Law Viewer

Back Home

ENFORCEMENT RULE ON THE RESTRICTION OF SPECIAL TAXATION ACT

Wholly Amended by Ordinance Of the Economy and Finance No. 76, Apr. 26, 1999

Amended by Ordinance Of the Economy and Finance No. 87, May 24, 1999

Ordinance Of the Economy and Finance No. 106, Sep. 30, 1999

Ordinance Of the Economy and Finance No. 132, Mar. 30, 2000

Ordinance Of the Economy and Finance No. 145, jun. 28, 2000

Ordinance Of the Economy and Finance No. 184, Mar. 28, 2001

Ordinance Of the Economy and Finance No. 224, Sep. 29, 2001

Ordinance Of the Economy and Finance No. 253, Mar. 30, 2002

Ordinance Of the Economy and Finance No. 263, May 17, 2002

Ordinance Of the Economy and Finance No. 306, Mar. 24, 2003

Ordinance Of the Economy and Finance No. 382, Dec. 15, 2003

Ordinance Of the Economy and Finance No. 358, Mar. 6, 2004

Ordinance Of the Economy and Finance No. 379, Apr. 24, 2004

Ordinance Of the Economy and Finance No. 396, Oct. 16, 2004

Ordinance Of the Economy and Finance No. 421, Mar. 11, 2005

Ordinance Of the Economy and Finance No. 305, Oct. 13, 2005

Ordinance Of the Economy and Finance No. 478, Dec. 31, 2005

Ordinance Of the Economy and Finance No. 504, Apr. 17, 2006

Ordinance Of the Economy and Finance No. 512, Jul. 5, 2006

Ordinance Of the Economy and Finance No. 548, Mar. 30, 2007

Ordinance Of the Economy and Finance No. 579, Oct. 29, 2007

Ordinance Of the Economy and Finance No. 584, Nov. 23, 2007

Ordinance Of the Economy and Finance No. 16, Apr. 29, 2008

Ordinance Of the Economy and Finance No. 21, Apr. 30, 2008

Ordinance Of the Economy and Finance No. 36, Oct. 15, 2008

Ordinance Of the Economy and Finance No. 48, Dec. 31, 2008

Ordinance Of the Economy and Finance No. 70, Apr. 7, 2009

Ordinance Of the Economy and Finance No. 96, Aug. 28, 2009

Ordinance Of the Economy and Finance No. 151, Apr. 20, 2010

Ordinance Of the Economy and Finance No. 157, jun. 8, 2010

Ordinance Of the Economy and Finance No. 160, jun. 30, 2010

Ordinance Of the Economy and Finance No. 374, jun. 30, 2010

Ordinance Of the Economy and Finance No. 182, Dec. 31, 2010

Ordinance Of the Economy and Finance No. 204, Apr. 7, 2011

Ordinance Of the Economy and Finance No. 225, Aug. 3, 2011

Ordinance Of the Economy and Finance No. 251, Dec. 30, 2011

Ordinance Of the Economy and Finance No. 264, Feb. 28, 2012

Ordinance Of the Economy and Finance No. 300, Oct. 15, 2012

Ordinance Of the Economy and Finance No. 309, Dec. 31, 2012

Ordinance Of the Economy and Finance No. 322, Feb. 23, 2013

Ordinance Of the Economy and Finance No. 342, Mar. 23, 2013

Ordinance Of the Economy and Finance No. 351, May 14, 2013

Ordinance Of the Economy and Finance No. 355, jun. 28, 2013

Ordinance Of the Economy and Finance No. 373, Oct. 21, 2013

Ordinance Of the Economy and Finance No. 387, Dec. 26, 2013

Ordinance Of the Economy and Finance No. 392, Dec. 30, 2013

Ordinance Of the Economy and Finance No. 402, Feb. 28, 2014

Ordinance Of the Economy and Finance No. 406, Mar. 14, 2014

Ordinance Of the Economy and Finance No. 424, May 26, 2014

Ordinance Of the Economy and Finance No. 428, Jul. 4, 2014

Ordinance Of the Economy and Finance No. 444, Nov. 19, 2014

Ordinance Of the Economy and Finance No. 460, Feb. 13, 2015

Ordinance Of the Economy and Finance No. 478, Mar. 13, 2015

Ordinance Of the Economy and Finance No. 506, Oct. 30, 2015

Ordinance Of the Economy and Finance No. 539, Feb. 25, 2016

Ordinance Of the Economy and Finance No. 555, Mar. 14, 2016

Ordinance Of the Economy and Finance No. 569, Aug. 9, 2016

Ordinance Of the Economy and Finance No. 606, Mar. 10, 2017

Ordinance Of the Economy and Finance No. 614, Mar. 17, 2017

Ordinance Of the Economy and Finance No. 649, Dec. 29, 2017

Ordinance Of the Economy and Finance No. 653, Jan. 9, 2018

Ordinance Of the Economy and Finance No. 669, Mar. 21, 2018

 Article 1 (Purpose)
The purpose of this Rule is to provide for matters delegated by the Restriction of Special Taxation Act and the Enforcement Decree of the Act and matters necessary for enforcement. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005>
 Article 2 (Scope of Small and Medium Enterprises)
(1) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(2) and (3) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(4) "Turnover" in Article 2 (1) 1 of the Enforcement Decree of the Restriction of Special Taxation Act (hereinafter referred to as the "Decree") means the sales turnover on a profit and loss statement prepared in accordance with the Financial Accounting Standards. Provided, that in cases of a start-up business or a division or merger, it means the amount calculated by converting the sales turnover for the taxable year, in which the day immediately following the date of registration of such event (in cases of a start-up business, the date of establishment) is included into the annual sales turnover. <Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(5) "Total assets" in Article 2 (1) of the Decree means the total assets on the statement of financial position prepared in accordance with the Financial Accounting Standards at the end of the relevant taxable year. <Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(6) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(7) Article 2 (2) of the Enforcement Decree of the Adjustment of International Taxes Act shall apply mutatis mutandis to the computation of the indirect holding ratio of outstanding stocks provided for by Article 2 (4) of the Decree. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(8) Whether a business is a related company, as defined in Article 3 (1) 2 (c) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises, shall be determined in accordance with Article 2 (4) of the Decree at the end of the relevant taxable year. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
 Article 3 (Scope of Business Assets)
(1) "Tangible assets specified by Ordinance of the Ministry of Strategy and Finance" in Article 4 (2) of the Decree means the following assets: <Amended by Ordinance of the Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003; Ordinance of the Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
1. Tangible business assets of the relevant business predominantly used (excluding land, and tangible business assets including structures specified in attached Table 1);
2. Vehicles, transports (excluding motor vehicles for private use, among the motor vehicles specified in Article 1 (2) 3 of the Individual Consumption Tax Act), and ships mainly used by a small or medium enterprise (referring to a small or medium enterprise defined in Article 2 (1) of the Decree; hereafter in this Article, referred to as "small or medium enterprise") mainly engaging in a transportation business for such business;
3. Ships that a small or medium enterprise engaging principally in fisheries for its relevant business;
4. Software that a small or medium enterprise directly uses for the relevant business. Provided, that the following software shall be excluded from:
(a) Software used for back-office work, such as personnel management, payroll, accounting and financing;
(b) Software used for general clerical work, such as preparation of documents, charts and presentations;
(c) Basic operating system software for computers, etc.
(2) Assets not in operation shall be excluded from the business assets under paragraph (1). <Amended by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012>
 Article 3-2 (Scope of Finance Lease)
"Finance lease stipulated by Ordinance of the Ministry of Strategy and Finance" in Article 3 of the Decree means leasing of an asset in any of the following cases (hereinafter referred to as "lease"):
1. Where it is agreed to transfer the ownership of the asset subject to the relevant lease (hereafter in this Article, referred to as "leased asset") to the lessee, without consideration or at the amount stipulated in the initial agreement, upon or before expiration of the lease term [referring to a provision to which the condition that terminating the agreement is prohibited is additionally attached (including a provision to which it is deemed that the condition that terminating the agreement is prohibited can be implied, although no express condition prohibiting termination of the agreement exists) and including a provision stipulated by a renewed agreement, if it is agreed at the end of the agreed term by a renewed contract to additionally attach the condition prohibiting termination of the agreement; hereafter in this Article, the same shall apply];
2. Where the right to purchase the leased asset at an amount not more than 10/100 of the acquisition price upon expiration of the lease term vests to the lessee on the date of the commencement of the lease or where the right to renew the lease agreement under the condition that the principal of the renewed agreement shall not be more than 10/100 of the acquisition price vests to the lessee on the date of commencement of the lease;
3. Where the lease term is at least 75/100 of the standard useful years of the leased assets according to the standard operating years specified for each type of asset and for each type of business (the lessee's type of business shall apply) in attached Tables 5 and 6 of the Enforcement Rule of the Corporate Tax Act;4. Where the present value of the minimum lease charge assessed on the date of commencement of lease according to the Financial Accounting Standards is at least 90/100 of the book value of the leased asset;
5. Where the purpose of use of the leased asset is limited to the lessee's specific purpose and diverting the leased asset for any other purpose is impracticable because of an incurrence of excessive expenses.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011]
 Article 4 (Criteria for Determining Business for Assets that are Predominantly Used)
The business for assets that are predominantly used in Article 4 (4) of the Decree shall be determined by comparing the hours or frequency of use of the relevant assets, whichever is the greater in terms of the ratio of use thereof. <Amended by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
 Article 4-2 (Scope of Manufacturing Businesses)
"Businesses specified by Ordinance of the Ministry of Strategy and Finance" in Article 5 (6) of the Decree means the businesses that do not self manufacture products but outsource manufacturing of their products to manufacturers (limited to business entities that have a place of business within the Republic of Korea or in the Gaeseong Industrial District, as defined in subparagraph 1 of Article 2 of the Act on the Support of Gaeseong Industrial District) and meet the following requirements:
1. A business that conducts planning (referring to conception, designing, sample making, etc.) for the products to be manufactured;
2. A business that manufactures the relevant products in its own name;
3. A business that accepts the delivery of the relevant products and is responsible to sell the products.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 4-3 (Scope of Newly Growing Service Industries Eligible for Tax Reduction and Exemption for Newly Established Small or Medium Businesses)
"Newly growing service industries specified by Ordinance of the Ministry of Strategy and Finance" in Article 5 (11) 7 of the Decree refers to the following:
1. The exhibition industry, as defined in the Act on the Development of Exhibition Industry;
2. Other industries for science and technology;
3. The market researching and public polling industry;
4. The advertising agency industry and the outdoor and display advertising industry, among advertising industries.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018]
 Article 5 (Turnover of Small Enterprises)
Turnover under Article 6 (5) of the Decree shall be determined by the sales turnover under Article 2 (4).
[This Article Wholly Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 5-2 (Scope of Assets for Ex Gratia Rental)
"Assets specified by Ordinance of the Ministry of Strategy and Finance" in Article 7-2 (6) of the Decree means the assets specified in Article 8 (1) 1.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 6 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
 Article 7 (Scope of Expenses for Research and Human Resources Development)
(1) "Research institutes or specialized departments" in subparagraph 1 (a) 1) of attached Table 6 of the Decree means the following research institutes or specialized departments (hereinafter referred to as "specialized departments, etc."); and "research and development service business" in subparagraph 1 (a) 1) in attached Table 6 means a research and development business defined in subparagraph 4 (a) of Article 2 of the Special Act on Support of Scientists and Engineers for Strengthening National Science and Technology Competitiveness (hereafter in this Article, referred to as "research development service business"), among the research and development service businesses that reports to the Minister of Science, ICT and Future Planning pursuant to Article 18 (2) of said Act: <Amended by Ordinance of the Ministry of Finance and Economy No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Business-affiliated research institutes or departments specialized in research and development, recognized by the Minister of Science, ICT and Future Planning under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;
2. Corporate-affiliated creative research institutes or specialized corporate creative departments referred to in Article 17-3 (1) of the Framework Act on the Promotion of Cultural Industries.
(2) "Research institutes or specialized departments provided for by Ordinance of the Ministry of Strategy and Finance" in Article 9 (1) 1 (a) of the Decree means specialized departments, etc. and enterprises engaging in research and development service business that only performs research on and development of new growth engines and source technologies referred to in Article 9 (1) 1 (a) of the Decree (hereafter in this paragraph, referred to as "relevant business activities") within the Republic of Korea (hereafter in this Article, referred to as "department specialized in research on and development of new growth engines and source technologies"), among specialized departments, etc. and enterprises engaging in a research and development service business. Provided, that if a research institute or a specialized department performing general research and development projects or an enterprise engaging in a research and development service business forms and operates a separate organization for the relevant business activities, such internal organization shall be deemed a department specialized in research on and development of new growth engines and source technologies. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(3) "Persons specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 1 (a) 1) of attached Table 6 of the Decree means researchers engaged in research in specialized departments, etc., persons directly supporting research activities of such researchers and professionals working for a research and development service business. Provided, that an executive officer who is a stockholder shall be excluded, if such person falls under any of the following subparagraphs: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
1. A person who owns more than 10/100 of the total number of outstanding stocks of the relevant corporation and exercises all his/her stock options;
2. A controlling stockholder referred to in Article 43 (7) of the Enforcement Decree of the Corporate Tax Act or a stockholder who owns more than 10/100 of the total number of outstanding stocks of the relevant corporation among stockholders of the relevant corporation;
3. A person in a special relationship with any of the persons specified in subparagraph 2 (including corporations), as defined as a related person in Article 98 (1) of the Enforcement Decree of the Income Tax Act or Article 87 (1) of the Enforcement Decree of the Corporate Tax Act. In such cases, if a person is an executive officer of the relevant corporation provided for by Article 87 (1) 7 of the Enforcement Decree of the Corporate Tax Act, such person shall be excluded.
(4) "Persons provided for by Ordinance of the Ministry of Strategy and Finance" in Article 9 (1) 1 (a) of the Decree means the persons falling under any of the subparagraphs of paragraph (3). <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(5) "Fees specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 1 (e) of attached Table 6 of the Decree means technical consulting fees paid in return for consulting services provided by any of the following persons in industrial technologies: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
1. Researchers directly engaged in research in a national or public research institute, government-funded research institute, domestic or foreign nonprofit corporation (including affiliated research institutes) or research institute or specialized department of a domestic or foreign enterprise engaging in research for science or technology;
2. Professors (limited to assistant or higher professors) of science or technology, working for a university, college or junior college under the Higher Education Act (including teachers' colleges and colleges of education);
3. Foreign engineers who have been engaged in any of the following industries for at least five years or who have a bachelor's or higher degree and have been engaged in the relevant field for at least three years:
(a) The industries specified in attached Table 4 of the Decree;
(b) Mining industry;
(c) Construction industry;
(d) Engineering business defined in Article 5 (6) of the Decree;
(e) Logistics industry defined in Article 5 (8) of the Decree;
(f) Market survey and public opinion polling business; business management consulting business and public relations service business; service business for maintenance and management of business facilities; service business for consulting and evaluation for education; other service business for educational support (limited to the operation, etc. of exchange student programs), non-financial holding companies; business of technical testing, inspection and analysis; land survey business; drawing service business; business of geological survey and exploration (limited to activities of geological survey and exploration, excluding survey and exploration for the purpose of mining minerals); mapping business; specialized design business; other unclassified, specialized service of science and technology (limited to other unclassified, specialized services of science and technology, excluding mapping and activities for environmental purification and restoration); other service business for supporting the mining industry (limited to activities of exploration of minerals for the purpose of mining); business of soil purification and underground water (limited to activities of soil purification and underground water); and other business for environmental purification and restoration [limited to activities for environmental purification, other than soil and underground water (excluding collection and transportation of oil leaked from ships)];
(h) Medical service business under Article 7 (1) 1 (b) of the Act (limited to international medical tourism coordinators under attached Table 2 of the Enforcement Rule of the National Technical Qualifications Act).
(6) "Institutions specified by Ordinance of the Ministry of Strategy and Finance" in Article 9 (1) 2 of the Decree means the following institutions: Provided, That where research on and development of, a target technology in a field of new growth engines and source technologies is delegated to any of the institutions specified in subparagraphs 4 through 6 (excluding phase I clinical trials under subparagraph 7 (a) 6) of attached Table 7 of the Decree, phase II clinical trials under subparagraph 7 (a) 7) of attached Table 7 of the Decree and clinical trials conducted to develop medicines for diagnosing and treating rare diseases under subparagraph 1 of Article 2 of the Rare Disease Management Act), such institutions shall be limited to those located within the Republic of Korea: <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. A university, college or junior college under the Higher Education Act;
2. A national or public research institute;
3. A government-funded research institute;
4. A nonprofit corporation (including a research institute affiliated to a nonprofit corporation);
5. A research institute or specialized department of an enterprise (limited to projects directly performed by a specialized department, etc. performing only research on and development of, new growth engines or source technologies);
6. An enterprise engaging in research and development service business under the Special Act on Support of Scientists and Engineers for Strengthening National Science and Technology Competitiveness.
(7) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009>
(8) "Expenses specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 2 (a) 5) of attached Table 6 of the Decree means the following expenses for training by researchers engaged in research in a specialized department, etc.: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
1. Expenses incurred to delegate training to domestic and foreign enterprises (in cases of domestic enterprises, limited to the enterprises that have a specialized department, etc.);
2. Expenses incurred to entrust training to the Korea Productivity Center established pursuant to the Industrial Development Act.
(9) "Expenses specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 2 (b) of attached Table 6 of the Decree means the following expenses: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012>
1. Expenses incurred in procuring materials for practical exercise, where an employer conducts a training program for developing vocational skills in accordance with subparagraph 1 of Article 2 of the Act on the Development of Vocational Skills of Workers (hereinafter referred to as "training program for developing vocational skills"), jointly or separately with other employer(s) (limited to where such expenses do not constitute direct material cost from the manufacturing costs of the products produced or manufactured by the relevant enterprise);
2. Necessary expenses for subsidizing examinations conducted for technical qualification under Article 20 (1) 2 of the Act on the Development of Vocational Skills of Workers;
3. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012>
4. Salaries for teachers for development and training of vocational skills under Article 33 of the Act on the Development of Vocational Skills of Workers;
5. Training allowances, meal allowances, expenses for training and teaching materials and expenses for materials for occupational training that are paid and provided to trainees who attend a training program conducted by an employer jointly or separately with other employer(s) for developing vocational skills and recognized as a training course by the Minister of Employment and Labor under Article 24 of the Act on the Development of Vocational Skills of Workers.
(10) "Expenses specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 2 (d) of attached Table 6 of the Decree means the following expenses: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Personnel expenses for coaching staff members and expenses incurred in coaching;
2. Expenses for training and teaching materials and materials for practical exercise in a training program for development of vocational skills;
3. Expenses for renting facilities for development of and training for vocational skills;
