of his/her duties and authorities to officials in charge of protecting taxpayers in order to efficiently perform the affairs under paragraph (1). <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
(3) Officials in charge of protecting taxpayers shall be persons meeting the criteria prescribed by the Commissioner of the National Tax Service from among public officials under the National Tax Service, taking into account their position, career, etc. <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
(4) Duties and authorities of officials in charge of protecting taxpayers shall be as follows: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Matters on the protection of taxpayers'' rights, such as resolution of civil petition for grievance related to tax;
2. Affairs delegated under paragraph (2);
3. Other matters prescribed by the Commissioner of the National Tax Service with respect to the protection of taxpayers'' rights.
[This Article Newly Inserted by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 63-16 (Taxpayer Protection Committee)
(1) Each Taxpayer Protection Committee established under Article 81-18 of the Act (hereinafter in this Article, referred to as “Committee”) shall be comprised of members classified as follows, including one chairperson: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Committee established in a tax office: Not more than 14 members;
2. Committee established in a regional tax office: Not more than 18 members;
3. Committee established in the National Tax Service: Not more than 18 members.
(2) The following persons shall serve as the members of a Committee: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Committee established in a tax office: The following persons:
(a) Deleted. <by Presidential Decree No. 28644, Feb. 13, 2018>
(b) One official in charge of protecting taxpayers placed in a tax office to perform duties to protect taxpayers' rights;
(c) Not more than 13 persons commissioned by the commissioner of a regional tax office on recommendation by the head of a relevant tax office, from among lawyers, tax accountants, professors, etc. with abundant knowledge and experience in law or accounting;
2. Committee established in a regional tax office: The following persons:
(a) Deleted. <by Presidential Decree No. 28644, Feb. 13, 2018>
(b) One official in charge of protecting taxpayers placed in a regional tax office to perform duties to protect taxpayers' rights;
(c) Not more than 17 persons commissioned by the Commissioner of the National Tax Service on recommendation by the commissioner of a regional tax office, from among lawyers, tax accountants, professors, etc. with abundant expertise and experience in law or accounting.
3. Committee established in the National Tax Service: The following persons:
(a) One official in charge of protecting taxpayers;
(b) Five experts in the field of tax, law or accounting, who are commissioned by the Commissioner of the National Tax Service, with the recommendation of the Minister of Strategy and Finance;
(c) Two certified public tax accountants having careers of not less than five years who are commissioned by the Commissioner of the National Tax Service, with the recommendation of the President of the Korean Association of Certified Tax Accountants prescribed in Article 18 of the Certified Tax Accountant Act;
(d) Two certified public accountants having careers of not less than five years who are commissioned by the Commissioner of the National Tax Service, with the recommendation of the President of the Korean Institute of Certified Public Accountants prescribed in Article 41 of the Certified Public Accountant Act;
(e) Two attorneys-at-laws having careers of not less than five years who are commissioned by the Commissioner of the National Tax Service, with the recommendation of the President of the Korean Bar Association prescribed by the Attorney-at-Law Act;
(f) Four experts in the field of tax, law or accounting having careers of not less than five years who are commissioned by the Commissioner of the National Tax Service, with the recommendation of non-governmental organizations prescribed in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act.
(3) The chairperson of a Committee (hereinafter in this Article, referred to as “chairperson”) shall represent the Committee and exercise overall control over the affairs of the Committee.
(4) Where the chairperson is unable to perform any of his/her duties due to extenuating grounds, a Committee member previously designated by the chairperson from among Committee members falling under subpararaphs of paragraph (2) and commissioned by the Commissioner of the National Tax Office (referring to the heads of regional tax offices, in cases of Committees established in tax offices) (hereinafter referred to as “external Committee member), shall act on the behalf of the chairperson. <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
(5) The chairperson and the external Committee member shall serve the term of two years, respectively.
(6) Where the chairperson or the external Committee member falls under any of the following cases, the Commissioner of the National Tax Service (referring to the heads of regional tax offices, in cases of Committees established in tax offices) may dismiss the relevant member: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Where the member becomes unable to perform his/her duties due to a mental or physical disability;
2. Where the member has breached any of his/her duties;
3. Where the member is deemed unsuitable to be a Committee member due to neglecting duties, demeaning behavior or other grounds;
4. Where the member explicitly states that it is impractical for him/her to perform his/her duties;
5. Where the member fails to abstain from participating in examination, even though he/she falls under any of the grounds prescribed in subparagraphs of paragraph (12).
(7) If it is deemed necessary to deliberate on the items on the agenda in subparagraphs of Article 81-18 (2) of the Act or in the subparagraphs of paragraph (3) of the same Article, or if a Committee meeting is requested by a Committee member who is an official for taxpayer advocate service or official in charge of protecting taxpayers, the chairperson shall convene a meeting of the Committee by setting a date and chair the meeting. <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
(8) Each Committee meeting shall be constituted by the chairperson, members who are officials for taxpayer advocate service or officials in charge of protecting taxpayers, and the following persons: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Committees established in tax offices: Five persons designated by the Chairperson for each meeting, considering the opinions of the members who are officials in charge of protecting taxpayers;
2. Committees established in regional tax offices: Seven persons designated by the Chairperson for each meeting, considering the opinions of the members who are officials in charge of protecting taxpayers;
3. Committee established in the National Tax Service: Seven persons designated by the Chairperson for each meeting, considering the opinions of the members who are officials in charge of protecting taxpayers.
(9) Each Committee meeting shall be held with the attendance of a majority of all incumbent members; and resolutions shall be adopted with the affirmative vote of a majority of the members present.
(10) Each Committee meeting shall not be open to the public: Provided, That the chairperson may open such meeting to the public on receipt of the opinion of the official in charge of taxpayer advocacy, if deemed necessary.
(11) Each Committee shall have one secretary to handle the general affairs of the Committee; and the secretary shall be designated or appointed as follows: <Amended by Presidential Decree No. 28644, Feb. 13, 2018>
1. Committees established in tax offices: The person designated by the head of a tax office from among the public officials under his/her control;
2. Committees established in regional tax offices The person designated by the head of a regional tax office from among the public officials under his/her control;
3. Committee established in the National Tax Service: The person appointed by the Commissioner of the National Tax Service from among the public officials under his/her control.
(12) Where a member of the Committee falls under any of the following, the member shall be excluded from its deliberation or resolution: <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
1. Where the member undergoes tax investigation (hereinafter in this paragraph referred to as "person subject to investigation") or a person who provides or provided assistance in the tax investigation of a person subject to investigation pursuant to Article 81-5 of the Act;
2. Where the member is or was a relative of a person provided in subparagraph 1;
3. Where the member is or was an employee of a person provided in subparagraph 1;
4. Where the member testified or made an appraisal concerning a tax investigation subject to deliberation;
5. Where the member participated in a return, application or demand filed by a person subject to investigation under the Act or tax-related Acts within the last five years before the date on which a tax investigation begins;
6. Where the member belongs to a corporation or organization falling under subparagraph 4 or 5, or belonged to such corporation or organization within the last five years before the date on which a tax investigation begins;
7. Where the member participates or participated in the business of a person subject to investigation or a person who provides assistance in a tax investigation of a person subject to investigation pursuant to Article 81-5 of the Act.
(13) Where a member of the Committee falls under any of the subparagraphs of paragraph (12), the member shall avoid to participate in deliberation or resolution of the relevant matter for himself/herself. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
(14) In addition to matters prescribed in paragraphs (1) through (13), matters necessary for the composition, operation, etc. of the Committee shall be prescribed by the Commissioner of the National Tax Service. <Amended by Presidential Decree No. 26066, Feb. 3, 2015>
[This Article Newly Inserted by Presidential Decree No. 25201, Feb. 21, 2014]
 Article 63-17 (Taxpayers' Requests for Deliberation, etc. by Taxpayer Protection Committees and Notification of Results, etc. of Deliberation)
(1) Where a taxpayer files a request for deliberation pursuant to Article 81-19 (1) of the Act and a request for cancellation or change pursuant to paragraph (3) of the same Article, he/she shall file such requests in writing.
(2) Where the head of a tax office or the head of a regional tax office notifies results provided for in Article 81-19 (2) of the Act or the Commissioner of the National Tax Service notifies results provided for in paragraph (4) of the same Article, he/she shall make such notification in writing.