4. Expenses disbursed by a small or medium enterprise to the Performance Compensation Fund for Core Personnel of Small and Medium Enterprises under the Special Act on Support for Human Resources of Small and Medium Enterprises: Provided, That the expenses disbursed under item (a) shall be excluded from those eligible for tax credit; and the amount refunded under item (b) shall be subtracted from the disbursed expenses:
(a) Expenses disbursed for a person under any of the subparagraphs of Article 26-6 (1) of the Decree;
(b) An amount refunded to a small or medium enterprise due to early termination within five years after joining the Performance Compensation Fund for Core Personnel of Small and Medium Enterprises (if any amount is not subtracted for the preceding taxable years for the refundable amount, such amount shall be included);
5. Where a Korean national transfers a patent or utility model right not used to a small or medium enterprise (limited to where the small or medium enterprise is not a related person referred to in Article 52 of the Corporate Tax Act or Article 41 of the Income Tax Act) ex gratia, the book value of such patent or utility model right.
(11) "Expenses specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 2 (e) of attached Table 6 of the Decree means the following expenses: Provided, That such expenses shall be for an educational course that requires at least 24 hours: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012>
1. Expenses incurred in internal educational programs conducted within the company on quality management, production management, facility management and logistics management (hereafter in this paragraph, referred to as "quality management, etc.") that are similar to the expenses specified in paragraph (13);
2. Expenses incurred in delegating training, where training for quality management, etc., is delegated to any of the following institutions: Provided, That the delegated training expenses under the Act on the Development of Vocational Skills of Workers and the expenses incurred in delegating training to the Korea Productivity Center established pursuant to the Industrial Development Act shall be excluded:
(a) The National Specialized Administration Training Institute (limited to the training courses conducted by the International Patent Training Department);
(b) The Korean Standards Association established pursuant to the Industrial Standardization Act;
(c) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010>
(d) The Korea Institute of Design Promotion established pursuant to the Industrial Design Promotion Act;
(e) The Korea Management Association established as an incorporated association under Article 32 of the Civil Act for the purpose of education and training for quality management, etc.;
(f) The training center of the Busan Chamber of Commerce and Industry established pursuant to the Chambers of Commerce and Industry Act;
3. Expenses incurred in delegating education to the Korea Creative Content Agency established pursuant to Article 31 of the Framework Act on the Promotion of Cultural Industries;
4. Expenses incurred in delegating education and training for periodic examination of pilots' operational qualification under the Aviation Act;
5. Expenses incurred in delegating education and training for cooking in overseas hotels and overseas restaurants.
(12) "In-house technical colleges (including graduate schools) and in-house colleges specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 2 (f) of attached Table 6 of the Decree means the following colleges (hereafter in this Article, referred to as "in-house technical colleges, etc."): <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013>
1. In cases of in-house technical colleges: In-house educational and training institutions meeting the standards that the Minister of Education determines in consultation with the Minister of Strategy and Finance, among in-house educational and training institutions with educational facilities for exclusive use and curricula for education and training in the fields of science and technology;
2. In cases of in-house colleges: In-house colleges established pursuant to the Lifelong Education Act.
(13) "Expenses specified by Ordinance of the Ministry of Strategy and Finance" in subparagraph 2 (f) of attached Table 6 of the Decree means the following expenses: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Expenses for teaching materials for education and training; expenses for testing and practical exercise; and expenses for supplies for education;
2. Tuition fees paid to lecturers;
3. Rentals for goods, materials, equipment or facilities directly used for testing and practical exercise for in-house technical colleges, etc.;
4. Education and training and meal stipends paid to trainees of in-house technical colleges, etc. during the period of education and training.
[This Article Wholly Amended by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 7-2 (Scope of Investments in Kind)
"Investment in kind in the manner stipulated by Ordinance of the Ministry of Strategy and Finance" in Article 9 (6) of the Decree means an all-inclusive investment of rights (excluding the right to receivables) and obligations (excluding the obligation to disburse payables) in the relevant business for each business establishment. <Amended by Ordinance of the Ministry of Finance and Economy No. 484, Nov. 23, 2007; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000]
 Article 7-3 (Contributions, etc. Related to Research and Development)
"Acts specified by Ordinance of the Ministry of Strategy and Finance" in Article 9-2 (1) 4 of the Decree means the following Acts: <Amended by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009]
 Article 8 (Scope of Facilities, etc. for Research and Testing)
(1) "Research and testing facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 10 (2) of the Decree means the following facilities directly used for research and testing in specialized departments, etc., the research and development service businesses reported to the Minister of Science, ICT and Future Planning pursuant to Article 18 of the Special Act on Support of Scientists and Engineers for Strengthening National Science and Technology Competitiveness and Article 17 of the Enforcement Decree of said Act, and the industrial technology research cooperatives established pursuant to the Industrial Technology Research Cooperatives Support Act: Provided, That facilities not in operation shall be excluded: <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
1. Tools, office equipment, telecommunications equipment, clocks, testing equipment, measuring equipment, optical equipment, photographing equipment;
2. Assets subject to application of the standard operating years and the range of operating years specified for each type of business in attached Table 6 of the Enforcement Rule of the Corporate Tax Act.
(2) "Facilities provided by Presidential Decree" in Article 10 (3) of the Decree means facilities specified in any of the subparagraphs of paragraph (1) as facilities for developing and training vocational skills (including facilities installed for occupational training for small and medium enterprises under Article 2 (1) of the Decree): Provided, That facilities not in operation shall be excluded. <Amended by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
 Article 8-2 (Scope of Corporations, etc. Managing and Operating Funds)
"Corporation provided by Ordinance of the Ministry of Strategy and Finance" in Article 12 (2) of the Decree means a corporation specified in any of the subparagraphs of Article 56-2 (1) or (2) of the Enforcement Rule of the Corporate Tax Act. <Amended by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009]
 Article 8-3 (Scope of Business Assets for Purpose of Reduction of or Exemption from Corporate Tax, etc. for Enterprises, etc. Moving into Special Research and Development Zones)
"Business assets provided by Ordinance of the Ministry of Strategy and Finance" in Articles 11-2 (2), 116-14 (2), 116-15 (4), 116-21 (4), 116-25 (2), and 116-27 (2) of the Decree means the following assets: <Amended by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
1. Tangible business assets used predominantly for the relevant business;
2. Assets under construction;
3. Intangible fixed assets specified in attached Table 3 of the Enforcement Rule of the Corporate Tax Act.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011]
 Article 8-4 (Requirements, etc. for Exclusive Accounts for Stock Options of Venture Businesses)
(1) "Exclusive account for stock options in the form provided by Ordinance of the Ministry of Strategy and Finance" in Article 14-3 (2) of the Decree means account meeting all the following requirements: <Amended by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. Each of such account shall be opened in the name of an executive officer or employee of a venture business specified in Article 16-4 (1) of the Act (hereafter in this Article, referred to as "executive officer or employee of a venture business");
2. A financial investment business entity referred to in Article 8 (1) of the Financial Investment Services and Capital Markets Act shall open and manage an account under the title "exclusive account for stock options", separate from other trading accounts of the relevant executive officer or employee of a venture business;
3. Only stocks acquired by exercising stock options shall be traded;
4. Agreement shall be concluded in advance to close the relevant account where no stock is deposited within one month upon opening the account.
(2) "Inevitable causes specified by Ordinance of the Ministry of Strategy and Finance, such as death or retirement at the retirement age" in Article 14-3 (5) 3 of the Decree means where an executive officer or employee of a venture business who received a stock option deceases, where the age of such executive officer or employee exceeds the retirement age or where such executive officer or employee retires or resigns due to any other cause for which he/she is not liable.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015]
 Article 8-5 (Scope, etc. of Innovative Small and Medium Enterprises)
(1) "Certifications, etc. specified by Ordinance of the Ministry of Strategy and Finance" in Articles 11-3 (1) 4 (f) and 11-4 (2) 4 (f) of the Decree means certifications, etc. determined and publicly notified by the Minister of Strategy and Finance, among those similar to the certifications, etc. specified in Articles 11-3 (1) 4 (a) through (e) and 11-4 (2) 4 (a) through (e) of the Decree. <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(2) "Technical knowhow or technology specified by Ordinance of the Ministry of Strategy and Finance" in Article 11-3 (3) 1 of the Decree means any of the following technical expertise or technologies registered with and managed by the Korea Institute for Advancement of Technology established pursuant to Article 38 of the Industrial Technology Innovation Promotion Act: <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Technical expertise developed by a merged or acquired corporation through its own activities conducted domestically for research and development in any area of science and technology (excluding industrial property rights and technical expertise related to engineering activities for overseas construction under the Overseas Construction Promotion Act or engineering activities under the Engineering Industry Promotion Act;
2. Technologies defined in subparagraph 1 of Article 2 of the Technology Transfer and Commercialization Promotion Act that have been developed by a merged or acquired corporation through its own activities conducted domestically for research and development.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016]
 Article 8-6 (Requirements for Exclusive Accounts for Stocks for Investment of Industrial Property Rights)
(1) "Account provided by Ordinance of the Ministry of Strategy and Finance" in Article 14-3 (3) of the Decree means an account meeting all the following requirements: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. A person who holds a right specified in any subparagraph of Article 14-4 (1) of the Decree (hereafter in this Article, referred to as "industrial property right") shall open such account in his/her name;
2. A financial investment business entity referred to in Article 8 (1) of the Financial Investment Services and Capital Markets Act shall open and manage the account under "exclusive account for stocks for investment of an industrial property right" separate from other trading accounts of the person holding the industrial property right;
3. Only the stocks of any of the venture businesses, etc. specified in Article 14 (2) of the Decree that have been acquired in consideration for the investment of an industrial property right in such venture business shall be traded;
4. Agreement shall be made in advance to close the relevant account where no stock is deposited within one month upon opening the account.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016]
 Article 8-7 (Scope, etc. of Technical Expertise)
"Technical expertise or technology that meets the requirements stipulated in the Ordinance of the Ministry of Strategy and Finance for the level of revenue, etc." in Article 11 (3) 2 and 3 of the Decree means circumstances meeting all the following requirements:
1. The average sales turnover (sales turnover shall be calculated by the formula provided for in Article 2 (4) of the Decree and the sales turnover for a taxable year of less than one year means sales turnover converted into that for one year; hereafter in this Article, the same shall apply) for the preceding five taxable years of the relevant enterprise or of the related corporation. If the relevant enterprise is a related corporation defined in subparagraph 3 of Article of the Enforcement Decree of the Framework Act on Small and Medium Enterprises, the average sales turnover shall not exceed 50 billion won;
2. The average sales turnover that the relevant enterprise has achieved during the preceding five years by trading any of those specified in Article 11 (3) of the Decree shall not exceed seven billion won;
3. It shall be a technical expertise or technology registered with and managed by the Korea Institute for Advancement of Technology established pursuant to Article 38 of the Industrial Technology Innovation Promotion Act.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 9 (Exemption, etc. of Foreign Engineers from Income Tax)
(1) "Engineering technology license agreement provided for by the Ordinance of the Ministry of Strategy and Finance" in Article 16 (1) 1 of the Decree means a license agreement entered into for engineering technology as defined in subparagraph 5 of Article 2 of the Engineering Industry Promotion Act (limited to license agreements for a contract amount of at least USD 300,000). <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(2) "Requirements stipulated by the Ordinance of the Ministry of Strategy and Finance" in Article 16 (1) 2 of the Decree means the following requirements: <Amended by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
1. A research and development facility shall have at least five full-time employees specialized in research with a bachelor's or higher degree in natural science and at least three-years' research experience or with a masters' or higher degree in natural science;
2. The research and development facility shall have independent research facilities;
3. The amount invested in facilities for research and development shall be at least 100 million won;
4. Foreigners shall own at least 30/100 of the total number of voting stocks issued by the relevant research and development facility or by a foreign capital invested company that established the relevant research and development facility, or of the total amount of investments in such facility.
 Article 10 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 258, Mar. 6, 2004>
 Article 11 (Scope of Securities Denominated in Foreign Currency)
(1) "Those provided for by Ordinance of the Ministry of Strategy and Finance" in Article 18 (4) 1 of the Decree means securities denominated in a foreign currency and issued in accordance with the standards determined by the Minister of Strategy and Finance for foreign exchange transactions. <Amended by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010>
(2) "Foreign securities markets provided for by Ordinance of the Ministry of Strategy and Finance" in Article 18 (4) 2 of the Decree means foreign securities markets similar in function, to the securities markets and the KOSDAQ market established under the Financial Investment Services and Capital Markets Act. <Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009>
 Article 12 (Scope of Investment in Facilities for Improving Productivity)
(1) "Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 21 (2) of the Decree means facilities specified in attached Table 2 and used directly in the relevant business for improving processes, automation and informatization. <Amended by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(2) "Equipment specified by Ordinance of the Ministry of Strategy and Finance" in Article 21 (3) of the Decree means high-tech equipment specified in attached Table 2 and used directly in the relevant business. <Amended by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(3) Deleted. <by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001>
 Article 13 (Scope of Safety Facilities, etc.)
(1) "Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22 (1) 4 of the Decree means the facilities specified in attached Table 3 for rationalizing the distribution industry among the facilities for direct use in the relevant business by any of the following persons:
1. A person engaging in a manufacturing business;
2. A person engaging in the logistics industry referred to in Article 5 (8) of the Decree (hereinafter referred to as "logistics industry");
3. A good chain business entity defined in Article 17 of the Distribution Industry Development Act;
4. A good wholesale delivery service provider defined in Article 28 of the Distribution Industry Development Act.
(2) The industrial accident prevention facilities referred to in Article 22 (1) 6 of the Decree shall be the facilities specified in attached Table 4 for preventing industrial accidents among protective facilities of machinery and apparatuses for preventing industrial accidents that can occur in a place of business. In such cases, if the value of the relevant protective facilities of machinery and apparatuses consisting of presses, cutters, round saws for processing timber and cranes is not less than 30/100 of the value of all machinery and apparatuses fully equipped with the relevant protective facilities, all of such machinery and apparatuses shall be deemed facilities for preventing industrial accidents.
(3) The facilities for maintaining the safety of gas supply facilities as referred to in Article 22 (1) 6 of the Decree shall be the facilities specified in attached Table 5 for gas safety control among the facilities for direct use in the relevant business by an urban gas business entity under the Urban Gas Business Act.
(4) "Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22 (1) 6-2 of the Decree means the facilities specified in attached Table 5-2 for safety control of chemicals. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(5) "Mine safety facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22 (1) 7 of the Decree means the facilities specified in attached Table 6 for safety in mines. <Amended by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(6) "Inspection equipment, etc. specified by Ordinance of the Ministry of Strategy and Finance" in Article 22 (1) 9 of the Decree means the facilities specified in attached Table 7 for preventing hazards. <Amended by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(7) "Technology drain prevention equipment specified by Ordinance of the Ministry of Strategy and Finance" means the equipment specified in attached Table 8 for preventing outflow of technology. <Amended by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(8) "Drilling and mining equipment, etc. provided for by Ordinance of the Ministry of Strategy and Finance" in Article 22 (1) 11 of the Decree means the equipment specified in attached Table 8-2 for developing overseas resources. <Amended by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(9) "Fire engines specified by Ordinance of the Ministry of Strategy and Finance" in Article 22 (3) of the Decree means motor vehicles fully equipped with equipment meeting the standards specified in attached Table 3 of the Rule on Management of Fire-Fighting Equipment. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
(10) "Facilities for reinforcing earthquake-resistance according to the standards provided by Ordinance of the Ministry of Strategy and Finance" in Article 22 (1) 12 of the Decree means facilities reinforced in a building with earthquake-resistance approved under Article 3-4 of the Enforcement Rule of the Act on the Preparation for Earthquakes and Volcanic Eruptions. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(11) "Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22 (1) 12 of the Decree means the facilities specified in attached Table 8-7 for reinforcing earthquake-resistance. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
[This Article Wholly Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 13-2 (Scope of Energy-Saving Facilities)
(1) "Energy-saving type facilities, etc. provided for by Ordinance of the Ministry of Strategy and Finance" in Article 22-2 (1) 1 of the Decree means the energy-saving facilities specified in attached Table 8-3. <Amended by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012>
(2) "Facilities provided for by Ordinance of the Ministry of Strategy and Finance" in Article 22-2 (1) 4 of the Decree means facilities specified in attached Table 8-4 for manufacturing facilities for producing new and renewable energy.
[This Article Wholly Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 13-3 (Scope of Facilities for Environmental Conservation)
(1) "Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22-3 (1) 1 of the Decree means the facilities specified for environmental conservation.
(2) "Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22-3 (1) 2 of the Decree means the facilities for clean manufacturing that are included in the tasks to be performed for the industrial environment under Article 2 of the Act on the Promotion of the Conversion into Environment-Friendly Industrial Structure as of the date of investment.
(3) "Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22-3 (1) 3 of the Decree means the facilities for reducing greenhouse gas emissions under Article 6. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 13-4 (Scope of Facilities for Improving Quality Control of Medical Supplies)
"Facilities specified by Ordinance of the Ministry of Strategy and Finance" in Article 22-4 (1) of the Decree means the facilities (excluding land) subject to the standards for manufacturing and quality management of medical supplies, biological products, etc. specified in attached Tables 1 and 3 of the Rule on Safety of Medical Supplies, etc. <Amended by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 13-5 (Scope, etc. of Facilities for Commercialization of New Growth Technologies)
(1) "Facilities for commercializing eligible technologies in a field of new growth engines and source technology under attached Table 7, as provided for by Ordinance of the Ministry of Strategy and Finance" in Article 22-5 (1) of the Decree means the facilities specified in attached Table 8-8 as those with which an enterprise who has developed an eligible technology in a field of new growth engines and source technology through its own research commercializes the relevant technology.
(2) "The relevant enterprise shall hold a patent created and registered for the first time as a result of its own research on and development of the eligible technology in any field of new growth engines and source technologies as provided for by Ordinance of the Ministry of Strategy and Finance" in Article 22-5 (4) 2 of the Decree means circumstances where the committee for deliberation on new growth engines and source technologies recognizes that the relevant enterprise holds a patent created and registered for the first time as a result of its own research and development of the eligible technology in any field of new growth engines and source technologies and that the patent is essential to facilities for commercializing the relevant technology.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 13-6 (Tax Credit for Cost of Producing Visual Content)
(1) "A producer who meets the requirements provided for by Ordinance of the Ministry of Strategy and Finance" in Article 22-6 (1) of the Decree means a person meeting the following requirements:
1. Where a person produces television dramas, etc. referred to in Article 22-6 (2) 1 of the Decree: The person who is de facto in charge of production of visual content referred to in Article 22-6 (2) of the Decree (hereafter referred to as "visual content") and who meets at least three of the following requirements:
(a) The person shall authorize contracts with authors (referring to persons who write plays, scenarios, etc.);
(b) The person shall authorize contracts with main cast members;
(c) The person shall authorize contracts with managers in charge of at least two fields among major staff members (staff for direction, shooting, editing, lighting, or art);
(d) The person shall administer decision making on all affairs related to disbursement and management of production cost;
2. Where a person produces a motion picture referred to in Article 22-6 (2) 2 of the Decree: The person shall be a motion picture maker defined in subparagraph 9 (a) of Article 2 of the Promotion of the Motion Pictures and Video Products Act who de factor authorizes production of visual content and who meets at least three of the requirements provided for in subparagraph 1.
(2) "A television drama or such specified by Ordinance of the Ministry of Strategy and Finance" in Article 22-6 (2) 1 of the Decree means a drama, animation, documentary [limited to those produced about the nature or cultural heritage of Korea (referring to tangible or intangible cultural heritage, a monument or folk cultural heritage as defined in Article 2 (1) of the Cultural Heritage Protection Act)] (hereafter in this Article, referred to as "drama or any similar work").
(3) Notwithstanding paragraph (2), a broadcast program under any of the following subparagraphs shall be excluded from a drama or any similar work:
1. An advertisement or any other promotional product;
2. A news report, current affairs program or debate program;
3. A quiz show, game show, panel show, variety show, talk show or any program for entertainment;
4. A program including a competition or contest or announcing the results of a competition or contest;
5. A program for live or recorded broadcasting of a play or art performance;
6. A program produced for training;
7. A program for relaying the broadcast of sport games, various award ceremonies or similar events.
(4) "A motion picture repeatedly played for a certain period at a movie theater as provided for by Ordinance of the Ministry of Strategy and Finance" in Article 22-6 (2) 2 of the Decree means a motion picture repeatedly shown for at least seven days at a movie theater: Provided, That if the Korea Film Council under Article 4 of the Promotion of the Motion Pictures and Video Products Act recognizes such motion picture as an art film or independent film, it means a motion picture shown for at least one day.
(5) The showing period under paragraph (4) shall be verified through the integrated computer network for processing movie theater admission tickets under Article 39 of the Promotion of the Motion Pictures and Video Products Act.
(6) "Cost specified by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 22-6 (3) of the Decree means the cost of producing a visual content specified in attached Table 8-9.
(7) "Expenses specified by Ordinance of the Ministry of Strategy and Finance, including the cost of production spent abroad" in Article 22-6 (3) 2 of the Decree means the following expenses:
1. Cost of production spent abroad;
2. Advertising and public relations expenses;
4. Personnel expenses under any of the following items:
(a) An amount equivalent to the retirement income under Article 22 of the Income Tax Act;
(b) Reserves for retirement benefits under Article 29 of the Income Tax Act or Article 33 of the Corporate Tax Act;
5. If the aggregate of performance fees paid to the five highest-paid actors/actresses referred to in subparagraph 2 (a) of attached Table 8-9 exceeds 30/100 of the total amount of product cost, the excess amount.
(8) A person who intends to receive a tax credit under Article 25-6 (1) of the Act may apply for a tax credit for the total production cost in the taxable year in which the last episode of the relevant drama or any similar work is broadcast, where the drama or any similar work is broadcast in a series during multiple taxable years; or may apply for a tax credit for the production cost incurred in each taxable year in which the relevant drama or any similar work is broadcast, as provided in the following subparagraphs:
1. The taxable year in which the first episode of a drama or any similar work is broadcast: The production cost incurred until the pertinent taxable year in connection with the drama or any similar work;
2. The taxable years subsequent to the taxable year in which the first episode of a drama or any similar work is broadcast: The amount calculated by subtracting the production cost incurred until the immediately preceding taxable year from the production cost incurred until the pertinent taxable year (the production cost excluded from the cost eligible for tax credit under paragraph (7) 5 shall not be subtracted).
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 14 (Scope of Business Assets Eligible for Tax Credit for Job-Creating Investment)
"Asset for business specified by Ordinance of the Ministry of Strategy and Finance" in Article 23 (1) of the Decree means any of the business assets specified in Article 3 and the following assets: Provided, That in cases of a person engaging in a special recreation business or general recreation business registered pursuant to the Tourism Promotion Act, such asset shall be limited to the assets specified in subparagraph 5: <Amended by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 48, Dec. 31, 2008; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 387, Dec. 26, 2013; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
1. The machines and equipment specified in Article 3 of the Enforcement Rule of the Local Tax Act among business assets used directly for the relevant business by a person engaging in a construction business;
2. The facilities specified in attached Table 3 for rationalizing the distribution industry among business assets used directly for the relevant business by a person engaging in a wholesale or retail business, the logistics industry or an air transportation business;
3. The buildings specified in Article 6 of the Enforcement Decree of the Local Tax Act among the buildings under the Building Act and structures attached to such buildings for business assets used directly for the relevant business by a person engaging in a tourist lodging business or international convention planning business registered pursuant to the Tourism Promotion Act or a person engaging in a business of operation of a facility for the welfare of older persons under the Welfare of Older Persons Act;
4. The wireless equipment under Articles 68 and 69 of the Enforcement Decree of the Radio Waves Act for business assets acquired by a person engaging in a telecommunications business to rent it to another person, to entrust the operation of such equipment to another person or to use such equipment jointly with another person;
5. The lodging facilities, special recreation facilities (excluding facilities of golf courses) or facilities of a general amusement facility business under Article 2 (1) 3 (a) or 5 (a) of the Enforcement Decree of the Tourism Promotion Act for business assets used directly for the relevant business by a person engaging in a special or general recreation business registered pursuant to the Tourism Promotion Act;
6. The facilities specified in the Enforcement Decree of the Local Tax Act for buildings under the Building Act and structures attached to such buildings for the following assets that a person engaging in a business referred to in any subparagraph of Article 23 (1) of the Decree has acquired or in which such person has invested:
(a) A privately-funded public library registered pursuant to Article 31 of the Libraries Act;
(b) A museum or gallery registered pursuant to Article 16 of the Museum and Art Gallery Support Act;
(c) A theater registered pursuant to Article 9 of the Public Performance Act (excluding movie theaters referred to in Article 36 of the Promotion of the Motion Pictures and Video Products Act);
 Article 14-2 (Tax Credit for Enterprises Increasing Earned Income)
(1) "The largest stockholder or the largest investor of the relevant enterprise as provided for by Ordinance of the Ministry of Strategy and Finance" in Article 26-4 (2) 3 of the Decree means either of the following persons:
1. If the person whose direct holding ratio [referring to the ratio calculated by dividing a corporation's stocks or equity shares held by the person (hereafter in this Article, referred to as "stocks, etc.") by the total number of outstanding stocks of or the total amount of investments in the corporation (excluding treasury stocks and treasury equity shares); hereinafter the same shall apply of the relevant corporation holds the highest amount is an individual, it means such individual;
2. If the person whose direct holding ratio of the relevant corporation is the highest is a corporation, it means the individual whose ratio calculated by aggregating the direct holding ratio of the relevant corporation and the indirect holding ratio calculated by applying Article 2 (2) of the Enforcement Decree of the Adjustment of International Taxes Act.
(2) Pursuant to 26-4 (8) of the Decree, if the average wage increase rate for the immediately preceding taxable year is a negative figure or is less than 30/100 of the average wage increase rate (only if the amount is positive) for the immediately preceding three taxable years, the average wage, the average wage increase rate, the average of the average wage increase rates for the immediately preceding three taxable years (hereafter in this Article, referred to as "the average of the average wage increase rates for the immediately preceding three years"), and the wage increase exceeding the average for the immediately preceding three years under Article 29-4 (2) of the Act (hereafter in this Article, referred to as "wage increase exceeding the average for the immediately preceding three years") shall be calculated by the following formulas respectively:
1. Average wage:
(Average wage for the pertinent taxable year + Average wage for the immediately preceding taxable year)/2
2. Average wage increase rate:
(Average wage under subparagraph 1 - Average wage for the immediately preceding two taxable years)/Average wage for the immediately preceding two taxable years
3. The average of the average wage increase rates for the immediately preceding three taxable years (If the average wage increase rates for the immediately preceding two taxable years or the average wage increase rates for the immediately preceding three taxable years is a negative figure, it shall be deemed zero for the purpose of calculation):
(Average wage increase rate for the immediately preceding two taxable years + Average wage increase rate for the immediately preceding three years)/2
4. Wage increase exceeding the average for the immediately preceding three years:
[Average wage under subparagraph 1 - Average wage for the immediately preceding two taxable years ?(1 + Average of the average wage increase rates for the immediately preceding three taxable years)/Number of full-time employees during the immediately preceding taxable year
(3) "Rate specified by Ordinance of the Ministry of Strategy and Finance" in Article 26-4 (16) of the Decree means 36/1,000. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015]
 Article 14-3 (Scope of Infertility Treatments)
"Infertility treatments specified by Ordinance of the Ministry of Strategy and Finance" in Article 26-3 (3) 1 of the Decree means assisted reproductive technologies specified in subparagraph 4 (d) of attached Table 2 of the Rule on the Standards for Medical Care Benefits from the National Health Insurance (including internal and external fertilization).
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016]
 Article 14-4 (Scope, etc. of Newly Growing Service Industries Eligible for Tax Credits for Social Insurance Premiums of Small or Medium Enterprises)
(1) "Newly growing service industries specified by Ordinance of the Ministry of Strategy and Finance" in Article" in Article 27-4 (5) 7 of the Decree means the industries specified in Article 4-3.
(2) The following formula shall apply to the computation of the tax base of income tax on business income under Article 27-4 (11) 2 of the Decree: Tax base of global income for the relevant taxable year × (Amount of business income for the relevant taxable year/Amount of global income for the relevant taxable year).
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018]
 Article 14-5 (Extenuating Circumstances for Exemption from Additional Collection of Gift Tax)
"Extenuating circumstances provided for by Ordinance of the Ministry of Strategy and Finance" in Article 27-6 (3) 3 of the Decree means circumstances where a donee is unable to engage directly in the family business due to performance of military duty under the Act, medical treatment of a disease, schooling or any similar reason: Provided, That the cases where a donee disposes of stocks or equity shares that he/she received as a gift or does not engage in the family business after such extenuating circumstances terminate shall be excluded.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 15 (Acquisition Price of Assets Eligible for Carried-Forward Taxation)
(1) In applying the carried-forward taxation under Article 28 or 29 of the Decree, the acquisition price of the asset eligible for carried-forward taxation shall be determined by the actual trading price of the relevant asset at the time of acquisition. <Amended by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 484, Nov. 23, 2007; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009>
(2) If the actual trading price under paragraph (1) at the time of acquisition is unclear, the amount calculated by applying the following provisions in the order specified below to the relevant asset as at the date of consolidation, the date of conversion into a corporation or the date of investment in kind shall be converted by applying Article 176-2 (2) 2 of the Enforcement Decree of the Income Tax Act: <Amended by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. The value appraised by an appraiser under the Act on Appraisal and Certified Appraisers: Provided, That stocks, etc. unlisted on a stock exchange shall be excluded;
(3) "Assets that meet the criteria for determining real estate unrelated to the business of corporations specified by Ordinance of the Ministry of Strategy and Finance" in Article 28 (2) of the Decree means real estate unrelated to business under Article 49 (1) 1 of the Enforcement Decree of the Corporate Tax Act (hereafter in this paragraph, referred to as "real estate unrelated to business"). Whether an asset is real estate unrelated to business shall be determined as at the date of transfer. <Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
 Articles 16 and 17 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
 Article 18 (Scope, etc. of Liabilities)
(1) "Liabilities provided for by Ordinance of the Ministry of Strategy and Finance" in Article 34 (15) of the Decree means the sum of loans borrowed from others from the total liabilities on the statement of financial position as at the end of each business year: Provided, That if interest paid in accordance with a decision to approve a rehabilitation plan under the Debtor Rehabilitation and Bankruptcy Act has been added to the principal of loans, the amount equivalent to the paid interest shall not be deemed a loan. <Amended by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016>
(2) For determining the debt ratio and the standard debt ratio under Article 34 (15) and (16) of the Decree, the stockholders' equity shall be calculated by deducting total liabilities (including various reserves and allowances but excluding accrued corporate tax) from total assets as at the end of each business year or the record date for calculation of the standard debt ratio under Article 34 (16) 1 of the Decree (hereafter in this Article, referred to as "record date for calculation of the standard debt ratio"). In such cases, for determining total assets, if assets owned by the relevant corporation have been revaluated in accordance with the Assets Revaluation Act before the end of each business year or the record date for calculation of the standard debt ratio, the difference accruing from the revaluation under the said Act (referring to the amount after deducting the revaluation tax) shall be deducted. <Amended by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016>
(3) For determining the debt ratio and the standard debt ratio under Article 34 (15) and (16) of the Decree, the paid-in capital shall be based on the paid-in capital as at the end of each business year or the record date for calculation of the standard debt ratio, but if the relevant corporation reduced capital without consideration before the end of each business year the reduced amount shall be added to the paid-in capital. <Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016>
(4) Notwithstanding paragraph (2), if the stockholders' equity for a business year is reduced to an amount less than the stockholders' equity for the immediately preceding business year or as at the record date for calculation of the standard debt ratio due to deficits incurred within three years after paying debts owed to financial creditors, the calculation of the debt ratio shall be based on stockholders' equity for the immediately preceding business year and the stockholders' equity as at the record date for calculation of the standard debt ratio. <Amended by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
(5) For determining the standard debt ratio where a corporation was merged before or after the date of payment of debts to financial institutions, the calculation of the standard debt ratio of the merging corporation shall be based on the sum of the liabilities (referring to the liabilities under paragraph (1)) and the stockholders' equity on the statements of financial position of the merged corporation (referring to the corporation that has dissolved or has been absorbed by the merger) and the merging corporation (referring to the corporation newly established or surviving upon the merger) as at the record date for calculation of the standard debt ratio. <Amended by Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
(6) When assets and liabilities denominated in foreign currencies (hereinafter referred to as "assets, etc. in foreign currencies") are valuated in Korean currency, the exchange rate specified in Article 76 (1) of the Enforcement Decree as at any of the following reference dates shall apply: <Amended by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016>
1. Where the debt ratio under Article 34 (15) of the Decree is calculated: The end of each business year: Provided, That if the debt ratio under item (a) is lower than the debt ratio under item (b), it shall be based on the reference date under item (a):
(a) Assets, etc. in foreign currencies within the extent of the amount of assets, etc. in each foreign currency as at the record date for calculation of the standard debt ratio shall be valuated at the exchange rate as at the record date for calculation of the standard debt ratio; while in cases of the rest of assets, etc. in foreign currencies, the debt ratio shall be valuated at the exchange rate as at the end of each business year;
(b) In cases of all assets, etc. in foreign currencies, the debt ratio shall be valuated at the exchange rate as at the end of each business year;
2. Where the standard debt ratio under Article 34 (16) of the Decree is calculated: The record date for calculation of the standard debt ratio (for repaid debts the date of repayment).
(7) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009>
 Article 19 (Documents Certifying Eligibility for Taxation Support for Exchange, etc. of Stocks, of Venture Businesses)
"Document provided for by Ordinance of the Ministry of Strategy and Finance which verifies eligibility for taxation support" in Article 43-2 (9) of the Decree means a document issued by the Administrator of the Small and Medium Business Administration to certify the eligibility for taxation support under Article 14 (3) of the Act on Special Measures for the Promotion of Venture Businesses. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004]
 Article 19-2 (Scope, etc. of Logistics Expenses)
(1) "Interest rate provided for by Ordinance of the Ministry of Strategy and Finance" in Article 43-4 (5) of the Decree means the interest rate specified in Article 6 of the Enforcement Rule of the Corporate Tax Act. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(2) "Logistics expenses provided by Ordinance of the Ministry of Strategy and Finance" in Article 43-4 (6) 2 of the Decree means any of the following expenses: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
1. Expenses incurred in logistics activities from storing manufactured or purchased goods (including containers, materials, etc. for packing and transportation; hereafter in this paragraph, the same shall apply) in a store warehouse to delivery to consumers;
2. Expenses incurred in logistics activities until goods sold (including consignment sale; hereafter in this paragraph, the same shall apply) to consumers are returned by consumers to the seller due to cancellation of sale contracts;
3. Expenses incurred in logistics activities for collection of recyclable goods from consumers are processed for reuse;
4. Expenses incurred in logistics activities for damaged or obsolete goods collected from consumers are discarded.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 19-3 (Documents Certifying Eligibility for Taxation Support for Exchange, etc. of Unlisted Stocks for Strategic Partnership)
"Document provided by Ordinance of the Ministry of Strategy and Finance which verifies his/her eligibility for taxation support" in Article 43-7 (9) of the Decree means a document issued by the Administrator of the Small and Medium Business Administration to certify the eligibility for taxation support under Article 14 (3) of the Act on Special Measures for the Promotion of Venture Businesses: Provided, That the cases of stockholders of a small or medium enterprise referred to in Article 43-7 of the Decree shall be excluded.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014]
 Article 19-4 (Documents Certifying Eligibility for Special Taxation for Re-Investment in Venture Businesses, etc. after Sale of Stocks)
"Documents provided by Ordinance of the Ministry of Strategy and Finance as those that can certify eligibility for taxation support" in Article 43-8 (12) of the Decree means the following documents:
1. A copy of the articles of incorporation or any other document proving that the person who intends to apply for tax deferment is the founder or an incorporator of the enterprise for sale under Article 43-8 (1) of the Decree (hereafter in this Article, referred to as "enterprise for sale");
2. A certificate of venture business issued under Article 25 (2) of the Act on Special Measures for the Promotion of Venture Businesses to an enterprise for sale;
3. A certificate of venture business issued under Article 25 (2) of the Act on Special Measures for the Promotion of Venture Businesses to the reinvested corporation or a document proving that its technology has been intentionally evaluated under Article 2-2 (1) 2 (c) (3) of said Act: Provided, That the foregoing shall apply only where a re-investment is made pursuant to Article 46-8 (1) 1 (c) or (d).
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014]
 Article 20 (Definition of Multi-Unit Houses)
"Multi-unit house stipulated by Ordinance of the Ministry of Strategy and Finance" in Article 51-2 (3) of the Decree means a house falling under subparagraph 1 (c) of attached Table 1 of the Enforcement Decree of the Building Act. In such cases, each section separated for independent dwelling of one household shall be deemed one house. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
[This Article Wholly Amended by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002]
 Article 21 (Scope of Investment Trust Stabilization Funds)
"Cooperative provided for by Ordinance of the Ministry of Strategy and Finance" in subparagraph 2 of Article 53 of the Decree means the Investment Trust Stabilization Fund established on 6 February 1998, through joint investment from trustor companies, the Investment Trust Association, etc. under the Securities Investment Trust Business Act for the purpose of stabilizing the securities investment trust market. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
 Article 22 (Scope of Automobile Maintenance Shops)
"Automobile maintenance shops as provided for by Ordinance of the Ministry of Strategy and Finance" in Article 54 (1) of the Decree means a place of business of a general auto repair business or a small auto repair business under Article 131 of the Enforcement Rule of the Motor Vehicle Management Act. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
 Article 23 (Standard Area of Factory Site)
"Standard size for factory sites specified by Ordinance of the Ministry of Strategy and Finance" in Article 56 (1), 79-3 (5), 79-8 (5), or Article 79-9 (5) of the Decree means the area specified in either of the following subparagraphs: <Amended by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
1. In cases of a manufacturing factory, the standard area of a factory site under attached Table 3 of the Enforcement Rule of the Local Tax Act;
2. In cases of an auto repair shop, the greater of the area calculated by multiplying the floor area of the relevant building (in cases of a structure its horizontally projected area) by the multiplying factor applicable to the specific-use area under Article 101 (2) of the Enforcement Decree of the Local Tax Act; and the area 1.5 times larger than the minimum standard area under relevant statutes at the time of registration of the relevant business.
 Article 23-2 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003>
 Article 24 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009>
 Article 25 (Scope of Areas Eligible for Special Support for Local Small or Medium Enterprises)
"Area which is prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 61 (2) of the Decree means any of the following areas eligible for special support for local small or medium enterprises under Article 62-23 of the Small and Medium Enterprises Promotion Act: <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. The Naju General Industrial Complex;
2. The Gimje Horizon General Industrial Complex;
3. The Jangheum General Industrial Complex for Bio-Food;
4. The Bukpyeong National Industrial Complex;
5. The Bukpyeing General Industrial Complex;
6. The Naju General Industrial Complex for Innovation;
7. The Gangjin General Industrial Complex for Environment;
8. The Jeongeup High-Tech Industrial Complex;
9. The Damyang General Industrial Complex;
10. The Daema Industrial Complex for Electric Vehicles.
 Article 26 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001>
 Article 27 (Scope, etc. of Farmland)
(1) "Farmland" in Articles 66 (4) and 67 (3) of the Decree means the land de facto used for farming such as fields and paddies, irrespective of the land category on the official cadastral register, including farmers' huts, compost depots, pumping stations, substations, farm roads and irrigation ditches directly necessary for managing farmland. <Amended by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003; Ordinance of the Ministry of Finance and Economy No. 478, Dec. 31, 2005>
(2) Whether a parcel of land can be classified as farmland under Articles 66 (4) and 67 (3) of the Decree shall be determined according to the following criteria: <Amended by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 478, Dec. 31, 2005; Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006; Ordinance of the Ministry of Finance and Economy No. 512, Jul. 5, 2006; Ordinance of the Ministry of Finance and Economy No. 484, Nov. 23, 2007; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 225, Aug. 3, 2011; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. It shall be verified by either of the following methods that the land has been owned by the transferor for at least eight years (or at least three years where the land is transferred to the Korea Rural Community Corporation, established pursuant to the Korea Rural Community Corporation and Farmland Management Fund Act, or an agricultural partnership or an agricultural company, established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Business Entities, or at least four years where the formerly owned land, referred to in Article 67 (3) 1 and 2 of the Decree, is transferred). Where it shall be verified in such cases whether or not the farmland, etc. that a farmer, to whom capital gains tax was refunded under Article 70-2 (1) of the Act, repurchased can be classified as farmland under Article 66 (4) of the Decree, when the farmer re-transfers the farmland, the farmer shall be deemed to have owned the relevant farmland, etc. during the period in which the farmer has cultivated the land, from the lease period under Article 24-3 (3) of the Korea Rural Community Corporation and Farmland Management Fund Act:
(a) Verifying the certificate of entries in the relevant register or the certified transcript of the relevant land cadastre by using the administrative information shared under Article 36 (1) of the Electronic Government Act;
(b) Verifying other documentary evidence, if it is impossible to verify relevant documents by the method pursuant to item (a);
2. It shall be verified by all the following methods that the transferor has cultivated the farmland, while residing in the area in which the farmland is located, for at least eight years (or at least three years where the land is transferred to the Korea Rural Community Corporation, established under the Korea Rural Community Corporation and Farmland Management Fund Act, or an agricultural partnership or an agricultural company established under the Act on Fostering and Supporting Agricultural and Fisheries Business Entities, or at least four years where the formerly owned land referred to in Article 67 (3) 1 and 2 of the Decree is transferred) and that the land is farmland as at the date of transfer:
(a) Verifying the individual register by using the administrative information shared under Article 36 (1) of the Electronic Government Act: Provided, That the applicant shall be required to submit the document if the applicant does not consent to verification by such method;
(b) Verifying the original copy of the relevant farmland register and the certificate of self-cultivation delivered or issued by the head of the relevant Si/Gu/Eup/Myeon.
(3) "Scale prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66 (4) 1 (a) and 67 (8) 1 (a) of the Decree means one million square meters: Provided, That it means 100,000 square meters in cases of a housing site development project under the Housing Site Development Promotion Act or a building site development project under the Housing Act. <Amended by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
(4) "Public institution prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66 (4) 1 (b) and 67 (8) 1 (b) of the Decree means a public institution designated under the Act on the Management of Public Institutions or an enterprise established by a local government and directly operated by the local government or a public corporation or public service funded by a local government pursuant to the Local Public Enterprises Act. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
(5) "Unavoidable cause prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66 (4) 1 (b) and 67 (8) 1 (b) of the Decree means an event that causes a delay in a project or compensation and for which the project implementer is held liable. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
(6) The standard market value which shall serve as the basis for the computation of an amount of compensation under the provisos to Article 66 (7) and 67 (7) of the Decree shall be based on the officially assessed individual land price for the relevant land at the time the amount of compensation is determined. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
(7) "Area prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 66 (12) 3 of the Decree means any of the following: <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 225, Aug. 3, 2011; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. A public housing zone designated under Article 6 of the Special Act on Public Housing;
2. An improvement zone designated and publicly notified under Article 16 of the Act on the Improvement of Urban Areas and Residential Environments;
3. A prearranged area for constructing a new harbor designated under Article 5 of the New Harbor Construction Promotion Act;
4. An urban development zone designated and publicly notified under Articles 3 and 9 of the Urban Development Act;
5. An area included in the plan approved for a railroad construction project under Article 9 of the Railroad Construction Act;
6. An area in which the activities of residents (such as the construction of structures, the change of the form or quality of land and the partition of land) are directly restricted due to a public works project, such as a prearranged zone under any other Act or an area included in an implementation plan approved under any other Act similar to those specified in subparagraphs 1 through 5.
 Article 27-2 (Scope, etc. of Site of Livestock Stables)
(1) "Site of livestock stables" in Article 66-2 (3) of the Act means the stables de facto used for breeding livestock and the land auxiliary thereto irrespective of the land category on the official cadastral register.
(2) Whether a parcel of land can be classified as a site of livestock stables under Article 66-2 (3) of the Decree shall be verified according to the following criteria: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. It shall be verified by either of the following methods that the land is a site for livestock stables that the transfer has owned for at least eight years:
(a) Verifying the certificate of entries in the relevant register or the certified transcript of the relevant land cadastre by using the administrative information shared under Article 36 (1) of the Electronic Government Act;
(b) Verifying other documentary evidence if verifying relevant documents by the method pursuant to item (a) is infeasible;
2. It shall be verified by all of the following methods that the transferor has directly engaged in breeding livestock for at least eight years, while residing in the area in which the site of livestock stables is located, and that the land is a site of livestock stables as at the date of transfer:
(a) Verifying the certified abstract of the relevant resident registration card by under Article 36 (1) of the Electronic Government Act: Provided, That the applicant shall be required to submit the document if the applicant does not consent to verification by such method;
(b) Verifying the written confirmation on the period of breeding livestock and business closure under item (b) of paragraph (7).
(3) "Scale prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 66-2 (3) 1 (a) of the Decree means one million square meters: Provided, That for a housing site development project under the Housing Site Development Promotion Act or a building site development project under the Housing Act it shall be 100,000 square meters.
(4) "Public institution prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66-2 (3) 1 (b) of the Decree means a public institution designated under the Act on the Management of Public Institutions or an enterprise established by a local government and directly operated by the local government or a public corporation or public service funded by a local government pursuant to the Local Public Enterprises Act.
(5) "Unavoidable cause prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66-2 (3) 1 (b) of the Decree means an event that causes a delay in a project or compensation; and for which the project implementer is held liable.
(6) "Area prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 66-2 (7) 3 of the Decree means any of the following: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. A public housing zone designated under Article 6 of the Special Act on Public Housing;
2. An improvement zone designated and publicly notified under Article 16 of the Act on the Improvement of Urban Areas and Residential Environments;
3. A prearranged area for constructing a new harbor designated under Article 5 of the New Harbor Construction Promotion Act;
4. An urban development zone designated and publicly notified under Articles 3 and 9 of the Urban Development Act;
5. An area included in the plan approved for a railroad construction project under Article 9 of the Railroad Construction Act;
6. An area where the activities of residents (such as the construction of structures, the change of the form or quality of land and the partition of land) are directly restricted due to a public works project, such as a prearranged zone under any other Act or an area included in an implementation plan approved under any other Act similar to those specified in subparagraphs 1 through 5.
(7) Whether a business is permanently closed as referred to in Article 66-2 (8) of the Decree shall be verified by all the following methods: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(a) Verifying the certificate of entries in the relevant register or the certified transcript of the relevant land cadastre by using the administrative information shared under Article 36 (1) of the Electronic Government Act;
(b) Verifying the written confirmation issued by the head of the relevant Si/Gun/Gu on the period of breeding livestock and business closure.
(8) The standard market value which shall serve as the basis for the computation of an amount of compensation under the proviso to Article 66-2 (10) of the Decree shall be based on the officially assessed individual land price for the relevant land at the time the amount of compensation is determined.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 225, Aug. 3, 2011]
 Article 27-3 (Scope, etc. of Land, etc. for Fisheries)
(1) "Land, etc. for fisheries" in Article 66-3 (3) of the Decree means buildings and the land de facto used for aquatic farming or for fish seed production irrespective of the land category on the relevant official cadastral register.
(2) Whether a parcel of land can be classified as the land for fisheries under Article 66-3 (3) of the Decree shall be determined by the following criteria:
1. It shall be verified by either of the following methods that the transferor has owned the land for fisheries for at least eight years:
(a) Verifying the certificate of entries in the relevant register or the certified transcript of the relevant land cadastre byusing the administrative information shared under Article 36 (1) of the Electronic Government Act;
(b) Verifying other documentary evidence if impracticable to verify relevant documents by the method prescribed in item (a);
2. It shall be verified by all of the following methods that the transferor has directly engaged in aquatic farming or producing fishery seedlings for at least eight years, while residing in the area in which the land for fisheries is located, and that the land is the land for fisheries as at the date of transfer:
(a) Verifying the certified abstract of the relevant resident registration card by using the administrative information shared under Article 36 (1) of the Electronic Government Act: Provided, That the applicant shall be required to submit the document if the applicant does not consent to verification by such method;
(b) Verifying the written confirmation issued by the head of the relevant Si/Gun/Gu on the period during which the applicant has engaged in aquatic farming or fish seed production.
(3) "Scale prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 66-3 (3) 1 (a) of the Decree means one million square meters: Provided, That for a housing site development project under the Housing Site Development Promotion Act or a building site development project under the Housing Act it shall be deemed 100,000 square meters.
(4) "Public institution prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66-3 (3) 1 (b) of the Decree means a public institution designated under the Act on the Management of Public Institutions or an enterprise established by a local government and directly operated by the local government or a public corporation or public service funded by a local government pursuant to the Local Public Enterprises Act.
(5) "Unavoidable cause prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66-3 (3) 1 (b) of the Decree means an event that causes a delay in a project or compensation and for which the project implementer is held liable.
(6) "Area prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 66-3 (7) 3 of the Decree means any of the following:
1. A public housing zone designated under Article 6 of the Special Act on Public Housing;
2. An improvement zone designated and publicly notified under Article 16 of the Act on the Improvement of Urban Areas and Residential Environments;
3. A prearranged area for constructing a new harbor designated under Article 5 of the New Harbor Construction Promotion Act;
4. An urban development zone designated and publicly notified under Articles 3 and 9 of the Urban Development Act;
5. An area included in the plan approved for a railroad construction project under Article 9 of the Railroad Construction Act;
6. An area where the activities of residents (such as the construction of structures, the change of the form or quality of land and the partition of land) are directly restricted due to a public works project, such as a prearranged zone under any other Act or an area included in an implementation plan approved under any other Act similar to those specified in subparagraphs 1 through 5.
(7) The standard market value which shall serve as the basis for the computation of an amount of compensation under the latter part of Article 66-3 (8) of the Decree shall be based on the officially assessed individual land price for the relevant land as at the time the amount of compensation is determined.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018]
 Article 27-4 (Scope, etc. of Self-Cultivated Mountainous Districts)
(1) "Mountainous district" in Article 66-4 (3) of the Decree means the land de facto used for cultivation irrespective of the land category on the relevant official cadastral register.
(2) Whether a parcel of land can be classified as a mountainous district under Article 66-4 (3) of the Decree shall be determined by the following criteria:
1. It shall be verified by either of the following methods that the transferor has owned the mountainous district for at least eight years:
(a) Verifying the certificate of entries in the relevant register or the certified transcript of the relevant land cadastre by using the administrative information shared under Article 36 (1) of the Electronic Government Act;
(b) Verifying other documentary evidence if impractibcable to verify relevant documents pursuant to item (a);
2. It shall be verified by all of the following methods that the transferor has directly cultivated the mountainous district for at least eight years, while residing in the area in which the mountainous district is located, and that the land is a mountainous district as at the date of transfer:
(a) Verifying the certified abstract of the relevant resident registration card by using the administrative information shared under Article 36 (1) of the Electronic Government Act: Provided, That the applicant shall be required to submit the document if the applicant does not consent to verification by such method;
(b) Verifying the written confirmation issued by the head of the relevant Si/Gun/Gu for the period during which the applicant has directly cultivated the mountainous district.
(3) "Scale prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 66-4 (3) 1 (a) of the Decree means one million square meters: Provided, That for a housing site development project under the Housing Site Development Promotion Act or a building site development project under the Housing Act it shall be deemed 100,000 square meters.
(4) "Public institution prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66-4 (3) 1 (b) of the Decree means a public institution designated under the Act on the Management of Public Institutions or an enterprise established by a local government and directly operated by the local government or a public corporation or public service funded by a local government pursuant to the Local Public Enterprises Act.
(5) "Unavoidable cause prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 66-4 (3) 1 (b) of the Decree means an event that causes a delay in a project or compensation and for which the project implementer is held liable.
(6) "Area prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 66-3 (7) 3 of the Decree means any of the following:
1. A public housing zone designated under Article 6 of the Special Act on Public Housing;
2. An improvement zone designated and publicly notified under Article 16 of the Act on the Improvement of Urban Areas and Residential Environments;
3. A prearranged area for constructing a new harbor designated under Article 5 of the New Harbor Construction Promotion Act;
4. An urban development zone designated and publicly notified under Articles 3 and 9 of the Urban Development Act;
5. An area included in the plan approved for a railroad construction project under Article 9 of the Railroad Construction Act;
6. An area where the activities of residents (such as the construction of structures, the change of the form or quality of land and the partition of land) are directly restricted due to a public works project, such as a prearranged zone under any other Act or an area included in an implementation plan approved under any other Act similar to those specified in subparagraphs 1 through 5.
(7) The standard market value which shall serve as the basis for the computation of an amount of compensation under the latter part of Article 66-4 (8) of the Decree shall be based on the officially assessed individual land price for the relevant land at the time the amount of compensation is determined.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018]