(3) "Cases prescribed by Presidential Decree, such as cases where it is obvious that a taxpayer intends to evade a tax investigation" in Article 81-19 (5) of the Act means the following cases:
1. Where a taxpayer obviously evades an investigation by concealing account books, documents, etc. or delaying or refusing the presentation thereof;
2. Where a tax official clearly proves, by data, grounds, etc., that a taxpayer's request for deliberation, or cancellation or change is to evade a tax investigation.
(4) Any taxpayer who intends to apply for making a statement of opinion pursuant to Article 81-19 (7) of the Act shall submit documentation stating the following matters to the head of the competent tax office, the head of the competent regional tax office, or the Commissioner of the National Tax Service:
1. Name of the person making a statement (in cases of corporations, the names of the representatives of the corporations);
2. Address or domicile of the person making a statement;
3. Details to be stated.
(5) The head of any competent tax office, the head of any competent regional tax office or the Commissioner of the National Tax Service who receives an application prescribed in paragraph (4) shall notify the taxpayer of the date and place of appearance and time deemed necessary to make a statement by at least three days before the date on which a Committee meeting is held.
(6) In addition to matters provided for in paragraphs (1) through (5), the Commissioner of the National Tax Service shall determine matters necessary for taxpayers' requests for deliberation by a Taxpayer Protection Committee, and notification of results, etc. of deliberation.
[This Article Newly Inserted by Presidential Decree No. 28644, Feb. 13, 2018]
 Article 63-18 (Provision of Information Necessary for Taxpayers to Exercise Their Right)
(1) The scope of information provided by a tax official pursuant to Article 81-14 (1) of the Act shall be as follows:
1. Where a taxpayer himself/herself requests information: Information related to his/her tax payment;
2. Where a person who is delegated to perform tax affairs by a taxpayer requests information: Information prescribed in subparagraph 1 and not falling under sensitive information prescribed in Article 23 of the Personal Information Protection Act.
(2) Where a tax official provides information pursuant to Article 81-14 (1) of the Act, the tax official shall verify whether a person who requests information is a tax payer himself/herself or a person who is delegated for tax affairs by the taxpayer, by documentation proving his/her identification, such as a resident registration card: Provided, That where the tax official provides information through an information and communications network, he/she shall verify the identity of such person by electronic signature, etc.
(3) In addition to matters prescribed in paragraphs (1) and (2), the Commissioner of the National Tax Service shall determine necessary matters concerning methods, procedures, etc. for providing information necessary for taxpayers to exercise their right.
[This Article Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 64 (Reporting of Designation of Tax Manager)
(1) A person who intends to report the designation of tax manager, pursuant to the former part of Article 82 (3) of the Act, shall submit, to the head of the competent tax office, a document stating the following matters:
1. Name, and address or domicile of the taxpayer;
2. Name, and address or domicile of the tax manager;
3. Reasons for the designation of tax manager.
(2) A person who intends to report the change of tax manager, pursuant to the latter part of Article 82 (3) of the Act, shall submit, to the head of a tax office, a document stating the following matters:
1. Matters enumerated in paragraph (1) 1 and 2;
2. Name, and address or domicile of the tax manager, after the change;
3. Reasons for such change.
(3) When the head of the competent tax office has designated the manager of property or business of a taxpayer as a tax manager pursuant to Article 82 (4) of the Act, he/she shall notify the relevant taxpayer and tax manager of such fact without delay.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 64-2 (Scope of Duties of Tax Manager)
A tax manager may perform the following duties on behalf of a taxpayer:
1. Making reports, applications, or requests, or preparation and submission of other documents prescribed by this Act and tax-related Acts;
2. Receipt of documents issued by the head of a tax office, etc.;
3. Payment of national taxes, etc. or receipt of national tax refunds.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 65 (Measures for Changing Tax Manager)
(1) When the head of a tax office deems that a tax manager is unfit, he/she may, by prescribing deadline, request the taxpayer to change the tax manager.
(2) When the taxpayer who receives a request under paragraph (1) fails to file a report of change of tax manger within the prescribed deadline, it shall be deemed that no tax manager has been established.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 65-2 (Subsidies for Tax Guidance)
(1) An organization which intends to receive subsidies for tax guidance under Article 84 (3) of the Act (hereinafter referred to as "subsidies") shall submit an application for subsidies with the following details stated therein to the Commissioner of the National Tax Service, by January 31 of the year for which such subsidies are sought:
1. Title and address of the applicant organization, and the name of its representative;
2. Details of the tax guidance business;
3. Expenditure required in such tax guidance and amount of subsidies requested;
4. Period of such tax guidance;
5. A measure, if the subsidies granted falls short of the required expenditure.
(2) Where an organization submits an application for subsidies pursuant to paragraph (1), the Commissioner of the National Tax Service shall make a decision on whether to pay the requested subsidies by the end of February of the year concerned, by taking into account the appropriateness, feasibility, and effect of the business.
(3) In making a decision on whether to pay the requested subsidies pursuant to paragraph (2), the Commissioner of the National Tax Service may attach conditions which it deems necessary in attaining the purposes for payment of the subsidies.
(4) When the Commissioner of the National Tax Service makes a decision on whether to pay the requested subsidies, pursuant to paragraph (2), or attaches conditions to granting of the subsidies, pursuant paragraph (3), he/she shall, without delay, notify the applicant for subsidies.
(5) An organization which has received subsidies shall submit to the Commissioner of the National Tax Service a report on the results of the tax guidance business, by January 20 of the year following the year in which subsidies were granted.
(6) When an organization uses the subsidies for other purposes or is in violation of the payment conditions on the subsidies, the Commissioner of the National Tax Service shall partly or wholly revoke the decision for the payment of the subsidies or order the return of the subsidies already paid.
(7) In addition to matters prescribed in paragraphs (1) through (6), other matters necessary for the application for subsidies, and decision, payment, refund, etc. of subsidies, shall be prescribed by Ordinance of the Ministry of Strategy and Finance.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 65-3 (Minimum Limit of Amount to be Notified)
"That prescribed by Presidential Decree" in Article 83 of the Act means 10,000 won. <Amended by Presidential Decree No. 23592, Feb. 2, 2012>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 65-4 (Payment of Bounty)
(1) The amount obtained by multiplying the rate of payment prescribed in the following table by the amount of tax evasion or illegally refunded or deducted (referring to the amount equivalent to 30/100 of the amount obtained by multiplying the tax rate of value-added tax by the supply price, in cases of a violation of the duty to issue a tax invoice under Article 10 (1) through (4) of the Punishment of Tax Offenses Act; hereinafter referred to as "amount of tax evasion, etc." in this Article) may be paid as a bounty to any person falling under Article 84-2 (1) 1 of the Act: Provided, That where such bounty exceeds four billion won, the portion of such excess shall not be paid: <Amended by Presidential Decree No. 24573, Jun. 11, 2013; Presidential Decree No. 25201, Feb. 21, 2014; Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016; Presidential Decree No. 28644, Feb. 13, 2018>
Amount of Tax Evasion, etc. Rate of Payment
At least 50 million won and not more than 500 million won 20/100
More than 500 million won and not more than two billion won 100 million won + 15/100 of the amount in excess of 500 million won
More than two billion won and not more than three billion won325 million won + 10/100 of the amount in excess of two billion won
More than three billion won425 million won + 5/100 of the amount in excess of three billion won
(2) Where the margin of the amount of tax accrues on the grounds falling under each of the following subparagraphs, such margin of the amount of tax shall not be included in the amount of tax evasion, etc.:
1. Where the margin of the amount of tax accrues on the grounds of the difference between the tax accounting and the corporate accounting;
2. Where the margin of the amount of tax accrues on the grounds of a mistake in the appraised value provided for in the Inheritance Tax and Gift Tax Act;
3. Where the margin of the amount of tax accrues on the grounds of a mistake in the reversion year of income and transaction, etc.