 Article 28 (Exception, etc. to Period for Commencement of Cultivation in Substitute Farmland)
(1) "Extenuating circumstances prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 67 (3) 1 and 2 and Article 67 (10) 2 of the Decree means the following circumstances:
1. Where a person is unable to continue cultivation due to medical treatment or medical care for an illness that requires medical treatment or medical care for at lleast one year;
2. Where a person suspends cultivation for improving farmland under Article 3-2 of the Enforcement Decree of the Farmland Act;
3. Where a person suspends cultivation due to a natural disaster which makes it impractical to continue farming.
(2) "Period set by Ordinance of the Ministry of Strategy and Finance" in Article 67 (3) 1 and 2 and (10) 2 of the Decree means two years respectively.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014]
 Article 29 (Special Taxation of Corporate Tax for Association Corporations, etc.)
(1) For calculations of the amount of non-deductible expenses under Article 26 of the Corporate Tax Act pursuant to Article 69 (1) of the Decree, if the maximum amount calculated in accordance with Article 44-2 (4) of the Enforcement Decree of said Act is negative such amount shall be deemed nil.
(2) For calculations of the amount of non-deductible expenses under Article 33 of the Corporate Tax Act pursuant to Article 69 (1) of the Decree, Article 60 (3) of the Enforcement Decree of said Act shall apply to the cumulative amount of allowances for severance benefits on the annual financial statements as at the end of the business year in which December 31, 2012 occurs, deeming that such cumulative amount is included in deductible expenses under Article 60 (2) of the Enforcement Decree of said Act.
(3) "As prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 72 (4) of the Act means maintaining independent separate accounts for the interest on funds deposited in the National Federation of Fisheries Cooperatives for financial restructuring and for the disbursement of such interest, respectively.
(4) "As prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 72 (5) of the Act means maintaining independent separate accounts for the interest on funds deposited in the National Credit Union Federation of Korea or the Korean Federation of Community Credit Cooperatives for performing the transfer of contracts and for the disbursement of such interest, respectively.
[This Article Wholly Amended by Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013]
 Article 29-2 (Scope of Cultural and Arts Organizations)
"Organizations prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 70 (1) 3 of the Decree means corporations and organizations publicly notified by the Minister of Strategy and Finance in consultation with the Minister of Culture, Sports and Tourism, among specialized arts corporations and specialized arts organizations designated under Article 7 of the Culture and Arts Promotion Act. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001]
 Article 29-3 (Scope of Areas of Non-Profit Medical Corporations Eligible for Special Taxation for Including Reserves for Proper Purpose Business in Deductible Expenses)
"Area that is prescribed by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 70 (5) of the Decree means any of the areas listed in attached Table 8-6.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011]
 Article 29-4 (Deadline, etc. for Reporting Fulfillment of Requirements for Eligibility by Organizations Eligible for Donation Incentives)
(1) An organization eligible for donation incentives designated under Article 75 (2) of the Act shall prepare a report on whether the organization meets the requirements in Article 71 (1) of the Decree for organizations eligible for donation incentives (hereafter in this Article, referred to as "fulfillment of requirements for eligibility") in attached Form 53-3 and shall submit the report to the Commissioner of the National Tax Service by the relevant deadline specified in the following: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Fulfillment of requirements for eligibility for the year in which the designation is granted and the following year: March 31 of the year in which the second anniversary of the date of designation occurs;
2. Fulfillment of requirements for eligibility for the year in which second anniversary of the date of designation occurs and the following year: March 31 of the year in which the fourth anniversary of the date of designation occurs;
3. Fulfillment of requirements for eligibility for the year in which the fourth anniversary of the date of designation occurs and the following year: March 31 of the year in which the sixth anniversary of the date of designation occurs.
(2) If any organization eligible for donation incentives fails to report the fulfillment of requirements for eligibility by the relevant deadline specified in paragraph (1), the Commissioner of the National Tax Service shall without delay require the organization eligible for donation incentives to reportthe fulfillment of requirements for eligibility by not later than May 31 of the year in which the relevant deadline specified in paragraph (1) occurs.
(3) "Statement of the amount of donations collected each year and the use of the donations in the form prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 71 (1) 4 of the Decree means attached Form 6-2 under subparagraph 2 of Article 100 of the Enforcement Rule of the Income Tax Act or attached Form 63-7 under Article 18-2 (5) of the Enforcement Rule of the Corporate Tax Act.
(4) When the Commissioner of the National Tax Service requests the Minister of Strategy and Finance to revoke the designation of any organization eligible for donation incentives under Article 71 (8) of the Decree, such request shall be in writing stating the following information therein. In such cases, the request shall be accompanied by a report on the fulfillment of requirements for eligibility by the organization eligible for donation incentives under paragraph (1):
1. The name of the organization whose designation as an organization eligible for donation incentives shall be revoked;
2. The ground for revoking the designation;
3. Other information necessary for revoking the designation.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 539, Feb. 25, 2016]
 Article 30 (Reduction or Exemption of Capital Gains Tax for Land, etc. subject to Purchase following Designation of Development Restriction Zones)
"School attendance, enlistment, recuperation from an illness or other unavoidable reasons prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 74 (4) of the Decree means any of the following cases: <Amended by Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009>
1. Enrollment in a school under the Elementary and Secondary Education Act (excluding kindergartens and elementary or secondary schools) or a school under the Higher Education Act;
2. Enlistment under the Military Service Act;
3. Medical treatment or medical care for an illness that requires medical treatment or medical care for at least one year.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009]
 Articles 31 and 32 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002.
 Article 32-2 (Special Taxation for Relocating Factories in Areas Subject to Development Plans of Administrative City and Innovation Cities to Rural Areas)
"Extenuating circumstances prescribed by Ordinance of the Ministry of Strategy and Finance" in Articles 79-3 (5) 2, 79-8 (5) 2, 79-9 (5) 2 and 79-10 (6) 2 of the Decree means the following cases: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013>
1. Where permission or authorization for a construction project is being delayed;
2. Where a claim for compensation, etc. of a site is pending;
3. Where it is permitted to continue business operations for a certain period at the same place due to the failure to designate the place to which existing factories shall be relocated in the master plan for the construction of a multi-functional administrative city publicly notified by the Minister of Land, Infrastructure and Transport under Article 19 (4) of the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital;
4. Where it is permitted to continue business operations for a certain period at the same place due to the failure to designate a place to which existing factories shall be relocated in the plan for the development of an innovation city publicly notified by the Minister of Land, Infrastructure and Transport under Article 11 (5) of the Special Act on the Construction and Development of Innovation Cities;
5. Where it is permitted to continue business operations for a certain period at the same place due to the failure to designate a place to which existing factories shall be relocated in the measure established by the project implementer for relocating factories under Article 78-2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;
6. Where any cause or event similar to those specified in subparagraphs 1 through 5 occurs.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 32-3 (Special Taxation for Relocating Logistics Facilities due to Expropriation, etc. for Public Works Projects)
(1) "Facilities prescribed by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 79-10 (1) of the Decree means logistics facilities in either of the following cases: <Amended by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
1. Where a building for a logistics facility exists: The appurtenant land with an area not larger than the area by multiplying the floor areas of the building for the logistics facility and the relevant building by the multiples applicable to the relevant specific-use area under Article 101 (2) of the Enforcement Decree of the Local Tax Act;
2. Where no building for a logistics facility exists: The land with an area not larger than the area for which the competent authority granted authorization or permission or accepted a report as land used for the transportation, storage, unloading, fabrication, repair, etc. of cargoes.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010]
 Articles 33 and 33-2 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013>
 Article 34 (Income Deductions for Housing Savings Accounts)
(1) Any person who intends to have income deductions under Article 87 (2) of the Act shall submit a certificate of deposit in a housing savings account to the head of the tax office having jurisdiction over the domicile of such person or the relevant withholding agent when such person files a final return on the tax base of income tax or conducts year-end tax settlement.
(2) The certificate of deposit in a housing savings account under paragraph (1) may be substituted by a copy of the bankbook of the housing savings account demonstrating the amount of deposit as at the end of each year or by a document issued by the Commissioner of the National Tax Service stating full details of deposits in the housing savings account under Article 216-3 of the Enforcement Decree of the Income Tax Act.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 35 (Submission, etc. of Opinions on Notification)
Upon receipt of a notification from the Commissioner of the National Tax Service under Article 87 (8) 1 and 2 of the Act, a financial institution handling the relevant savings account shall inform the relevant account holder of the details of the notification within 14 days from the date of notification; and if the account holder has any objection to the details of such notification the account holder may submit a written opinion thereon to the head of the tax office having jurisdiction over the place of tax payment within two months from the date the financial institution handling the relevant savings account is notified thereof by the Commissioner of the National Tax Service and shall inform the financial institution handling the relevant savings account of relevant facts: Provided, That if such account holder fails to submit a written opinion by the deadline specified above due to death, a long-term overseas trip or any other extenuating circumstance the account holder may submit a written opinion within seven days after such extenuating circumstance ceases to exist.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 36 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
 Articles 37 through 41 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000>
 Article 42 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
 Article 42-2 (Submission, etc. of Opinions on Notification)
Upon receipt of a notification from the Commissioner of the National Tax Service under Article 92-13 (2) or 93-2 (2) of the Decree a financial institution handling the relevant savings account shall inform the relevant account holder of the details of the notification within 14 days from the date of notification; and if the account holder has any objection to the details of such notification the account holder may submit a written opinion thereon to the head of the tax office having jurisdiction over the place of tax payment within two months from the date the financial institution handling the relevant savings account is notified thereof by the Commissioner of the National Tax Service and shall inform the financial institution handling the relevant savings account of relevant facts: Provided, That if the holder of the relevant asset-building savings account or long-term collective investment securities savings account fails to submit a written opinion by the deadline specified above due to death, a long-term overseas trip or any other extenuating circumstance the account holder may submit a written opinion within seven days after such extenuating circumstance ceases to exist. <Amended by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013]
 Article 42-3 (Special Taxation for Individual Savings Accounts)
(1) Any trust business entity under Article 91-18 (3) 2 of the Act or other trust business entity (hereafter referred to as "trust business entity" in this Article) shall notify the holder of the relevant individual savings account (hereafter referred to as "account holder" in this Article) of the details of a notification within 14 days from the date the trust business entity is notified thereof from the Commissioner of the National Tax Service under Article 93-4 (6) of the Decree.
(2) If an account holder has any objection to the details of a notification under paragraph (1) the account holder may submit a written opinion thereon to the head of the tax office having jurisdiction over the place of tax payment within two months from the date the relevant trust business entity is notified thereof by the Commissioner of the National Tax Service and shall inform the trust business entity of relevant facts: Provided, That if the account holder fails to submit a written opinion by the deadline specified above due to death, a long-term overseas trip or any other extenuating circumstance the account holder may submit a written opinion within seven days after such extenuating circumstance ceases to exist.
(3) Only if a trust business entity is unable to manage individual savings accounts as assets specified in Article 91-18 (3) 3 of the Act, the trust business entity may manage such accounts by providing temporary loans to the accounts for the management of the trust business entity's own property under Article 106 (5) 3 of the Enforcement Decree of the Financial Investment Services and Capital Markets Act.
(4) Interest income accruing from the management of accounts under paragraph (3) shall be included in the interest income under Article 92-18 (4) of the Act.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016]
 Article 43 (Scope of Convenience Facilities for Persons with Disabilities)
"Facilities prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 94 (3) of the Decree means the convenience facilities for persons with disabilities, older persons, pregnant women, etc., as specified in attached Table 9. <Amended by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
[This Article Wholly Amended by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009]
 Article 43-2 (Scope of Resting Places, etc. for Improving Employees' Welfare)
"Facilities prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 94 (4) of the Decree means the following facilities (including facilities acquired by modifying the structure of buildings, etc.):
1. Resting places for employees;
2. Physical fitness facilities;
3. Facilities for showers and bathing.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012]
 Article 44 (Calculation of House Rental Period)
"Period prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 97 (5) 5 of the Decree means a period of not more than three months beginning on the date of departure by the existing tenant and ending on the date of entry by the next tenant. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
 Article 44-2 (Real Estate Investment Companies for Rental Housing)
"Real estate investment company which invests in a housing rental business under Article 14-8 (3) 2 of the Real Estate Investment Company Act which is specified by Ordinance of the Ministry of Strategy and Finance" in Article 97-6 (1) of the Decree means a real estate investment company that meets all the following criteria:
1. A real estate investment company shall provide at least 70/100 of the total floor area of the buildings owned by as build-to-rent housing or buy-to-rent housing defined in subparagraph 2 or 3 of Article 2 of the Rental Housing Act (hereafter referred to as "rental housing" in this Articlel);
2. The sum of standard market prices of each house provided as rental housing and the land appurtenant thereto as at the time of acquisition of such house and land shall not exceed 600 million won;
3. The exclusive habitable area of each house provided as rental housing shall not exceed 85 square meters.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 506, Oct. 30, 2015]
 Article 45 (Reduction or Exemption of Capital Gains Tax for Purchasers of Newly-Built Houses)
"Houses eligible under circumstances prescribed by Ordinance of the Ministry of Strategy and Finance" in the provisos to Articles 99 (2) and 99-3 (4) of the Decree means houses that a person acquires as a replacement sold by the relevant housing construction business entity due to any of the circumstances specified in Article 71 (3) of the Enforcement Rule of the Income Tax Act. <Amended by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010>
 Article 45-2 (Special Taxation for Delinquent Taxes, etc. of Resurgent Small or Medium Entrepreneurs)
(1) "Written form" in Article 99-6 (3) of the Decree means a payment plan for delinquent taxes.
(2) "Application" in Article 99-6 (8) of the Decree means an application for deferring the disposition on delinquent taxes or for deferring the collection of delinquent taxes. <Amended by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
(3) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 373, Oct. 21, 2013]
 Article 45-3 (Scope of Securities, etc.)
(1) "Securities specified by Ordinance of the Ministry of Strategy and Finance" in Article 100-4 (3) 6 of the Decree means the following securities: Provided, That where the total value of securities held by an individual is less than five million won, such cases shall be excluded:. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
1. Stocks or shares;
2. The following securities:
(a) National bonds, local government bonds or bonds issued in accordance with a Special Act by a corporation established pursuant to the Special Act;
(b) Debentures (referring to such securities as corporate bonds);
(c) Cheques or commercial paper.
(2) "Rights to acquire real estate, as specified by Ordinance of the Ministry of Strategy and Finance" in Article 100-4 (3) 7 of the Decree means the following rights: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010>
1. The right to acquire a house as an association member under Article 89 (2) of the Income Tax Act;
2. The right to acquire a building and the land appurtenant to the building upon completion of the building (excluding the right to acquire a house as an association member referred to in subparagraph 1);
3. Land redemption bonds under the following Acts:
(f) The Special Act on the Construction of and Support for Innovation Cities Following Relocation of Public Institutions;
4. Redeemable housing bonds under Article 69 of the Housing Act.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 45-4 (Value of Securities, etc.)
(1) The appraisal of securities specified in Article 45-3 (1) pursuant to Article 100-4 (8) 5 of the Decree shall be based on the following prices: <Amended by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015; Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
1. Stocks of a listed corporation under the Financial Investment Services and Capital Markets Act: The closing market price on the Korea Exchange which is deemed to be granted a permit for an exchange under Article 15 (1) of the Addenda to the partial amendment (Act No. 11845) to the Financial Investment Services and Capital Markets Act as at the base date for ownership (referring to the base date for ownership under Article 100-4 (4) of the Decree): Provided, That the appraisal shall be based on the closing market price as at the immediately preceding trading date if the closing market price as at the base date for ownership is not available;
2. Stocks and shares other than those specified in subparagraph 1 and securities under Article 45-3 (1) 2: The face value.
(2) The appraisal of the value of any right specified in Article 45-3 (2) pursuant to Article 100-4 (8) 5 of the Decree shall be based on the following prices: <Amended by Ordinance of the Ministry of Strategy and Finance No. 506, Oct. 30, 2015; Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
1. The right to acquire a house as an association member under Article 45-3 (2) 1: Either of the following amounts:
(a) Where settlement money has been paid as at the base date for ownership: The amount calculated by adding the settlement money (limited to the amount that has been paid) to the price determined according to the relevant management and disposal plan under Article 48 of the Act on the Improvement of Urban Areas and Residential Environments;
(b) Where settlement money has been received as at the base date for ownership: The amount calculated by subtracting the settlement money (limited to the amount that has been received) from the price determined according to the relevant management and disposal plan under Article 48 of the Act on the Improvement of Urban Areas and Residential Environments;
2. The right under Article 45-3 (2) 2: The amount that has been paid as at the base date for ownership;
3. Bonds under Article 45-3 (2) 3 or 4: The face value.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 45-5 (Scope, etc. of Persons Other than Business Entities)
"Any person other than business entities specified by Ordinance of the Ministry of Strategy and Finance" in Article 100-6 (2) 2 of the Decree means any person to whom either of the following has not been issued or provided; and "business entity specified by Ordinance of the Ministry of Strategy and Finance" in the proviso to Article 100-6 (2) 4 of the Decree means any person to whom either of the following has been issued or provided: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
1. A business registration certificate under Article 168 (3) of the Income Tax Act, Article 111 (3) of the Corporate Tax or Article 8 (5) of the Value-Added Tax Act;
2. An identification number under Article 168 (5) of the Income Tax Act.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 45-6 (Submission, etc. of Materials)