(3) The amount obtained by multiplying the rate of payment prescribed in the following table by the amount collected by means of a report on the concealed property (hereinafter in this Article, referred to as "collected amount") may be paid as a bounty to any person falling under Article 84-2 (1) 2 of the Act: Provided, That where such bounty exceeds two billion won, the portion of such excess shall not be paid: <Amended by Presidential Decree No. 24573, Jun. 11, 2013; Presidential Decree No. 25201, Feb. 21, 2014; Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 28644, Feb. 13, 2018>
Amount of Tax Evasion, etc. Rate of Payment
At least 50 million won and not more than 500 million won20/100
More than 500 million won and not more than two billion won 100 million won + 15/100 of the amount in excess of 500 million won
More than two billion won and not more than three billion won325 million won + 10/100 of the amount in excess of two billion won
More than three billion won425 million won + 5/100 of the amount in excess of three billion won
(4) The following amount may be paid as a bounty to a person who falls under Article 84-2 (1) 3 or 4 of the Act in accordance with the amount accrued by refusing to settle by a credit card or to issue a cash receipt or by issuing a credit card or cash receipt differently from the actual facts (in cases of issuing differently from the actual facts, referring to the difference from the amount to be issued; hereinafter in this paragraph, referred to as "refused amount"): Provided, That the amount of bounty less than one thousand won shall be deemed non-existent and the sum of the bounties payable to the same person shall be up to two million won per annum.
Refused AmountAmount of Payment
At least 5,000 won and not more than 50,000 won10,000 won
More than 50,000 won and not more than 2.5 million won The amount corresponding to 20/100 of the refused amount
More than 2.5 million won 500,000 won
(5) "Amount prescribed by Presidential Decree" in the proviso to Article 84-2 (1) of the Act means the amounts under the following classifications: <Amended by Presidential Decree No. 26946, Feb. 5, 2016>
1. The amount of evaded tax or the amount of collected tax: 50 million won;
2. The amount of administrative fines due to failure to perform an obligation to report an overseas financial account (hereinafter in this Article, referred to as "amount of administrative fines"): 20 million won.
(6) "Those prescribed by Presidential Decree" in the proviso to Article 84-2 (1) 3 of the Act means debit cards and prepaid cards pursuant to the Specialized Credit Financial Business Act.
(7) "Those prescribed by Presidential Decree" in Article 84-2 (1) 3 (b) of the Act means debit card receipts and prepaid card receipts.
(8) "Those prescribed by Presidential Decree" in Article 84-2 (1) 3 (b) of the Act means cases where a credit card merchant issues a person, to whom certain goods or services are supplied, a credit card sales slip stating the price of the goods or service more disadvantageously to such person than the price for a transaction by cash (excluding cases where a cash receipt is issued) merely on the ground that it is a transaction by credit card.
(9) Revoking after issuing an issued cash receipt against the wishes of the recipient, to whom certain goods or services are supplied, shall be deemed refusing to issue a cash receipt under Article 84-2 (1) 4 (a) of the Act.
(10) "Those as prescribed by Presidential Decree" in Article 84-2 (1) 4 (b) of the Act means where a cash receipt merchant issues a cash receipt stating the price of the goods or services differently from the actual price merely on the ground of the issuance of the cash receipt.
(11) "Materials prescribed by Presidential Decree" in Article 84-2 (2) 1 (c) of the Act means materials falling under any of the following subparagraphs: <Amended by Presidential Decree No. 23592, Feb. 2, 2012>
1. Materials concerning tax evasion or accounting fraud involved in illegal tax refund or deduction;
2. Materials concerning the speculative transactions of real estate, including land and housing, which are involved in tax evasion;
3. Materials concerning the smuggling and trafficking drugs involved in tax evasion and detrimental to public safety;
4. Materials that are reasonably viewed as critical material in light of the circumstances of methods, details and scales, etc., under which taxes are evaded or illegally refunded or deducted.
(12) "Property prescribed by Presidential Decree" in Article 84-2 (3) 3 of the Act means real estate located in Korea and registered in the name of the defaulter.
(13) A report falling under Article 84-2 (1) 3 of the Act shall be made within one month from the day on which an act set forth under any item of the said subparagraph is committed, and a report falling under Article 84-2 (1) 4 of the Act shall be made within five years from the day on which an act set forth under any item of the said subparagraph is committed, to the head of the competent tax office, the commissioner of the competent regional tax office, or the Commissioner of the National Tax Service. <Amended by Presidential Decree No. 23592, Feb. 2, 2012>
(14) Where a person falls under Article 84-2 (1) 5 of the Act, such person may be paid a bounty of one million won for each report made: Provided, That no bounty shall be paid where it is deemed that any of the following persons who operates a business by using another person's name has no intention to evade taxes or compulsory execution: <Amended by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 26946, Feb. 5, 2016>
1. Where he/she operates a business after obtaining business registration under the name of his/her spouse, lineal ascendant or lineal descendant, or operates a business using business registration under the name of his/her spouse, lineal ascendant or lineal descendant;
2. Where he/she has been registered with a comprehensive credit information collection agency referred to in Article 25 (2) 1 of the Credit Information Use and Protection Act, since he/she failed to repay debts within an agreed period.
(15) An amount obtained by multiplying the rate of payment prescribed in the following table by the amount of administrative fine or the amount of fine (in cases of imprisonment with labor, the amount calculated by applying mutatis mutandis the standards for the imposition of administrative fines set out in Article 51 (3) 3 of the Enforcement Decree of the Adjustment of International Taxes Act) may be paid as a bounty to anyone falling under Article 84-2 (1) 6 of the Act: Provided, That where the bounty exceeds two billion won, the portion of such excess shall not be paid: <Amended by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 25201, Feb. 21, 2014>
Amount of Administrative FineRate of Payment
At least 20 million won and not less than 200 million won15/100
More than 200 million won and not more than 500 million won 30 million won + 10/100 of the amount in excess of 200 million won
More than 500 million won 60 million won + 5/100 of the amount in excess of 500 million won
(16) Any person falling under Article 84-2 (1) 7 of the Act may be paid a bounty of one million won for each reporting of a case whose amount of tax evasion, etc. through the relevant financial assets is at least 10 million won: Provided, That the sum of the bounties payable to the same person shall not exceed 50 million won per annum. <Newly Inserted by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 26066, Feb. 3, 2015>
(17) Notwithstanding paragraph (4), a bounty payable to a person who reports a person in violation of his/her obligations under Article 162-3 (4) of the Income Tax Act or Article 117-2 (4) of the Corporate Tax Act shall be prescribed by the Commissioner of the National Tax Service within the scope not exceeding 20/100 of the refused amount.
(18) The Commissioner of the National Tax Service shall pay a bounty within two months from the last day of the month in which any of the following dates falls: <Amended by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 24573, Jun. 11, 2013>
1. A bounty payable under Article 84-2 (1) 1 of the Act: The date on which a disposition for imposition, etc. is determined after the amount of tax evasion, etc. is paid (in cases of payment of a bounty commensurate with the amount of tax evasion, etc. due to any tax offense provided for in the Punishment of Tax Evaders Act, referring to the determination of a sentence by serving a notice or court decision under Article 15 of the Procedure for the Punishment of Tax Offenses Act) and any of the following periods lapses or all the relevant procedures are completed:
(a) The period for filing a request for examination under Article 61 of the Act and the period for filing a request for adjudgment under Article 68 of the Act;
(b) The period of exclusion for a request for examination provided under Article 44 of the Board of Audit and Inspection Act and the period for instituting a litigation provided under Article 46-2 of the same Act;
(c) The period for bringing a litigation provided under Article 20 of the Administrative Litigation Act;
2. A bounty payable under Article 84-2 (1) 2 of the Act: The date on which the amount corresponding to arrears of the delinquent taxpayer who conceals property is collected in cash;
3. A bounty payable under Article 84-2 (1) 3 through 5 of the Act: The date on which the reported matters are confirmed true;
4. A bounty payable under Article 84-2 (1) 6 of the Act:
(a) In cases of a disposition for imposition of an administrative fine, the date on which the imposition of the administrative fine is determined after the amount of administrative fine is paid and the period for raising objections provided under Article 20 of the Act on the Regulation of Violations of Public Order lapses or the procedures for raising objections under the Non-Contentious Case Procedure Act are completed;
(b) In cases of imprisonment with labor or fine, the date on which the relevant sentence becomes final and conclusive by a court decision;
5. A bounty payable under Article 84-2 (1) 7 of the Act: The date on which the amount of tax evasion, etc. is confirmed.
(19) Where a bounty is paid to a person falling under any subparagraph of Article 84-2 (1) of the Act and if double reporting on the same issue is made, the bounty shall be paid to the person who makes the first report. <Newly Inserted by Presidential Decree No. 24366, Feb. 15, 2013>
(20) Necessary matters concerning the detailed methods, etc. to pay bounties shall be determined by the Commissioner of the National Tax Service. <Newly Inserted by Presidential Decree No. 23592, Feb. 2, 2012>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 65-5 (Cooperation, etc. in Submission of Tax Data)
(1) Where a person who is required to submit tax data, pursuant to Article 85 (1) of the Act, and a person who is required to report data or statistics related to taxes, pursuant to paragraph (2) of the same Article, are operating an electronic computing system, the Commissioner of the National Tax Service may, for the purposes of efficiently executing the administration of national taxes, request the sending of the data concerned through national tax information and communications networks or the submission of the data concerned through electronic record medium, including diskettes and magnetic tapes.
(2) A person who receives the request of paragraph (1) shall, unless any justifiable reasons exist, comply therewith.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 65-6
[Former Article 65-6 moved to Article 63-6]
 Article 65-7 (Keeping and Preservation of Books, etc.)
(1) "Criteria prescribed by Presidential Decree" in Article 85-3 (3) of the Act means any of the following cases:
1. Either save data or keep records pertaining to the development and operation of electronic computing systems, such as the procedure and method, etc. for modifying, supplementing or erasing such saved data, in connection with the production and use of the information storage device;
2. Either have the data which is saved in an information storage device, in such a way as to be easily verifiable, or have devices and procedures prepared to print such data, and store the data in such a way as to make possible, when necessary, the copying of such data to other information storage devices;
3. Information storage devices shall cover transaction details and modified matters and be preserved in such a form that the search and use of such transaction details is possible, so as to enable the determination of the tax base and the amount of tax.
(2) The preservation system of electronic records prescribed under paragraph (1) and other necessary matters shall be determined by the Commissioner of the National Tax Service.
(3) "Those prescribed by Presidential Decree" in the proviso to Article 85-3 (4) of the Act means any of the following documents:
1. Documents, the original copy of which must be preserved in accordance with other Acts and subordinate statutes, including the Enforcement Decree of the Commercial Act;
2. Contracts with signatures and seals affixed with regard to the acquisition or transfer of an asset which needs registration or entry of alterations;
3. Documents submitted or received and copies of written judgement with respect to litigations: Provided, That documents available for re-issuance shall be excluded herefrom;
4. Documents submitted or received with respect to authorization or permission and certificates of authorization or permission: Provided, That documents available for re-issuance shall be excluded herefrom.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 65-8 (Delivery of Certificate of Receipt of Documents)
(1) "Documents prescribed by Presidential Decree" in the main sentence of Article 85-4 (1) of the Act means any of the following documents:
1. Application for objection applications, written requests for reviews, and written requests for adjudgment;
2. Documents with deadlines for submission thereof prescribed by tax-related Acts;
3. Other documents designated by the Commissioner of the National Tax Service as necessary for the protection of taxpayers' rights and interests.
(2) "Cases prescribed by Presidential Decree, such as the return by postal service" in the proviso to Article 85-4 (1) of the Act means any of the following cases:
1. When a taxpayer submits a tax base report, etc. by postal service or fax;
2. When a taxpayer places a tax base report, etc. directly into the designated report box without going through a tax official.
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 66 (Disclosure of List of Large Cases and Habitually Delinquent Taxpayers)
(1) "Ground prescribed by Presidential Decree" in the proviso to Article 85-5 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016; Presidential Decree No. 28644, Feb. 13, 2018>
1. Disclosure of the list of large cases and habitually delinquent taxpayers referred to in Article 85-5 (1) 1 of the Act:
(a) Where the relevant taxpayer has paid at least 30/100 of the taxes in arrears;
(b) Where the relevant taxpayer is in the grace period that defers the recovery of the amount of taxes in arrears according to a decision to authorize the rehabilitation program under Article 243 of the Debtor Rehabilitation and Bankruptcy Act, or the amount of taxes in arrears is being paid according to the payment schedule specified in the rehabilitation program;
(c) Where the National Tax Information Disclosure Deliberative Committee established under Article 85-5 (2) of the Act (hereafter in this Article, referred to as the “Committee”) deems that such disclosure would result in no practical benefit or is improper in consideration of the property status, relevance of minority, and other circumstances of the relevant taxpayer;
(d) Where a consignee liable for tax payment in kind prescribed in Article 3-2 of the Value-Added Tax Act fails to pay a value-added tax related to the liability for tax payment in kind;
2. Disclosure of the list of organizations unconscientiously receiving donations under Article 85-5 (1) 2 of the Act:
(a) Where an objection, such as a formal objection or request for examination, is being raised as to whether the publication falls under the subparagraphs of paragraph (10);
(b) Where the Committee deems that such disclosure would result in no practical benefit or is improper;
3. Disclosure of the list of tax evaders under Article 85-5 (1) 3 of the Act: Where the Committee deems that such publication would result in no practical benefit or is improper;
4. Disclosure of the list of those who violate obligations to report overseas financial accounts under Article 85-5 (1) 4 of the Act:
(a) Where the Committee deems that a person obligated to report overseas financial accounts is likely to violate his/her obligations to make such report;
(b) Where a person obligated to report overseas financial accounts files an amended return or a return after the deadline pursuant to Article 37 of the Adjustment of International Taxes Act (excluding where he/she files an amended return or a return after the deadline after he/she becomes aware that a tax official begins a tax investigation in relation to the relevant overseas financial account or receives a notice to explain taxation data).
(2) The Committee shall be comprised of 20 members under the following classification including one chairperson, and a person appointed by the Commissioner of the National Tax Service among members falling under subparagraph 2 shall serve as the chairperson: <Amended by Presidential Decree No. 26066, Feb. 3, 2015>
1. Eight public officials who are appointed by the Commissioner of the National Tax Service, from among public officials in general service belonging to the Senior Civil Service of the National Tax Service;
2. Twelve persons who are commissioned by the Commissioner of the National Tax Service, from among persons of profound knowledge and experience in law or accounting.
(3) The members of the Committee, commissioned under paragraph (2) 2, shall serve the term of two years.
(4) Meetings of the Committee shall be comprised of the chairperson, five members falling under paragraph (2) 1 and five members falling under subparagraph 2 of said paragraph designated by the chairperson. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
(5) The Committee shall hold a meeting when a majority of members including the chairperson attend; and adopt resolutions with the consent of a majority of the present members. <Amended by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016>
(6) Where a member of the Committee falls under any of the following, the member shall be excluded from its deliberation or resolution: <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
1. Where the member is a person subject to the disclosure of personal particulars, etc. (hereinafter in this paragraph, referred to as "person subject to the disclosure") under the provisions of Article 85-5 (1) 1 through 4 of the Act;
2. Where the member is a current or former relative of a person prescribed in subparagraph 1;
3. Where the member is a current or former employee of a person prescribed in subparagraph 1;
4. Where the member participated in a tax investigation which was the direct cause of such disclosure;
5. Where the member participated in a return, application or demand under the Act concerning persons subject to the disclosure or tax-related Acts within the last five years before the date of disclosure;
6. Where the member belongs to a corporation or organization falling under subparagraph 4 or 5, or belonged to such corporation or organization within the last five years before the date of disclosure;