(1) "Materials prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 100-7 (5) of the Decree means certificate of family relationship of a resident (referring to the certificate of family relationship of a spouse in cases of an alien married to a person who has the nationality of the Republic of Korea under the proviso to Article 100-3 (2) 2 of the Act), a certified transcript of the resident registration card of the resident and the following documents as appropriate: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Where the resident supports a cohabiting adoptee in accordance with the main sentence of Article 100-3 (1) 1 (a) of the Act, the certificate of adoption under the Act on the Registration, etc. of Family Relationships;
2. Where the resident supports lineal a grandchild or sibling under Article 100-2 (2) 1 and 3 of the Decree, the documents specified by the Commissioner of the National Tax Service as evidence of support, such as a certificate of enrollment in a school of a supported child and a certificate of payment of tuition fees;
3. Where a resident supports lineal a grandchild or sibling under Article 100-2 (2) 2 of the Decree, the documents specified by the Commissioner of the National Tax Service as evidence of support, such as a certificate of enrollment in a school of the supported child and a certificate of payment of tuition fees and any of the following documents:
(a) A copy of the certificate of registration of a person with disabilities under the Act on Welfare of Persons with Disabilities;
(b) A copy of the certificate of a person of distinguished service to the State under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
(c) A copy of the certificate of a person of distinguished service to the May 18 Democratization Movement under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;
4. Where a resident supports a person with disabilities under the proviso to Article 100-3 (1) 1 (b) of the Act, any of the following documents as appropriate:
(a) A copy of the certificate of registration of a person with disabilities under the Act on Welfare of Persons with Disabilities;
(b) A copy of the certificate of a person of distinguished service to the State under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State;
(c) A copy of the certificate of a person of distinguished service to the May 18 Democratization Movement under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;
5. Where a resident temporarily leaves his/her domicile under Article 100-4 (2) of the Act, certified transcripts of the resident registration card for the original domicile and for the temporary domicile and any of the following documents as appropriate:
(a) Where a resident temporarily leaves his/her domicile for enrollment in a school: The certificate of enrollment issued by the head of the school (including private educational institutes);
(b) Where a resident temporarily leaves his/her domicile for medical care for an illness: The certificate of medical care issued by the head of the relevant medical institution;
(c) Where a resident temporarily leaves his/her domicile for work: The certificate of employment issued by the head of the relevant workplace;
6. In cases of assets specified in Article 100-4 (3) of the Decree, the following documents as appropriate:
(a) The land and buildings referred to in Article 100-4 (3) 1 of the Decree: A certified transcript of the relevant real estate register, a certified transcript of the relevant land cadastre or a certified transcript of the relevant building register;
(b) A passenger vehicle referred to in Article 100-4 (3) 2 of the Decree: A copy of the certificate of registration of the relevant vehicle;
(c) Key money for lease on a deposit basis referred to in Article 100-4 (3) 3 of the Decree: A copy of the relevant lease contract on a deposit basis or a copy of the lease contract;
(d) Financial assets referred to in Article 100-4 (3) 4 of the Decree: A copy of the bankbook for the relevant financial assets or a certificate of balance of deposits;
(e) Membership referred to in Article 100-4 (3) 5 of the Decree: A copy of the certificate of membership;
(f) Securities referred to in Article 100-4 (3) 6 of the Decree: A certificate of balance of stocks, national bonds, local government bonds, etc. or copies of national bonds, local government bonds, etc.;
(g) The right to acquire real estate in cases under Article 100-4 (3) 7 of the Decree: A copy of the relevant sale contract, receipts of payment of the sale price or settlement money; and a copy of the land redemption bond or redeemable housing bond.
(2) "Organizations or institutions prescribed by Ordinance of the Ministry of Strategy" in Article 100-14 (1) 13 of the Decree means the following organizations or institutions: <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. The Korea Housing and Urban Guarantee Corporation established pursuant to the Housing and Urban Fund Act;
2. The Korea Housing Finance Corporation under the Korea Housing Finance Corporation Act;
3. A public housing project operator under Article 4 (1) of the Special Act on Public Housing;
4. A commercial rental business entity under subparagraph 8 of Article 2 of the Special Act on Private Rental Housing.
(3) "Data specified by Ordinance of the Ministry of Strategy and Finance" in Article 100-14 (2) 24 of the Decree means any of the following data as appropriate: <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
2. Data regarding credit guarantee under subparagraph 8 of Article 2 of the Korea Housing Finance Corporation Act;
3. Data regarding lease contracts entered into between a public housing project operator under Article 4 (1) of the Special Act on Public Housing or a commercial rental business entity under subparagraph 8 of Article 2 of the Special Act on Private Rental Housing and a housing tenant.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 45-7 (Inspection of Amount Paid as Earned Income or Business Income)
(1) The Commissioner of the National Tax Service shall publish an amount paid as earned income or business income as referred to in Article 100-7 (3) of the Decree in the Home Tax Service Network under subparagraph 19 of Article 2 of the Framework Act on National Taxes, etc. so as to make such information available to the relevant resident for inspection. <Amended by Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013>
(2) The time, methods, etc. for the inspection through the Home Tax Service Network, etc. shall be determined by the Commissioner of the National Tax Service.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 45-8 (Accompanies Documents in Reporting Tax Base and Amount of Corporate Tax on Quasi-Liquidation Income)
"Documents prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 100-16 (7) of the Decree means the following documents: <Amended by Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013>
1. A statement of financial position of the relevant domestic corporation as at the date of quasi-liquidation;
2. A statement of adjustment of capital and reserves of the relevant domestic corporation as at the date of quasi-liquidation.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009]
 Article 45-9 (Special Taxation for Promoting Investment and Collaborative Cooperation)
(1) "Corporate tax return on unappropriated earnings in the form prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 100-32 (3) of the Decree means attached Form 114.
(2) "Amount specified by Ordinance of the Ministry of Strategy and Finance" in Article 100-32 (4) 2 (c) of the Decree means the amount specified in any of the following subparagraphs (limited to the amount not included in deductible expenses for the relevant business year) as accumulated within the limit to which an obligation for accumulation exists pursuant to the Banking Act, other respective statutes, etc.:
1. Legal reserves for the relevant business year under the Banking Act and other respective statutes (excluding the amount accumulated as legal reserves under Article 100-32 (4) 2 (b) of the Decree);
2. The amount that a financial company or mutual aid association compulsorily accumulates for the relevant business year as allowances for doubtful accounts or the bad debt reserve;
3. The amount that a corporation engaging in insurance business compulsorily accumulates for the relevant business year as the reserve for compensation of losses for participating insurance products and the guarantee reserve.
(3) "Domestic corporation that meets the requirements prescribed by Ordinance of the Ministry of Strategy and Finance, such as that a domestic corporation shall not hold any stocks, etc. other than stocks, etc. issued by foreign corporations" in Article 100-32 (4) 2 (l) of the Act means a domestic corporation that meets all the following requirements:
1. The domestic corporation shall not hold any stocks, etc. other than stocks or shares (hereafter referred to as "stocks, etc." in this Article) issued by foreign corporations;
2. The sum of the values of stocks, etc. of foreign corporations held by the domestic corporation shall be at least 50/100 of total assets of the domestic corporation. The calculation of the sum of values of stocks, etc. of foreign corporations and the total assets of the domestic corporation in such cases shall be based on the amounts on the statement of financial position as at the end of each business year;
3. Stocks of a domestic corporation shall be listed on the securities market under Article 176-9 (1) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act or the KOSDAQ under Article 8 of the Addenda to the partial amendment (Presidential Decree No. 24657) to the Enforcement Decree of the Financial Investment Services and Capital Markets Act within two years from the first day of the business year immediately following the business year in which the domestic corporation is established. If a domestic corporation meets all the following requirements in such cases, even if it fails to list its stocks by the second anniversary of the first day of the business year immediately following the business year in which the domestic corporation is established such domestic corporation shall be deemed to meet the requirements pursuant to the first sentence above:
(a) The domestic corporation shall submit documents demonstrating its plan for listing its stocks to the head of the tax office having jurisdiction over the place of tax payment by the deadline for filing a tax base return for the relevant business year;
(b) The domestic corporation shall submit documents demonstrating that its stocks have been listed to the head of the tax office having jurisdiction over the place of tax payment within two years from the first day of the business year immediately following the business year in which the domestic corporation is established.
(4) "Assets specified by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 100-32 (6) 1 of the Decree means assets acquired by disbursements of non-shipping income under Article 104-10 (1) 2 of the Act. In such cases, the sum of investments in assets acquired by disbursments of shipping income under Article 104-10 (1) 1 of the Act and a common fund shall be calculated by the following formula:
Sum of investments in assets acquired by disbursement of a common fund = Amount expended for the relevant business year to acquire such assets ? Income for each business year during the business years related to non-shipping income/Income for all business years during the business years related to shipping income and non-shipping income.
(5) "Structures specified by Ordinance of the Ministry of Strategy and Finance as those newly built or extensions for business purposes" in Article 100-32 (6) 1 (a) (ii) of the Decree means structures that a corporation newly builds or extends to use directly for business operations under Article 26 (2) of the Enforcement Rule of the Corporate Tax Act (hereafter referred to as "structures newly built or extensions for business purposes" in this Article) including factories, business establishments and offices. If a corporation leases the relevant structure to someone else or does not actually use the relevant structure by outsourcing business operations, etc. in such cases such building shall be deemed not to be used directly for business operations; however a building shall be deemed to be directly used for business operations where a corporation whose main business is real estate, construction or general retail according to the Korea Standard Industrial Classification (if a corporation engages in two or more different types of businesses reference is to cases where the gross revenue from real estate business, construction business or general retail business for the relevant business year is not less than 50/100 of gross revenue of the corporation) leases the relevant structure (in cases of general retail business, it is limited to cases where rent is paid and received in proportion to sales in leasing a business establishment: hereafter the same shall apply in this Article).
(6) The amount invested in a structure newly built or extension for business purposes for the relevant business year in the application of paragraph (4) and (5) shall be calculated by the following formula, if the structure is divided into a section used directly for business operations and another section not used for business operations or if the structure is jointly owned: Provided, That if the ratio calculated by dividing the total floor area of the section that the relevant corporation directly uses for business operations in the structure by the total floor area of the entire building (hereafter referred to as "ratio of the section directly used for business operations") is not less than 90/100 the ratio shall be deemed 100/100; but the ratio of the section directly used for business operations shall be limited to the share of ownership of the relevant corporation if the relevant structure is jointly owned.
Construction cost expended during the relevant business year to newly build or extend the relevant structure ? Ratio of the section directly used for business operations.
(7) In calculating earned income under Article 100-32 (9) of the Decree, the book value of treasury stocks or the total amount of money and goods contributed to the employee stockholders' association during the relevant business year shall be included in the calculation: Provided, That excluded herefrom shall be the book value of treasury stocks or the total amount of money and goods paid or given to a person specified in any subparagraph of Article 26-4 (2) of the Decree.
(8) "Average amount of paid wages specified by Ordinance of the Ministry of Strategy and Finance" in Article 100-32 (10) 2 of the Decree means an amount calculated by dividing the amount under subparagraph 1 by the amount under subparagraph 2:
1. The amount of wages paid under Article 100-32 (9) of the Decree to full-time employees who signed an employment contract for the first time during the relevant business year in accordance with the Labor Standards Act (excluding cases where an employment contract is renewed; hereafter referred to as "new full-time employees" in this paragraph);
2. The number of new full-time employees shall be calculated by applying mutatis mutandis the method for calculating the number of full-time employees under Article 26-4 (3) of the Decree.
(9) "Where contributions are made for the purpose of guaranteeing small or medium enterprises under Article 2 (1) of the Decree (hereafter referred to as "small or medium enterprises" in this Article) or assisting small or medium enterprises in obtaining loans as prescribed by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 100-32 (14) 4 of the Decree means where contributions specified in subparagraph 2 are made under agreements entered into with the guarantors specified in subparagraph 2 for the purpose of guaranteeing small or medium enterprises specified in subparagraph 1 or assisting such small or medium enterprises in obtaining loans:
1. Small or medium enterprises specified in any of the following:
(b) Venture businesses and companies specialized in the start-up of new technology-based businesses under the Act on Special Measures for the Promotion of Venture Businesses;
(c) New technology enterprises under the Korea Technology Finance Corporation Act;
(d) Small or medium enterprises established not earlier than seven years ago;
(e) Small or medium enterprises where the number of full-time employees during the relevant taxable year is more than the number of such employees during the immediately preceding taxably year;
(f) Small or medium enterprises engaging in research on technology applicable to any area of new growth engines or source technologies in attached Table 7 of the Decree (limited to cases where the Minister of Trade, Industry and Energy recognizes contributions as research and development expenses for new growth engines or source technologies after deliberation by the deliberative committee on new growth engines and source technologies under Article 9 (10) of the Decree);
(g) Enterprises selected as technological innovation-oriented small or medium enterprises under Article 15 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises;
2. Contributions specified in any of the following:
(a) Contributions that financial companies, etc. under subparagraph 3 of Article 2 of the Credit Guarantee Fund Act provide to the Credit Guarantee Fund under said Act (excluding the amount that shall be contributed in accordance with Article 6 (3) of said Act);
(b) Contributions that financial companies under subparagraph 3 of Article 2 of the Korea Technology Finance Corporation Act provide to the Korea Technology Finance Corporation under said Act (excluding the amount that shall be contributed in accordance with Article 13 (3) of said Act);
(c) Contributions that banks, etc. under Article 5-2 (1) of the Enforcement Decree of the Regional Credit Guarantee Foundation Act provide to credit guarantee foundations and the Korean Federation of the Credit Guarantee Foundations under the Regional Credit Guarantee Foundation Act (excluding the amount that shall be contributed in accordance with Article 7 (3) of said Act).
(10) "Cases specified by Ordinance of the Ministry of Strategy and Finance, such as where corporations are merged or a corporation acquires another corporation's business" in Article 100-32 (16) of the Decree means where the merging corporation or the corporation acquiring another corporation's business pays an amount exceeding 50/100 of corporate income under Article 100-32 (2) 1 of the Act in cash as the price for the merger or the transfer of business during the relevant business year.
(11) "Cases specified by Ordinance of the Ministry of Strategy and Finance taking into consideration other factors, such as the type of business" in Article 100-32 (20) 1 (c) of the Decree means where a corporation whose main business is the business of renting the relevant assets according to the Korea Standard Industrial Classification rents the relevant assets (if a corporation engages in two or more different businesses it means where such revenue of the corporation from the business of renting the assets under Article 100-32 (6) 1 (a) (i) of the Decree during the relevant business year is not less than 50/100 of its gross revenue).
(12) "Cases specified by Ordinance of the Ministry of Strategy and Finance, such as where a structure ceases to be classified as a structure for business purposes under paragraph (6) 1 (a) (ii)" in Article 100-32 (20) 2 of the Decree" means the following cases:
1. Where the relevant corporation leases the structure newly built or the extension for business purposes or ceases to use directly for its business operations by outsourcing its business operations within two years after completion of the structure: Provided, That excluded herefrom shall be cases where a corporation whose main business is real estate , construction or general retail according to the Korea Standard Industrial Classification under the latter part of paragraph (5) leases the relevant structure;
2. Where a corporation disposes of the structure newly built or the extension for business purposes before completion of the structure or within two years after completion of the structure: Provided, That excluded herefrom shall be cases where a corporation donates a structure newly built or the extension for business purposes to the State or a local government and uses the structure;
3. Where a corporation discontinues construction of a structure to be newly built or the extension for business purposes with no extenuating circumstances, such as a natural disaster, after commencement of the construction.
(13) "Day specified by Ordinance of the Ministry of Strategy and Finance, such as the day on which an event specified in any subparagraph of paragraph (20) occurs" in Article 100-32 (21) of the Decree means the day specified in any of the following subparagraphs:
1. The day when a corporation transfers or rents an asset as referred to in Article 100-32 (20) 1 of the Decree;
2. The day when a corporation ceases to use a structure newly built or the extension for business purposes by leasing the structure or outsourcing its business operations as referred to in paragraph (12) 1;
3. The day when a corporation disposes of a structure newly built or the extension for business purposes as referred to in paragraph (12) 2;
4. The day six months from the day when a corporation discontinues construction of a structure to be newly built or the extension for business purposes as referred to in paragraph (12) 3.
(14) When a merging corporation succeeds to unappropriated income or an over-appropriated amount of the merged corporation (hereafter referred to as "unappropriated income or an over-appropriated amount of the merged corporation" in this paragraph) pursuant to Article 100-32 (23) of the Decree the unappropriated income or an over-appropriated amount of the merged corporation shall be treated as follows:
1. Where the merged corporation ceases to exist : The unappropriated income or an over-appropriated amount of the merged corporation (referring to the amount calculated under the assumption that the registration date of the merger is the end of the business year excluding the amount under Article 100-32 (2) 1 (b) of the Act) shall be added to the unappropriated income or an over-appropriated amount of the merging corporation at the end of the relevant business year;
2. Where the divided corporation ceases to exist : The unappropriated income or an over-appropriated amount of the divided corporation (referring to the amount calculated under the assumption that the registration date of the merger is the end of the business year excluding the amount under Article 100-32 (2) 1 (b) of the Act) shall be added to the unappropriated income or an over-appropriated amount of the corporation newly established through the division or the counterpart corporation of the merger through division at the end of the relevant business year in proportion to the stockholders' equity under Article 100-32 (1) of the Decree of each divided business division.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018]
 Article 46 (Probable Causes, etc. for Suspicion of Tax Evasion)
(1) "Cause specified by Ordinance of the Ministry of Strategy and Finance" in Article 100-17 (2) of the Decree means where the rate of allocation of profits and losses for the immediately preceding taxable year is different from the rate of allocation of profits and losses applied to the relevant taxable year in either of the following cases:
1. Where the sum of income and deficit of a partnership firm by partner groups in any of partner groups in the relevant partner firm was greater than zero in the immediately preceding taxable year but is smaller than zero in the relevant taxable year;