7. Where the member participates or participated in the business of a person subject to the disclosure.
(7) Where a member of the Committee falls under any of the subparagraphs of paragraph (6), the member shall avoid to participate in deliberation or resolution of the relevant matter: <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
(8) In addition to matters prescribed in paragraphs (2) through (7), the Commissioner of the National Tax Service shall determine necessary matters for the composition and operation of the Committee. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015>
(9) Whether one year has passed from the date on which a national tax falling under Article 85-5 (1) 1 of the Act fell into arrears shall be judged as of December 31 of the year immediately preceding the year to which the date of publication of a list belongs. <Newly Inserted by Presidential Decree No. 26946, Feb. 5, 2016>
(10) "Organizations unconscientiously receiving donations prescribed by Presidential Decree" in Article 85-5 (1) 2 of the Act means organizations which have received donations, falling under any of the following: <Amended by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016; Presidential Decree No. 28644, Feb. 13, 2018>
1. An organization whose aggregate amount of taxes additionally charged is at least ten million won due to its failure to perform its obligations under the Inheritance Tax and Gift Tax Act within the last two years as of December 31 of the year immediately preceding the year to which the date of publication of the list belongs;
2. An organization which fails to prepare and keep the details of issuance by donators pursuant to Article 160-3 of the Income Tax Act or the details of issuance by donating corporations pursuant to Article 112-2 of the Corporate Tax Act for the last three years on the basis of the date of publication of the list;
3. An organization which has delivered donation receipts issued inconsistently from the actual amount of donations and identity of a donator (hereinafter in this Article, referred to as "false receipt") on at least five occasions during the last three years on the basis of the date of publication of the list, on the aggregate of the amount issued is not less than 50 million won;
4. A designated organization, etc. receiving donations prescribed in Article 36 (1) 1 (a) through (d) of the Enforcement Decree of the Corporate Tax Act which is confirmed for the following facts at least twice as of December 31 of the year immediately preceding the year in which the date of publication of the list falls;
(a) The fact of violating the obligations in subparagraphs (excluding subparagraph 1) of Article 36 (5) of the Enforcement Decree of the Corporate Tax Act;
(b) The fact of failing to file a report on the performance or non-performance of obligations, regardless of the request of the competent government office prescribed in the latter part of Article 36 (6) of the Enforcement Decree of the Corporate Tax Act.
(11) For the purposes of disclosing the list of organizations unconscientiously receiving donations, matters to be disclosed shall be the name and representative of an organization, the number of occasions of national taxes additionally collected or the amount thereof, the number of cases where such organization issued false receipts and the amounts thereof, statements of non-performance of obligations, etc. <Amended by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016; Presidential Decree No. 28644, Feb. 13, 2018>
(12) Where a tax official notifies a person subject to the disclosure of a list of the fact that he/she is a person subject to the disclosure of the list pursuant to Article 85-5 (4) of the Act, he/she shall urge the person to pay taxes in arrears, and where the person has grounds for being excluded from the disclosure, he/she shall guide the person so that the person may submit explanatory materials concerning such grounds. <Amended by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016; Presidential Decree No. 27833, Feb. 7, 2017>
(13) For the purposes of disclosing the list of delinquent taxpayers, matters to be disclosed shall be the name, trade name (including the corporate name), age, occupation, domicile, items of taxes in arrears, the deadline for payment, and the summary of taxes in arrears, etc. of delinquent taxpayers, and where a delinquent taxpayer is a corporation, its representative shall also be disclosed. <Amended by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016>
(14) For the purposes of disclosing the list of tax evaders pursuant to Article 85-5 (1) 3 of the Act, matters to be disclosed shall be the name, trade name (including the corporate name), age, occupation, domicile, items of taxation and amounts of tax evasion, etc., summary of judgement, sentence, etc. of tax evaders. In such cases, where the offense of a tax evader falls under the main sentence of Article 18 of the Punishment of Tax Evaders Act, the name, domicile, representative of the relevant corporation or the name, trade name and domicile of the relevant individual shall also be disclosed. <Newly Inserted by Presidential Decree No. 23592, Feb. 2, 2012; Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016>
(15) For the purposes of disclosing the list of persons who have violated obligations to report overseas financial accounts under Article 85-5 (1) 4 of the Act, matters to be disclosed shall be the name, corporate name, age, occupation, domicile, and the amount of tax evasion, etc. of persons who violate obligations to report overseas financial accounts (in cases of a corporation, including its representative). <Newly Inserted by Presidential Decree No. 24366, Feb. 15, 2013; Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016>
(16) Where the Commissioner of the National Tax Service posts the list of persons who have violated obligations to report overseas financial accounts under paragraph (15) on the national tax information and communications network or the bulletin board of the competent tax office pursuant to Article 85-5 (5) of the Act, the Commissioner shall open the list for five years from the date of disclosure: Provided, That where a person who has violated his/her obligations to report overseas financial accounts fails to pay a tax amount, administrative fine and penalty he/she should pay pursuant to tax-related Acts in relation to overseas financial accounts unreported or under-reported, or the execution of his/her punishment has not been completed, the list shall continue to be disclosed. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 26946, Feb. 5, 2016>
[This Article Wholly Amended by Presidential Decree No. 22038, Feb. 18, 2010]
 Article 67 (Publication of Statistical Data)
(1) The Commissioner of the National Tax Service upon receipt of a request for the submission of statistical data under Article 85-6 (1) of the Act (hereinafter referred to as “statistical data”) from the competent standing committee of the National Assembly in accordance with Article 85-6 (4) of the Act shall provide such data within ten days of the date of receiving the request in cases where the time limit for submission is not additionally indicated: Provided, That if it is difficult to prepare and submit the statistical data within such period, the Commissioner may extend the time limit for submission through consultation with the said standing committee.
(2) Where the statistical data requested to be provided from the competent standing committee in accordance with paragraph (1) have not been preserved or managed, or it is not possible to produce such data, the Commissioner of the National Tax Service shall notify the competent standing committee of such fact by attaching the reason therefor.
(3) Where the Commissioner of the National Tax Service provides statistical data to the competent standing committee in accordance with paragraph (1), he/she shall send the copies thereof to the Minister of Strategy and Finance within seven days.
(4) The head of each research institute established pursuant to Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. (hereinafter referred to as the “head of a government-funded research institute”) may request the Commissioner of the National Tax Service to provide statistical data by means of submitting documents including the following matters: <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 28644, Feb. 13, 2018>
1. Name of statistical data;
2. Purpose of use of statistical data;
3. Details and scope of statistical data;
4. Methods of providing statistical data;
(5) The Commissioner of the National Tax Service requested by the head of a government-funded research institute to provide statistical data pursuant to paragraph (4) shall provide statistical data within 30 days from the date he/she is requested to provide statistical data: Provided, That the Commissioner may extend the period of providing statistical data where it is unfeasible to prepare the statistical data within 30 days, in consultation with the head of the government-funded research institute. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 28644, Feb. 13, 2018>
(6) Where the statistical data requested by the head of a government-funded research institute pursuant to paragraph (4) have not been saved, managed or are unfeasible to be produced, the Commissioner of the National Tax Service shall notify the head of the government-funded research institute of the fact along with grounds therefor within 30 days from the date on which he/she is requested to provide the data. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 28644, Feb. 13, 2018>
(7) Where the Commissioner of the National Tax Service provides statistical data to the head of a government-funded research institute pursuant to paragraph (5), the Commissioner may limit the purpose, methods, etc. of use of the statistical data, or request the head of the government-funded research institute to prepare measures necessary to ensure the security of the data. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 28644, Feb. 13, 2018>
(8) In addition to matters prescribed in paragraphs (4) through (7), the Commissioner of the National Tax Service shall determine necessary matters to provide statistical data, such as methods of providing statistical data to the head of a government-funded research institute, in consultation with the head of the government-funded research institute. <Newly Inserted by Presidential Decree No. 26066, Feb. 3, 2015; Presidential Decree No. 28644, Feb. 13, 2018>
[This Article Wholly Amended by Presidential Decree No. 25201, Feb. 21, 2014]
 Article 68 (Handling of Sensitive Information and Personally Identifiable Information)
(1) If it is unavoidable for performing administrative duties related to national taxes under the Act and tax-related Acts, tax officials may handle data containing information on health under Article 23 of the Personal Information Protection Act; criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act; or resident registration number, passport number, driver’s license number, or alien registration number under Article 19 of the same Enforcement Decree.
(2) If it is unavoidable for performing administrative duties related to requests for adjudgment, decision-making on requests for adjudgment, etc. under Articles 55, 67 through 69, 71 through 74, 74-2, 75 through 81 of the Act, the director of the Tax Tribunal, tax judges, adjudication investigators, and public officials assisting those persons may handle data containing personal information specified in paragraph (1).
(3) If it is unavoidable for performing administrative duties related to withholding of taxes, withholding agents under tax-related Acts may handle data containing personal information specified in paragraph (1).
(4) If it is unavoidable for performing administrative duties related to the issuance and submission of evidentiary documents for income deduction, persons issuing evidentiary documents for income deduction and data collection agencies under tax-related Acts may handle data containing personal information specified in paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of the enforcement of Act No. 2679, the Framework Act on National Taxes.
(2) (Relations to other Acts and Subordinate Statutes) Where the former provisions of the Enforcement Decree of the National Tax Collection Act have been cited in other Acts and subordinate statutes, and if, among this Decree, any Article and/or clause which falls under such provisions exists, then such citation shall be deemed to have been of the Article and/or clause concerned of this Decree, in place of such provisions.
ADDENDUM <Presidential Decree No. 8352, Dec. 31, 1976>
This Decree shall enter into force on January 1, 1977.
ADDENDUM <Presidential Decree No. 8650, Aug. 20, 1977>
This Decree shall apply from the date on which the Act on Temporary Measures for Adjustment of the Tax Act by the Implementation of Value-Added Tax enters into force.
ADDENDUM <Presidential Decree No. 8749, Nov. 21, 1977>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 9228, Dec. 30, 1978>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 9693, Dec. 31, 1979>
This Decree shall enter into force on January 1, 1980.
ADDENDUM <Presidential Decree No. 10118, Dec. 31, 1980>
This Decree shall enter into force on January 1, 1981.
ADDENDUM <Presidential Decree No. 10696, Dec. 31, 1981>
This Decree shall enter into force on January 1, 1982.
ADDENDA <Presidential Decree No. 11577, Dec. 31, 1984>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1985.
Article 2 (Applicability Pertaining to Seizure Notifications with Respect to Creditors over Whom National Taxes Takes Priority)
The amended provisions of Article 18 (3) shall be applied from the part of the national taxes of which time limit for payment arrives for the first time, after the enforcement date of this Decree.
Article 3 (Applicability Pertaining to Payment Procedures for Refund of National Taxes Not Requiring Submissions of Certificates of Personal Seal Impressions)
The amended provisions of the proviso of Article 40 (2) shall be applicable to from the part of the national taxes refunded for the first time through the Bank of Korea (local agents of the national treasury included) or a postal service organization after this Decree enters into force.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 12882, Dec. 30, 1989>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1990.
(2) through (5) Omitted.
ADDENDA <Presidential Decree No. 13192, Dec. 31, 1990>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1991.
(2) (Applicability Pertaining to Payment Procedures for Refund of National Taxes Not Requiring Submissions of Certificates of Personal Seal Impressions) The amended provisions of the proviso of Article 40 (2) shall be applicable from the part of the national taxes refunded for the first time through the Bank of Korea or a postal service organization, after this Decree enters into force.
(3) (Application Examples Pertaining to Minimum Level of Amount Notified) The amended provisions of Article 65-3 shall be applicable from the part of the national taxes notified for the first time after this Decree enters into force.
ADDENDA <Presidential Decree No. 13539, Dec. 31, 1991>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1992.
(2) (Application Examples Pertaining to Small Claims Adjudgment) The amended provisions of subparagraph 1 of Article 62 shall be applicable from the first decision made on a request for adjudgment, after this Decree enters into force.
ADDENDUM <Presidential Decree No. 13895, May 27, 1993>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14076, Dec. 31, 1993>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1994.
(2) (Application Examples Pertaining to Organization Regarded as Juristic Person) With respect to an association, foundation, or other organization registered with the competent authority, prior to the enforcement of this Decree which, is newly regarded as a juristic person, pursuant to the amended provisions of subparagraph 1 of Article 8, in respect of income or conduct etc. of such a juristic person, occurring after the enforcement date of this Decree, such an organization, being regarded as a juristic person from the date on which this Decree enters into force, the Acts and subordinate statutes pertaining to national taxes shall be applicable.
ADDENDA <Presidential Decree No. 14473, Dec. 31, 1994>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1995.
(2) (Application Examples Pertaining to Causes Arising Later) The provisions of Article 25-2 shall be applicable from the first part of the national taxes for ex post factor causes after this Decree enters into force.
ADDENDA <Presidential Decree No. 14860, Dec. 30, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1996. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 14870, Dec. 30, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1996. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 14988, Apr. 27, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15014, Jun. 4, 1996>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicability to Small Claims Adjudgment) The amended provisions of subparagraph 1 of Article 62 shall be applicable from the first decision made on a request for adjudgment, after this Decree enters into force.
ADDENDA <Presidential Decree No. 15189, Dec. 31, 1996>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1997: Provided, That the amended provisions of Article 65-8 shall enter into force on July 1, 1997.
(2) (Application Examples Pertaining to Service by Publication) The amended provisions of Article 7-2 shall be applicable from the first document served after this Decree enters into force.
(3) (Application Examples Pertaining to Scope of Interested Parties Who May File Protests) The amended provisions of Article 44 shall be applicable from the part of the national taxes for which an objection application, a written request for review, or a written request for adjudgment is filed for the first time, after this Decree enters into force.
ADDENDA <Presidential Decree No. 15968, Dec. 31, 1998>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 1999.
(2) (Application Examples concerning Minimum Level of Amount Notified) The amended provisions of Article 65-3 shall apply to the initial national taxes notified after this Decree enters into force.
ADDENDA <Presidential Decree No. 16622, Dec. 28, 1999>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2000: Provided, That the amended provisions of Article 1-2 shall enter into force on July 1, 2000, and those of Articles 2 and 4 (2) on the date of its promulgation.
(2) (Examples of General Application to Cases of Request for Adjudgment) The amended provisions of Articles 55 (2) and (3), 61, 62-2, and 63 shall be applicable from the case of request for adjudgment raised first after the enforcement of this Decree.
(3) (Transitional Measures concerning Qualifications of National Tax Judges and Investigators) With respect to national tax judges or investigators who are in active service or commissioned at the time of enforcement of this Decree, the previous provisions shall prevail during their service in the relevant positions, notwithstanding the amended provisions of Articles 552 and 55-3.
ADDENDUM <Presidential Decree No. 17036, Dec. 29, 2000>
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to Articles 30-2, 32, 33 and 34 through 43 shall enter into force on April 1, 2001.
ADDENDA <Presidential Decree No. 17047, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2001.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17830, Dec. 30, 2002>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Application Examples Pertaining to Application for Extension of Time Limit) The amended provisions of Article 3 shall apply to the application for extension of time limit which is made on or after the enforcement date of this Decree.
(3) (Application Examples Pertaining to Method of Appraising Security for Tax Payment) The amended provisions of Article 13 shall apply with respect to the security for tax payment which is offered on or after the enforcement date of this Decree.
(4) (Application Examples Pertaining to Refund of Property Paid in Kind) The amended provisions of Article 43-2 shall apply with respect to the application for payment in kind which is made on or after the enforcement date of this Decree.
(5) (Application Examples Pertaining to Request for Judgment on Propriety before Tax Levying) The amended provisions of Article 63-8 (1) and (2) shall apply with respect to the first notice which is given by the chief of a tax office or the commissioner of a regional tax office on or after the enforcement date of this Decree.
ADDENDA <Presidential Decree No. 18172, Dec. 30, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Application Example concerning Revocation of Extension of Payment Time Limit) The amended provisions of Article 4-2 shall apply, starting with the portion, the payment time limit of which is extended in accordance with Article 6 of the Act, after the enforcement of this Decree.
(3) (Application Example concerning Scope of Delivery by General Mail) The amended provisions of Article 5-2 shall apply, starting with the portion that is delivered first after the enforcement of this Decree.
(4) (Application Example concerning Additional Days of National Tax Imposition Exclusion Period) The amended provisions of Article 12-3 (2) 3 shall apply, starting with the portion, for which the grounds of not fulfilling obligations, etc. accrue after the enforcement of this Decree.
(5) (Application Example concerning Minimum Notice Amount) The amended provisions of Article 65-3 shall apply, starting with the portion that is put on notice after the enforcement of this Decree.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18385, May 10, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18849, May 31, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19461, Apr. 28, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 54-2 (1) 2 and (2) 2, and 63-9 (3) 1, (4) 2, and (5) 2 shall enter into force on June 1, 2006.