2. Where the sum of income and deficit of a partnership firm by partner groups in any of partner groups in the relevant partner firm was smaller than zero in the immediately preceding taxable year but is greater than zero in the relevant taxable year.
(2) Paragraph (1) shall apply only to the partners who belong to the partner group in which the cause specified in paragraph (1) arises; but if a change occurs in the composition of such partner group due to a new partner joining or withdrawal of an existing partner the same paragraph shall apply only to the unchanged partners.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 46-2 (Documents Accompanying Reports on Details of Calculation and Allocation of Income of Partnership Firms)
"Documents prescribed by Ordinance of the Ministry of Strategy and Finance" in subparagraph 3 of Article 100-24 of the Decree means the following documents:
1. Documents specified for each type of group:
(a) Resident groups or non-resident groups comprised of non-residents under Article 121 (2) or (5) of the Income Tax Act: Documents relevant to the relevant resident groups or non-resident groups among the following documents:
(i) A statement of interest income, a statement of dividend income, a statement of income from lease of real estate and business income, and a statement of earned income, pension income and other income in attached Form 40 (1) of the Enforcement Rule of the Income Act;
(ii) Documents specified in Article 65 (2) 1 (a) and (d) and 2 of the Enforcement Rule of the Income Tax Act;
(iii) A statement of adjustment under Article 102 of the Enforcement Rule of the Income Tax Act and related documents;
(iv) A statement of donations in attached Form 45 of the Enforcement Rule of the Income Tax Act;
(b) Domestic corporation groups and foreign corporation groups comprised of foreign corporations under Article 97 (1) of the Corporate Tax Act: Documents related to the relevant domestic corporation group or foreign corporation group among the following documents:
(i) Documents specified in Article 82 (1) 4 through 56 and 60 of the Enforcement Rule of the Corporate Tax Act;
(ii) Documents specified in Article 61 (1) of the Enforcement Rule of the Restriction of Special Taxation Act;
(c) Non-resident groups comprised of non-residents under Article 156 (1) of the Income Tax Act and foreign corporation groups comprised of foreign corporations under Article 98 (1) of the Corporate Tax Act: Documents related to the relevant non-resident group or foreign corporation group among the following documents:
(i) A statement of payment of interest and dividend income in attached Form 23 (1) of the Enforcement Rule of the Income Tax Act;
(ii) A statement of payment of business income, other income, etc. of a non-resident in attached Form 23 (5) of the Enforcement Rule of the Income Tax Act;
(iii) A statement of payment of income from the transfer of securities in attached Form 24 (7) of the Enforcement Rule of the Income Tax Act;
(iv) A statement of payment of capital gains in attached Form 24 (8) of the Enforcement Rule of the Income Tax Act;
2. A statement of deficits exceeding the limit on allocation;
3. A statement of carried-over deficits allocated to passive partners;
4. A statement of allocation of tax amount of partnership firms.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010]
 Article 46-3 (Special Treatment in Calculating Corporate Tax Base for Shipping Enterprises)
(1) "Joint navigation prescribed by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 104-7 (1) of the Decree means a type of operation of ships under an agreement entered into by two or more shipping enterprises to place and operate at least one vessel from each shipping enterprise according to the joint operation plan and to allow the shipping enterprises to share vessels placed by them mutually. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(2) "Standard ships determined by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 104-7 (1) of the Decree means the following international ships registered pursuant to Article 4 of the International Ship Registration Act: <Amended by Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010>
1. Ships owned by the relevant enterprise;
2. Bare boats chartered under the name of the relevant enterprise with an option to acquire nationality;
3. Ships leased by the relevant enterprise on an annual installment payment basis for the transfer of ownership from a person who operates a facility leasing business registered pursuant to Article 3 (2) of the Specialized Credit Finance Business Act.
(3) The calculation of the annual net navigation tonnage under Article 104-7 (1) of the Decree shall be based on the end of the business year immediately preceding the business year in which the deadline for filing an application for applying special treatment in calculating the tax base of corporate tax expires (or if a statement of requirements for special treatment in calculating the tax base of corporate tax on a shipping enterprise shall be submitted in accordance with Article 104-7 (6) of the Decree; the business year in which the deadline for submitting the statement of requirements expires). <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009>
(4) "Activities prescribed by Ordinance of the Ministry of Strategy and Finance and related to the lease of facilities necessary to engage in ocean-going transportation activities" in Article 104-7 (2) 2 (b) of the Decree means activities related to the lease of containers necessary for maritime transportation activities . <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(5) "Combined shipping activities prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 104-7 (2) 2 (f) of the Decree means transportation activities conducted through the use of two or more modes of transportation such as ships, aircraft, railroad vehicles, or motor vehicles. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(6) "Activities prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 104-7 (2) 2 (g) of the Decree means activities related to the sale of containers necessary for activities of maritime transportation. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(7) "Documents prescribed by Ordinance of the Ministry of Strategy and Finance, such as a statement of tax adjustment under Article 60 (2) 2 of the Corporate Tax Act" in the proviso to Article 104-7 (8) 4 of the Decree means the documents specified in Article 60 (2) of the Corporate Tax Act and prepared for the period eligible for the application of special treatment. <Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(8) "As prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 104-7 (9) of the Decree means the method of calculation by applying Article 76 (6) of the Enforcement Rule of the Corporate Tax Act mutatis mutandis. <Amended by Ordinance of the Ministry of Finance and Economy No. 484, Nov. 23, 2007; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005]
 Article 46-4 (Scope of Facilities Donated to Schools for Research and Development of Human Resources)
(1) "Facilities for research and experimenting for the purpose of research and development prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 104-17 (2) of the Decree means the facilities specified in Article 8 (1) for research and experiment: Provided, That the foregoing shall not apply to secondhand facilities and facilities not in use after being donated. <Amended by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
(2) "Facilities for vocational training prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 104-17 (2) of the Decree means facilities for vocational training specified in Article 8 (1): Provided, That the foregoing shall not apply to secondhand facilities and facilities not in use after being donated. <Amended by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 70, Apr.. 7, 2009]
 Article 47 (Scope of Expenses Incurred in Operating Sports Teams)
"Expenses prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 104-20 (3) 2 of the Decree means the following expenses: <Amended by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
1. Expenses incurred for the preparation of an establishment of sports teams including screening and testing of players;
2. Use charges for sports arenas and training facilities;
3. Meal expenses;
4. Expenses incurred in off-season training;
5. Costs of repairing training facilities;
6. Articles for sports, equipment for training, sportswear, expenses incurred in purchasing medicines and repair expenses;
7. Expenses incurred in participating in sports and travel expenses incurred in participating in games;
8. Expenses incurred in lodging and meals for participation in games held in distant areas;
9. Rental charges for accommodations for players and for vehicles for transporting players;
10. Other direct expenses incurred in the operation of sports.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011]
 Article 47-2 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
 Article 47-3 (Special Taxation for 2018 PyeongChang Olympic and Paralympic Winter Games)
(1) "Foreign corporations specified by Ordinance of the Ministry of Strategy and Finance" in Article 104-28 (3) of the Act means the following foreign corporations: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Business entities that measure game hours and points or operate an information system for the management of games with a license to use the emblem of the International Olympic Committee under an agreement entered into with the International Olympic Committee;
2. Regional broadcasting service providers with an exclusive license for the 2018 PyeongChang Olympic and Para-Olympic Winter Games.
(2) "Person prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 104-28 (4) of the Act means any executive or employee of a foreign corporation specified in any of the following subparagraphs: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. The Olympic Broadcasting Services established by the International Olympic Committee to provide facilities and services necessary for broadcasting the Winter Olympic Games;
2. Regional broadcasting service providers with an exclusive license for the 2018 PyeongChang Olympic and Para-Olympic Winter Games;
3. Business entities that measure game hours and points or operate an information system for the management of games with a license to use the emblem of the International Olympic Committee under an agreement entered into with the International Olympic Committee;
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016]
 Article 48 (Exemption, etc. from Value-Added Tax)
(1) "Business prescribed by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 106 (8) of the Decree means a tax-free business of an organization performing services on behalf of the Government under attached Table 10. <Amended by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(2) and (3) Deleted. <by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001>
(4) The certificate of a farmer or fisher under Article 106 (17) of the Decree shall be provided by a certificate of a farmer or fisher issued by the head of the relevant local agricultural cooperative, local livestock industry cooperative, cooperative by item or by type of business or fisheries cooperative. <Amended by Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
 Article 48-2 (Scope, etc. of Tax-Free Gold Bullion Wholesalers)
(1) "At least the amount stipulated by Ordinance of the Ministry of Strategy and Finance" in Article 106-3 (2) 1 (b) of the Decree means the sum of the supply prices during two taxable periods immediately preceding the taxable period during which it is intended to trade tax-free gold bullions pursuant to Article 106-3 of the Act which is not less than three billion won.. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(2) "Person who satisfies the requirements stipulated by Ordinance of the Ministry of Strategy and Finance" in the main sentence of Article 106-3 (3) of the Decree means a person whomeets the following requirements: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009>
1. A person who retains a computer system of sufficient speed and capacity for stably performing brokerage of transactions of tax-free gold bullions and reporting such transactions;
2. A person who retains professional capabilities necessary for performing brokerage of transactions of tax-free gold bullions, including knowledge and experience in such business.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003]
 Article 48-3 (Recommended Quantity of Tax-Free Gold Bullions)
"Matters that are prescribed by Ordinance of the Ministry of Strategy" in Article 106-4 (8) 3 of the Decree means the following rules: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
1. A person who is authorized to recommend transactions of tax-free gold bullions shall not recommend a quantity for a transaction in excess of the recommendable quantity of a transaction publicly notified by the Commissioner of the National Tax Service within 100 kilograms per day per business entity;
2. A person who is authorized to recommend importation of tax-free gold bullions shall not recommend a quantity to be imported in excess of the recommendable quantity of importation publicly notified by the Commissioner of the National Tax Service within 300 kilograms per day per business entity.
[This Article Wholly Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005]
 Article 48-4 (Special Taxation for Payment of Value-Added Tax by Purchasers of Gold-Related Products)
(1) A person designated by the Commissioner of the National Tax Service under Article 106-9 (5) of the Decree may refund the amount of value-added tax paid by a business operator (input tax amount) to such business operator within the maximum of the amount of value-added tax paid by the purchaser under Article 106-4 (3) of the Act (output tax amount) as determined by the Commissioner of the National Tax Service.
(2) Notwithstanding paragraph (1), such amount specified in either of the following subparagraphs may be refunded, if deemed that that the amount is value-added tax paid by the relevant business operator (input tax amount):
1. The amount of value-added tax paid to the customs office at the time of importing gold-related products;
2. The amount equivalent to 70/100 of an amount calculated by subtracting the amount of value-added tax paid by a refiner of gold bullions (input tax amount) from the amount of value-added tax amount paid by the purchaser (output tax amount) if the designated person is a refiner of gold bullions.
(3) If an importer of gold-related products intends to receive a refund of the value-added tax paid at the time of importation under paragraph (2) 1, the importer shall file an application a refund of value-added tax to the importer of gold-related products with the head of the tax office having jurisdiction.
(4) The head of the tax office having jurisdiction upon receipt of an application under paragraph (3) shall ascertain the payment of value-added tax and, if value-added tax has been paid, then shall notify the person designated by the Commissioner of the National Tax Service under paragraph (1) of the payment.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 48-5 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
 Article 48-6 (Special Taxation for Payment of Value-Added Tax by Purchasers of Scrap, etc.)
(1) A person designated by the Commissioner of the National Tax Service under Article 106-13 (4) of the Decree may refund the amount of value-added tax (input tax amount) paid by a business operator to such business operator within the maximum of the amount of value-added tax paid by the purchaser under Article 106-9 (3) of the Act (output tax amount) as determined by the Commissioner of the National Tax Service.
(2) Notwithstanding paragraph (1), the amount paid to the customs office at the time of importing scrap, etc. may be refunded if deemed that the amount is value-added tax paid by the relevant business operator (input tax amount). <Amended by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
(3) If an importer of scrap, etc. intends to receive a refund of the value-added tax paid at the time of importation under paragraph (2) such importer shall file an application for refund of value-added tax to the head of the tax office having jurisdiction: Provided, That a business operator need not file an application for a refund if it is deemed that the business operator has paid value-added tax for importation of scrap, etc. <Amended by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
(4) The head of the competent tax office upon receipt of an application under paragraph (3) shall ascertain the payment of value-added tax and, if value-added tax has been paid, then shall notify the person designated by the Commissioner of the National Tax Service under paragraph (1) of the payment.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 392, Dec. 30, 2013]
 Article 49 (Refund of Value-Added Tax to Foreign Business Operators and Procedure therefore)
(1) "Goods or services prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 107 (1) 3 of the Decree means the following goods or services: Provided, That excluded herefrom shall be those not eligible for deduction of an input tax amount under Article 39 (1) 2 through 7 of the Value-Added Tax Act: <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 355, Jun. 28, 2013>
1. Buildings and structures for an office in the Republic of Korea or repair services of such buildings and structures;
2. Office equipment and furniture or leasing services of such equipment and furniture.
(2) A business operator shall issue the tax invoice to a foreign business operator upon receipt of a request from a foreign business operator for an issuance of a tax invoice when a business operator registered as a taxpayer under Article 8 of the Value-Added Tax Act (excluding business operators specified in Article 61 of the Value-Added Tax Act) supplies or provides goods or services referred to in Article 107 (6) of the Act to the foreign business operator. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 355, Jun. 28, 2013>
(3) Matters necessary for the procedure for refunding value-added tax to foreign business operators shall be determined and publicly notified by the Commissioner of the National Tax Service.
 Article 49-2 (Certificates of Provision of Medical Services, etc.)
A certificate of provision of medical services under Article 107-3 (2) of the Act shall be issued in attached Form 68-2: Provided, That if a medical institution eligible for special treatment under Article 109-3 (2) of the Decree is a franchisee of a business operator of refund desks under Article 109-3 (3) of the Decree, such certificate may be substituted by a refund slip (including an electronic document transmitted by an information and communications network) in the form approved by the Commissioner of the National Tax Service.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016]
 Article 50 (Special Cases concerning Deduction of Input Tax Amount for Value-Added Tax Imposed for Recycled Waste Resources, etc.)
(1) "Persons designated by Ordinance of the Ministry of Strategy and Finance" in Article 110 (3) 5 of the Decree means persons mainly engaging in the business of collecting and selling waste materials for recycling. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
(2) Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 504, Apr. 17, 2006>
 Article 50-2 (Submission of Documentary Evidence)
"Motor Vehicle Registers of the decrepit diesel motor vehicle (referring to a decrepit diesel motor vehicle defined in the former part of Article 109-2 (1) of the Act; hereafter the same shall apply) and the new vehicle, a copy of the resident registration certificate of the applicant (or a copy of the business registration certificate in cases of a business operator) and other evidentiary documents prescribed by Ordinance Ministry of Strategy and Finance" in Article 111 (1) of the Decree means the following documents: <Amended by Ordinance of the Ministry of Strategy and Finance No. 606, Mar. 10, 2017>
1. The Motor Vehicle Registers of the decrepit diesel motor vehicle and the new motor vehicle;
2. A copy of the resident registration certificate of the applicant (or a copy of the business registration certificate if the applicant is a business operator): Provided, That the copy of the resident registration certificate of the applicant may be substituted by the driver's license, passport, certificate of domicile in the Republic of Korea or certificate of a public official of the applicant;
3. If the resident registration number, business registration number or company name entered in the Motor Vehicle Register of the decrepit diesel motor vehicle is contrary to the resident registration number, business registration number or company name on the registration date of the new motor vehicle, documents demonstrating that the registered owner of the decrepit diesel motor vehicle and the new motor vehicle is the same person or the same corporation shall be provided such as individual register of the owner and the certificate of entries in the relevant register under Article 15 of the Commercial Registration Act.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009]
 Article 50-3 (Method for Calculating Quantity of Petroleum, etc. Eligible for Tax Refund)
The quantity eligible for the tax refund, reduction or exemption under Article 112-2 (11), 112-3 (3) and 112-4 (5) of the Decree shall be calculated by any of the following formulas: <Amended by Ordinance of the Ministry of Strategy and Finance No. 36, Oct. 15, 2008; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013>
1. The quantity of petroleum under Article 112-2 (11) of the Decree = (The amount of petroleum purchased with an oil purchase card for refund)/(The average selling price per unit of petroleum at a petrol station or a charging station in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Jeju Special Self-Governing Province, where the relevant petrol station or charging state is located as surveyed and published by the Korea National Oil Corporation pursuant to Article 38-2 (3) of the Petroleum and Alternative Fuel Business Act and Article 42-2 (5) of the Enforcement Decree of said Act);
2. The quantity of butane under Article 112-3 (3) of the Decree = (The amount of butane purchased with a tax-exempted taxi oil purchase card)/(The average selling price per unit of butane at a charging station in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Jeju Special Self-Governing Province where the relevant charging state is located as surveyed and published by the Korea National Oil Corporation pursuant to Article 38-2 (3) of the Petroleum and Alternative Fuel Business Act and Article 42-2 (5) of the Enforcement Decree of said Act);
3. The quantity of petroleum under Article 112-4 (5) of the Decree = (The amount of petroleum purchased with an oil purchase card)/(The average selling price per unit of petroleum at a petrol station or a charging station in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Jeju Special Self-Governing Province where the relevant petrol station or charging state is located as surveyed and published by the Korea National Oil Corporation pursuant to Article 38-2 (3) of the Petroleum and Alternative Fuel Business Act and Article 42-2 (5) of the Enforcement Decree of said Act).
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 21, Apr. 30, 2008]
 Article 50-4 (Articles Eligible for Reduction of Customs Duties)
(1) The articles eligible for reduction of customs duties under Article 118 (2) of the Act shall be as listed in attached Table 13.
(2) The rate of reduction of customs duties on the articles eligible for reduction of customs duties under paragraph (1) shall be 50/100 of the amount of customs duties to be otherwise levied. <Amended by Ordinance of the Ministry of Strategy and Finance No. 649, Dec. 29, 2017>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 251, Dec. 30, 2011]