(2) (Application Example concerning Expansion of Scope of Judgment on Propriety before Tax Levying) The amended provisions of Article 63-8 (2) 3 shall also apply to anyone who receives the advance notice of taxation before this Decree enters into force.
(3) (Transitional Measures concerning Decision to Authorize Rehabilitation Program pursuant to Debtor Rehabilitation and Bankruptcy Act in Amended Provisions of Article 66 (1) 1-2) The decision to authorize the reorganization program pursuant to the previous Company Reorganization Act shall be deemed the decision to authorize the rehabilitation program pursuant to the Debtor Rehabilitation and Bankruptcy Act pursuant to the amended provisions of Article 66 (1) 1-2.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19893, Feb. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (limited to the provisions relevant to gross real estate tax), 2-2, and 3 of Article 10-2, the former part of Article 12-3 (1) 1, and Article 12-3 (1) 2 shall enter into force on January 1, 2008, while the amended provisions of Article 53 (1), (2), (9), and (10), Article 54-2 (1) through (4) and (6), Article 63-10 (3) through (5) and (8) through (10) and (12), Article 65-4 (4), (6) through (10) and (14) shall enter into force on July 1, 2007.
Article 2 (Application Example concerning Approval on Extension of Time Limit)
Article 4 as amended shall be enforceable to the applications filed for extension of time limit on or after the enforcement date of this Decree.
Article 3 (Application Example concerning Determination of Tax Liability)
Subparagraphs 1, 2-2, and 3 of Article 10-2 as amended shall be enforceable to the cases for which tax liability is incurred on or after the enforcement date of this Decree.
Article 4 (Application Example concerning Initial Date of Reckoning Exclusion Period for National Taxes)
Article 12-3 (1) as amended shall be enforceable to the cases for which tax liability is incurred on or after the enforcement date of this Decree.
Article 5 (Application Example concerning Commencement Date of Extinctive Prescription of Right to Collect National Tax)
Article 12-4 (2) as amended shall be enforceable to the cases for which tax liability is incurred on or after the enforcement date of this Decree.
Article 6 (Application Example concerning Application for Abatement of or Exemption from Additional Tax, etc.)
Article 28 (1) and (3) as amended shall be enforceable to the applications filed for abatement, exemption, etc. on or after the enforcement date of this Decree.
Article 7 (Application Example concerning Exemption of Honest Small Business Proprietors from Tax Investigation)
Article 63-5 as amended shall be enforceable to the cases periodically selected for tax investigation pursuant to Article 81-6 (1) of the Act for the taxable period on which the enforcement date of this Decree falls or thereafter.
Article 8 (Application Example concerning Payment of Bounty)
(1) Article 65-4 (1) and (5) as amended shall be enforceable to the cases where important data are furnished for the first time on or after the enforcement date of this Decree.
(2) Article 65-4 (4) and (6) through (10) and (14) as amended shall be enforceable to the reports made on or after the enforcement date of this Decree.
Article 9 (Transitional Measures for Initial Date in Reckoning Extinctive Prescription of Right to Collect National Taxes)
The initial date reckoning the extinctive prescription of the right to collect national taxes regarding withholding taxes, taxes collected by tax associations, or stamp duties, for which tax liability was incurred before this Decree enters into force, shall be governed by the former provisons, notwithstanding the amended provisions of Article 12-4 (2) 1 through 3.
Article 10 Omitted.
ADDENDA <Presidential Decree No. 20516, Dec. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20622, Feb. 22, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26-2 shall enter into force on October 1, 2008, and the amended provisions of Article 67 on January 1, 2010.
Article 2 (Applicability to Payment of National Taxes by Credit Card, etc.)
The amended provisions of Article 26-2 shall apply, commencing from the first case reported, paid or notified after October 1, 2008.
ADDENDA <Presidential Decree No. 20654, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26-2 shall enter into force on October 1, 2008 and the amended provisions of Article 67 on January 1, 2010.
Article 2 (Applicability to Requirements for Qualification of Tax Adjudicators and Investigators)
The amended provisions of Articles 55-2 (1) 1, 3, and 4, 55-2 (2), 55-3 (1) and 55-4 shall apply, commencing from the tax adjudicator and investigator first appointed or commissioned after this Decree enters into force.
Article 3 (Applicability to Small Claims Adjudgment Cases)
The amended provisions of the parts other than items of subparagraph 1 of Article 62 shall apply, commencing from the first decision of adjudgment made after this Decree enters into force.
Article 4 (Special Cases on Requirements for Qualification of Tax Adjudicators)
"Three years" in Article 55-2 (1) 1 shall be "three years (two years in cases of local taxes)" by December 31, 2012.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 21316, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 65-7 (3) shall enter into force on April 1, 2009.
Article 2 (Applicability to Methods of and Procedures for Questions and Replies on Interpretation of Tax-Related Acts)
The amended provisions of Articles 10 shall apply, commencing from the question first received after this Decree enters into force.
Article 3 (Applicability to Additional Tax against Understated Tax Return)
The amended provisions of Article 27-2 shall apply, commencing from the additional tax against understated tax return first imposed after this Decree enters into force.
Article 4 (Special Cases for Scope of and Request Procedures for PreTaxation Review)
The amended provisions of Article 63-9 (excluding the proviso to paragraph (4) of the same Article) shall apply, commencing from the advance notice of taxation first given after this Decree enters into force.
Article 5 (Applicability to Payment of Bounty)
The amended provisions of Article 65-4 (4) shall apply, commencing from the portion first reported after this Decree enters into force.
Article 6 (Transitional Measures for Succession of Membership for Members of Objection Application Review Committee and Pre-Taxation Review Committee)
Members of the Pre-Taxation Review Committee established in the National Tax Service and members of the Objection Application Review Committee and the Pre-Taxation Review Committee established in regional tax offices and district tax offices under the former provisions at the time when this Decree enters into force, shall be deemed members of the respective National Tax Examination Committees under this Decree, and the term of office of such members shall run on the date when they were commissioned.
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21937, Dec. 31, 2009>
This Decree shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 22038, Feb. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 63-8 through 63-12 and Article 65-4 (16) shall enters into force on April 1, 2010.
Article 2 Deleted. <by Presidential Decree No. 25201, Feb. 21, 2014>
Article 3 (Applicability to Limit of Secondary Tax Liability of Business Transferee)
The amended provisions of Article 23 (2) and (3) shall start applying to the secondary tax liability of business transferee to the business first acquired after this Decree enters into force.
Article 4 (Applicability to Tax Investigations)
The amended provisions of Articles 63-8 through 63-12 shall start applying to the first tax investigation conducted after the amended provisions of Articles 63-8 through 63-12 enters into force under Article 1 of the Addenda.
Article 5 (Applicability to Payment of Bounties)
The amended provisions of Article 65-4 (14) and (16) shall start applying to the report under Article 84-2 (1) 3 or 4 of the Act with respect to the goods or services first provided after the amended provisions of Article 65-4 (14) and (16) under Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 22572, Dec. 30, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Transitional Measures concerning Occurrence Date of Refund of National Taxes)
Where a taxpayer files a tax refund claim under the Income Tax Act, the Corporate Tax Act, the Value-Added Tax Act, the Individual Consumption Tax Act, or the Liquor Tax Act before the last date of the statutory due date of return, the occurrence date of the relevant refund amount of national tax shall be the last date of the statutory due date of return until June 30, 2011, notwithstanding the amended provisions of Article 32 (4).
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23592, Feb. 2, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 65-4 (1), (17) 1 (a) and 66 (10) shall enter into force on July 1, 2012.
Article 2 (Applicability to Change in Report Deadline on Refusal of Issuance of Cash Receipt, etc.)
The amended provisions of Article 65-4 (13) shall apply, commencing from the portion reported under Article 84-2 (1) 4 of the Act with respect to the goods or service first supplied after this Decree enters into force.
Article 3 (Applicability to Payment of Bounty)
The amended provisions of Article 65-4 (17) (excluding Article 65-4 (17) 1 (a)) shall apply, commencing from the data first provided or reported after this Decree enters into force.
Article 4 (Applicability to Disclosing of List of Organizations that Unfaithfully Receive Donations)
The amended provisions of Article 66 (6) 1 shall apply, commencing from the list first disclosed after this Decree enters into force.
ADDENDA <Presidential Decree No. 23878, Jun. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Value of Offered Security for Tax Payment)
The amended provisions of the main sentence of Article 14 (1) shall apply, commencing from the security for tax payment first offered after this Decree enters into force.
ADDENDA <Presidential Decree No. 24366, Feb. 15, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Grounds for Exception from Reduction or Exemption of Penalty Tax)
The amended provisions of Article 29 shall apply to the submission of a revised return of tax base or a return of tax base after the term on or after the date this Decree enters into force.
Article 3 (Applicability to Occurrence Date of Refund of National Taxes)
The amended provisions of subparagraph 6 of Article 32 shall apply to any refund made on or after the date this Decree enters into force.
Article 4 (Applicability to Transfer of National Tax Refund)
The amended provisions of Article 43-4 (2) shall apply to any refund made on or after the date this Decree enters into force.
Article 5 (Applicability to Notice of Application for Statement of Opinion)
The amended provisions of Article 47 (6) shall apply to any application for the statement of opinion on or after the date this Decree enters into force.
Article 6 (Applicability to Notice of Designation of Tax Judges)
The amended provisions of Article 57 shall apply to any notice given on or after the date this Decree enters into force.
Article 7 (Applicability to Suspension of Tax Investigation)
The amended provisions of Article 63-10 shall apply to the accrual of a ground for suspension on or after the date this Decree enters into force.
Article 8 (Applicability to Payment of Bounty)
(1) The amended provisions of Article 65-4 (15) and (18) 5 shall apply to the submission of critical materials on or after the date this Decree enters into force.
(2) The amended provisions of Article 65-4 (19) shall apply to the payment of a bounty made on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 24441, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 24573, Jun. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013: Provided, That the amended provisions of Articles 63-4 and 63-14 (2) 2 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Payment of Bounty)
The amended provisions of Article 65-4 (1), (3) and (18) shall apply to the submission of critical materials under Article 84-2 (1) 1 of the Act or reporting on concealed property under subparagraph 2 of the same paragraph on or after July 1, 2013.
ADDENDA <Presidential Decree No. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jul. 1, 2013. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 24697, Aug. 27, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on Aug. 29, 2013. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on Dec. 12, 2013.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 25201, Feb. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Revised Return of Tax Base)
The amended provisions of Article 25 (2) shall apply beginning from the filing of a revised return on or after the date this Decree enters into force.
Article 3 (Applicability to Rearrangement of Jurisdictions over Tax Investigation)
The amended provisions of Article 63-3 shall apply beginning from a tax investigation conducted on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26066, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Extension of Deadline due to Accidents, etc. Suffered by Certified Tax Accountants, etc.)
The amended provision of Article 2 (1) 8 shall apply to tax returns for which certified tax accountants, etc. apply for extension of the deadline after this Decree enters into force.
Article 3 (Applicability to Withdrawal of Application for Electronic Services Delivery)
The amended provision of Article 6-2 (4) shall apply to documents which taxpayers are allowed to read by connecting to the national tax information and communications network after this Decree enters into force.
Article 4 (Applicability to Methods of Calculation of Value of Security for Tax Payment through Appraisal)
The amended provision of proviso to Article 13 (4) 1 shall apply to tax payments for which taxpayers provide security after this Decree enters into force.
Article 5 (Applicability to Additional Dues on National Tax Refund Following Request for Correction)
The amended provision of Article 43-3 (1) shall apply to tax refunds in which taxpayers make requests for correction after this Decree enters into force.
Article 6 (Applicability to Change, etc. in Percentage of Payment of Prize Money for Reporting Concealed Property)
The amended provisions of Article 65-4 (3) and the main sentence of paragraph (16) of the aforesaid Article shall apply to concealed property reported after this Decree enters into force.
Article 7 (Applicability to Grounds, etc. for Exception of Publication of List of Organizations, etc. Unconscientiously Receiving Donations)
The amended provisions of Article 66 (1) 2 and subparagraph 4 (b) of the aforesaid paragraph shall apply to lists in which personal particulars, etc. are publicized after this Decree enters into force.
Article 8 (Applicability to Period, etc. of Publication of List of Persons Who Have Violated Obligations to Report Overseas Financial Accounts)
The amended provision of Article 65 (15) shall also apply to cases that personal particulars, etc. are publicized before this Decree enters into force. In this case, the enforcement date of this Decree shall be deemed the date of the publication of the list.
Article 9 (Applicability to Publication of Statistical Data to President of Korea Institute of Public Finance)
The amended provisions of Article 67 (4) through (8) shall apply to cases that the President of the Korea Institute of Public Finance requests the Commissioner of the National Tax Service to provide statistical data after this Decree enters into force.
ADDENDA <Presidential Decree No. 26946, Feb. 5, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Payment of Bounty)
Notwithstanding the amended provisions of Article 65-4 (1) and (5), the former provisions shall apply to guidelines for the payment of a bounty to persons falling under Article 84-2 (1) of the Act before this Decree enters into force.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27833, Feb. 7, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 4 and 5 of Articles 25-2, Article 48-2 (1) 1 and 3, and paragraphs (4) and (5) of the same Article, shall enter into force on January 1, 2018.
Article 2 (Applicability to Grounds for Exemption from Provision of Security at the Time of Extension of Due Date for Payment)
The amended provisions of Article 2 (2) shall apply also to the portions for which the extension of due date for payment is requested before this Decree enters into force.
Article 3 (Applicability to Written Opinions)
The amended provisions of Article 47 (2) 3 shall apply also where only a disposition agency applies for a written opinion before this Decree enters into force.
Article 4 (Applicability to Requests for Pre-Taxation Review to the Commissioner of National Tax Service)
The amended provisions of Article 63-14 (1) 3 shall apply to begin from the portions for which a request for pre-taxation review is filed after this Decree enters into force under the circumstances that a corrective measure is taken on the spot and an advance notice of taxation is given accordingly before this Decree enters into force.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees to be amended pursuant to Article 8 of Addenda, which have been promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees.
Article 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28644, Feb. 13, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 63-13, 63-15, 63-16 and 63-17 shall enter into force on April 1, 2018; and the amended provisions of Articles 26-2 (2) and 66 (10) 4 shall enter into force on January 1, 2019.
Article 2 (Applicability concerning Order of Appropriating National Tax Returns for National Taxes, etc.)
The amended provisions of Article 31 (2) shall apply, starting from the portions for which national tax refunds, the payment of which is determined after this Decree enters into force, are appropriated.
Article 3 (Applicability concerning Making A Statement of Opinion)
The amended provisions of Article 47 (2) shall apply, starting from the portions for which an application for making a statement of opinion is filed after this Decree enters into force.
Article 4 (Applicability concerning Public Representatives)
The amended provisions of Article 48-2 (3) shall also apply to cases where an application for raising an objection, a request for examination or a request for adjudication is filed before this Decree enters into force and a request for public representatives is filed after this Decree enters into force.
Article 5 (Applicability concerning Notification of Results of Tax Investigation)
The amended provisions of Article 63-13 (1) shall also apply to ongoing tax investigations as at April 1, 2018.
Article 6 (Applicability concerning Requests for Pre-Taxation Review)
The amended provisions of Article 63-14 (1) shall apply, starting from the portions for which a request for pre-taxation review is filed after this Decree enters into force.
Article 7 (Applicability concerning Disclosure of Lists of Large Cases, Habitually Delinquent Taxpayers, etc.)
The amended provisions of Article 66 (1) 1 (d) shall apply, starting from the portions for which a consignee liable for tax payment in kind fails to pay value-added taxes related to the liability for tax payment in kind after this Decree enters into force.
Article 8 (Transitional Measures concerning Bounties, etc. for Informing of and Reporting on Tax Evasion)
(1) The amended provisions of Article 65-4 (1) and (3) shall apply, starting from the portions for which data are provided or a report is filed after this Decree enters into force.
(2) Notwithstanding the amended provisions of Article 65-4 (1) and (3), the former provisions shall govern the criteria for paying bounties to persons who fall under Article 84-2 (1) of the Act before this Decree enters into force.