 Article 50-5 (Application for Reduction or Exemption of Customs Duties for Overseas Korean Enterprises on Their Return to Korea)
A person who intends to apply for reduction or exemption of customs duties pursuant to Article 115-3 (6) of the Decree shall file an application for reduction or exemption with the head of the relevant customs office supported by the following documents: <Amended by Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. One copy of the certificate of selection as an enterprise repatriating to Korea and eligible for support issued by the Minister of Trade, Industry and Energy under Article 7 (4) of the Act on Assistance to Korean Off-Shore Enterprises in Repatriation;
2. One copy of the confirmed statement of imported articles verified by the Minister of Trade, Industry and Energyconfirmed as capital goods under Article 115-3 (1) of the Decree;
3. Other documents publicly notified by the Commissioner of the Korea Customs Service as necessary documents.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013]
 Article 50-6 (Requirements, etc. for Exemption of Market Makers from Securities Transaction Tax)
(1) "Requirements prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 115 (1) of the Decree means the following:
1. A person who is a clearing member of an exchange under Article 387 (2) 1 of the Financial Investment Services and Capital Markets Act;
2. A person designating any of its executives or employees as a person in charge of market-making.
(2) "Ratio specified by Ordinance of the Ministry of Strategy and Finance" in the latter part of Article 115 (3) of the Decree means any of the following figures:
1. For stock index futures or stock index options (hereafter in this Article, referred to as "stock index derivatives") either of the following ratios:
(a) The figure that the Korea Exchange calculates for each issue of stock index derivatives each trading day according to the Derivatives Market Business Regulations under Article 393 (2) of the Financial Investment Services and Capital Markets Act as the rate of price fluctuation for stock index derivatives with a value derived from a stock price index as its underlying asset according to changes in the stock price index (hereafter in this Articlereferred to as "conversion rate of the underlying asset");
(b) The figure that the Korea Exchange calculates for each stock price index each trading day as the weighted value of each individual stock to the stock price index (hereafter in this Article referred to as "ratio of index-reflected total market price");
2. For stock futures and stock options (hereafter in this Article, referred to as "stock derivatives"): The figure that the Korea Exchange calculates for each issue of stock derivatives each trading day according to the Derivatives Market Business Regulations under Article 393 (2) of the Financial Investment Services and Capital Markets Act as the rate of price fluctuation for the relevant stock derivatives according to changes in the stock price index (hereafterin this Article, referred to as "conversion rate of the trading volume of stocks").
(3) The Korea Exchange shall notify the conversion rate of the underlying asset, the ratio of index-reflected total market price and the conversion rate of the trading volume of stocks each trading day to the market-makers with whom there is a market-making agreement entered into according to the Derivatives Market Business Regulations under Article 393 (2) of the Financial Investment Services and Capital Markets Act (hereafter in this Article, referred to as "market-makers for derivatives") from the market-makers under Article 115 (1) of the Decree by electronic document under the Framework Act on Electronic Documents and Transactions.
(4) "The transfer of stock certificates to hedge risks of stock derivatives" in the forepart of Article 115 (3) of the Decree means the transfer of stocks in a quantity not more than the quantity calculated according to subparagraph 2 by the trading method pursuant to subparagraph 1 (any fraction below the decimal point shall be excluded; hereafter in this Article, referred to as "daily maximum quantity eligible for exemption"). In such cases, stocks traded earlier shall be included in the sequence of transactions in the daily maximum quantity eligible for exemption:
1. Transactions under either of the following:
(a) Where stock certificates are immediately transferred upon the conclusion of a contract for the purchase of stock futures or stock call options or a contract for selling stock put options (excluding transactions of eliminating the agreed but unsettled quantity for each contract for purchase and sale of each issue (hereafter in this Article, referred to as "covering transactions"));
(b) Where stocks certificates are immediately purchased upon the conclusion of a contract for the purchase of stock futures or stock call options or a contract for selling stock put options (excluding covering transactions) and such contract is covered or the purchased stocks are transferred on the last trading day;
2. The aggregate of the following quantities:
(a) The sum of the quantities calculated by multiplying the daily purchased quantity of stock futures, the purchased quantity of stock call options and the sold quantity of stock put options by the conversion rate of the traded volume of stocks and the trading leverage under the Derivatives Market Business Regulations under Article 393 (2) of the Financial Investment Services and Capital Markets Act (hereafter in this Article, referred to as "trading leverage") respectively;
(b) The sum of the quantities calculated by multiplying the agreed but unsettled quantity of each issue of stock option until the preceding day by the figure determined by subtracting the conversion rate of traded volume of stocks for the preceding date from the conversion rate of traded volume of stocks for the current day and the trading leverage: Provided, That if the figure determined by subtracting the conversion rate of traded volume of stocks for the preceding date from the conversion rate of traded volume of stocks for the current day is less than zero it shall be deemed zero;
(c) The sum of the quantities calculated by multiplying the agreed but unsettled quantity of each issue of stock futures and options not liquidated until the last trading day, by the figure determined by subtracting the conversion rate of traded volume of stocks on the last trading day from zero and the trading leverage: Provided, That if the conversion rate of traded volume of stocks for the last trading day is greater than zero, it shall be deemed zero.
(5) The transfer of stock certificates for hedging risks of stock-index derivatives under the forepart of Article 115 (3) of the Decree means the transfer of stock certificates within the maximum of the quantity calculated according to subparagraph 2 by the trading method under subparagraph 1 (any fraction less than the decimal point shall be cut off; hereafter in this Article, referred to as "daily maximum quantity of index products eligible for exemption"). In such cases, stocks traded earlier shall be included in the sequence of transactions in the daily maximum quantity eligible for exemption:
1. Transactions under either of the following:
(a) Where stock certificates comprising the index of the relevant issue are immediately transferred upon the conclusion of a contract for purchasing stock-index futures or stock-index call options or a contract for selling stock-index put options (excluding covering transactions);
(b) Where stock certificates are immediately purchased upon the conclusion of a contract for purchasing stock-index futures or stock-index call options or a contract for selling stock-index put options (excluding covering transactions) and such contract is covered or the purchased stocks are transferred on the last trading day;
2. The aggregate of the following quantities:
(a) The sum of the quantities calculated by multiplying the daily purchased quantity of stock-index futures, the purchased quantity of stock-index call options and the sold quantity of stock-index put options by the conversion rate of the underlying asset and the trading leverage respectively and the quantities calculated by multiplying the closing price of the stock price index on each trading day by the ratio of the index-reflected total market price of each issue of stock certificates comprising the index and then dividing the amount therefrom by the closing price of each issue of stock certificates (hereafter in this Article, referred to "index conversion coefficient");
(b) The sum of the quantities calculated by multiplying the agreed but unsettled quantity of each issue of stock-index options until the preceding day by the figure determined by subtracting the conversion rate of the underlying asset for the preceding date from the conversion rate of the underlying asset for the current day and the trading leverage and the quantities calculated by multiplying the agreed but unsettled quantity of each issue of stock-index options comprising the index by the index conversion coefficient: Provided, That if the figure determined by subtracting the conversion rate of the underlying asset for the preceding date from the conversion rate of the underlying asset for the current day is less than zero, it shall be deemed zero;
(c) The sum of the quantities calculated by multiplying the agreed but unsettled quantity of each issue of stock-index futures not liquidated until the last trading day by the figure determined by subtracting the conversion rate of the underlying asset on the last trading day from zero and the trading leverage and the quantities calculated by the agreed but unsettled quantity of each issue of stock-index futures comprising the index by the index conversion coefficient: Provided, That if the conversion rate of the underlying asset for the last trading day is greater than zero, it shall be deemed zero.
(6) Where a market-maker of derivatives submits a report on transactions for hedging risks pursuant to Article 115 (4) of the Decree to the Korea Securities Depository established under Article 294 of the Financial Investment Services and Capital Markets Act (hereafterin this Article, referred to as the "Korea Securities Depository") the market maker shall prepare and keep documents on the following matters, as necessary for exemption from securities transaction tax under Article 117 (1) 2-5 of the Act:
1. A market-maker of stock derivatives: The conversion rate of trading volume of each issue of stocks on each trading day, the daily maximum quantity eligible for exemption, the quantity of sold stock certificates for hedging risks, the sale price, etc.;
2. A market-maker of stock-index derivatives: The closing price of the stock price index of each issue on each trading day, the conversion rate of the underlying asset, the closing price of each issue comprising the stock price index, the ratio of the stock-reflected total market price, the daily maximum quantity of index products eligible for exemption; details of transactions of stock-index derivatives by issue, the quantity of sold stock certificates for hedging risks, the sale price, etc.
(7) The transfer under Article 115 (5) of the Decree means the transfer of stock certificates by a market-maker who signed a market-making agreement under the Derivatives Market Business Regulations under Article 393 (1) of the Financial Investment Services and Capital Markets Act (hereafter in this Article, referred to as "stock market-maker") at an asking sale price higher than the top-priority asking purchase price at the time of offering asking prices for stock certificates subject to the market-making agreement (including all asking sale prices offering any price if no asking purchase price is offered at the time of offering asking prices): Provided, That if the following requirements are fully met, it means the transfer of stock certificates at an asking purchase price lower than or equal to the top-priority asking purchase price at the time of offering asking prices (the transferred quantity of stock certificates shall not exceed 70/100 of the quantity of each issue held by the stock market-maker at the time of closing the market on the immediate trading day in the account through which only stock certificates subject to the market-making agreement under Article 115 (5) of the Decree (in cases of stock certificates purchased through over-the-counter transactions such stock certificates shall be deemed to be held on the payment date for such stock certificates)):
1. The stock futures or stock options the underlying asset of which is the stock certificates subject to the market-making agreement shall not have been listed on the Korea Exchange;
2. The price of the stock certificates subject to the market-making agreement falls by more than 4/100 of the standard price specified by the Derivatives Market Business Regulations under Article 393 (1) of the Financial Investment Services and Capital Markets Act.
(8) The Korea Exchange shall notify stock market-makers and the Korea Securities Depository each trading day of details of transactions eligible for exemption from securities transaction tax for the transfer method under paragraph (7) by electronic document under the Framework Act on Electronic Documents and Transactions.
(9) When a stock market-maker submits a report on transactions for market-making under Article 115 (7) of the Decree, the market maker shall prepare and keep documents on the sold quantity, sale price, etc. for each transaction for market-making on each trading day as necessary to be exempted from securities transaction tax under Article 117 (1) 3 of the Act.
[This Article Wholly Amended by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016]
 Article 50-7 (Requirements for Exemption from Securities Transaction Tax for Arbitrage Trading)
(1) "Synthetic futures specified by Ordinance of the Ministry of Strategy and Finance" in Article 115 (8) 4 of the Decree means futures in either of the following cases where trading call options and put options, where the settlement month and exercise price of those options are the same, on the same trading day results in a transaction similar to trading futures specified in Article 115 (8) 1 through 3 of the Decree (hereafter in this Article, referred to as "basic futures for arbitrage trading"):
1. Selling call options and purchasing put options;
2. Purchasing call options and selling put options.
(2) "Account only for arbitrage trading prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 115 (9) of the Decree means an account only for transactions made for gains (hereafter in this Article, referred to as "arbitrage trading") by using a price difference between derivatives specified in any subparagraph of Article 115 (8) of the Decree (hereafter in this Article, referred to as "futures for arbitrage trading") and the stock certificates which comprises the underlying asset of such futures for arbitrage trading (referring to stock certificates comprising the relevant index if the underlying asset of the relevant derivative is a stock price index; hereafter in this Article, the same shall apply) which has been reported by the organization for postal services as defined in subparagraph 2 of Article 2 of the Act on Special Cases concerning the Management of Postal Services (hereafter in this Article, referred to as the "organization for postal services") who meets all the following requirements to the Korea Exchange:
1. An account of derivatives for trading futures for arbitrage trading and an account for trading stock exchange shall be reported jointly;
2. Basic futures for arbitrage trading shall be separately reported by issues.
(3) The amount of a purchase contract cleared under Article 115 (10) 4 of the Decree means the sum of the following amounts on each day. If the underlying asset of the futures for arbitrage trading is a stock price index in such cases, the clearing amount of a purchase price for the relevant issue shall be calculated by multiplying the clearing amount of the purchase contract by the ratio of the total market price (referring the figure calculated on the basis of the price of each issue at the time of the first arbitrage transaction on the transfer date of stock certificates; hereafter referred as "ratio of total market price comprising the index" in this Article) of each issue of stocks to the stock price index comprising the underlying asset of the futures for arbitrage trading:
1. If the futures for arbitrage trading are not synthetic futures: The sum of the following amounts:
(a) The amount calculated by multiplying the clearing price for the purchase of futures by the cleared quantity and then multiplying the amount therefrom by the trading leverage under the Derivatives Market Business Regulations under Article 393 (2) of the Financial Investment Services and Capital Markets Act (hereafter in this Article, referred to as "trading leverage");
(b) The amount calculated by multiplying the final payment price for the purchase of future by the final payment quantity and then multiplying the amount therefrom by the trading leverage;
2. If the futures for arbitrage trading are synthetic futures the sum of the following amounts:
(a) The amount calculated by multiplying the clearing price for the purchase of synthetic futures (the figure calculated by adding the purchase price for call options to the option exercise price and then subtracting the sale price for put options from the amount therefrom) by the cleared quantity (referring to the lesser of the quantity of purchased call options or the quantity of sold put options) and then multiplying the amount therefrom by the trading leverage;
(b) The amount calculated by multiplying the standard price payable for exercising the right to sell synthetic futures (referring to the standard price payable for exercising the right to purchase put options or to sell call options) by the quantity payable for exercising the right (referring to the quantity payable for exercising the right to purchase put options or to sell call options) and then multiplying the amount therefrom by the trading leverage.
(4) The ratio of the total market price for each issue under Article 115 (10) 5 of the Decree shall be determined by dividing the sum of the sale price of each issue of stock certificates sold on each day by the sum of the sale price of all stock stocks sold on each day but shall not exceed the ratio of the total market price comprising the index under paragraph (3) for each issue of stock certificates.
(5) Paragraphs (2) through (4) shall apply to each category of basic futures for arbitrage trading respectively by categorizing such basic futures by the type of assets managed under a contract for arbitrage trading.
(6) The Korea Exchange shall notify the financial investment business entities who have an exclusive account for arbitrage trading and the Korea Securities Depository of the details of transactions under Article 115 (12) of the Decree on each trading day by electronic document under the Framework Act on Electronic Documents and Transactions.
(7) The organization for postal services shall prepare and preserve documents concerning the sold quantity, the sale price, etc. for each arbitrage transaction on each trading day as necessary for exemption from securities transaction tax, in relation to the arbitrage trading reports submitted to the Korea Securities Depository pursuant to Article 115 (13) of the Decree.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 51 (Standards, etc. for Tax Reduction or Exemption for Foreign Investment)
(1) "Amount specified by Ordinance of the Ministry of Strategy and Finance" in Article 116-2 (1) 2 of the Decree means two million U.S. dollars.
(2) "Technologies specified by Ordinance of the Ministry of Strategy and Finance" in Article 116-2 (2) of the Decree means the technologies listed in attached Table 14.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 51-2 (Scope, etc. of Appurtenant Land)
"Land appurtenant to the new facilities stipulated by Ordinance of the Ministry of Strategy and Finance which is traded concurrently with such facilities" in Article 116-2 (8) 2 of the Decree means the land appurtenant to the relevant facilities with an area not larger than the area determined by multiplying the area on which facilities are erected by the multiple specified for the relevant area in either of the following subparagraphs: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
1. Land within an urban area: Five times;
2. Land outside an urban area: Ten times.
[This Article Wholly Amended by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004]
 Article 51-3 (Application, etc. for Tax Reduction or Exemption)
(1) A person who intends to apply for tax reduction or exemption or for amending the details of tax reduction or exemption pursuant to Article 121-2 (6) of the Act shall submit three duplicates of an application for tax reduction or exemption or an application for amending the details of tax reduction or exemption to the Minister of Strategy and Finance (including the head of the institution delegated by the Minister of Strategy and Finance under Article 116-13 (1) of the Decree) with documents demonstrating or explaining in detail the reasons for filing the application for tax reduction or exemption or the application for amending the details of tax reduction or exemption. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013>
(2) A person who intends to apply for verification of eligibility for tax reduction or exemption prior to filing an application pursuant Article 121-2 (7) of the Act shall submit three duplicates of an application for prior verification of eligibility for tax reduction or exemption to the Minister of Strategy and Finance (including the head of the institution delegated by the Minister of Strategy and Finance under Article 116-13 (1) of the Decree)with documents demonstrating the eligibility for tax reduction or exemption. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 87, May 24, 1999]
 Article 51-4 (Reporting of Commencement of Business)
A person who intends to report the commencement of business pursuant to Article 116-4 (1) of the Decree shall submit a report on the commencement of a business to the head of the tax office having jurisdiction over the place of business.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 87, May 24, 1999]
 Article 51-5 (Application for Exemption from Customs Duties, etc.)
A person who intends to apply for exemption from customs duties, individual consumption tax and value-added tax pursuant to Article 121-3 (3) of the Act shall file an application for exemption from customs duties, individual consumption tax and value-added tax with the head of the relevant customs office in addition to the following documents. <Amended by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012>
1. One set of documents demonstrating that the relevant business is eligible for reduction of or exemption from corporate tax, etc. under Article 121-2 (1) of the Act;
2. One set of documents demonstrating that the relevant capital goods falls under any subparagraph of Article 121-3 (1) of the Act;
3. A copy of a statement of details of imported goods confirmed pursuant to Article 38 (2) of the Enforcement Decree of the Foreign Investment Promotion Act.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 87, May 24, 1999]
 Article 51-6 (Standards for Proportional Distribution of Common Gross Income and Common Deductible Expenses in Tax Reduction or Exemption for Capital Increase)
IIf impracticable to keep separate accounts pursuant to Article 143 of the Act in the application of Article 116-6 (5) and (6) of the Decree for common gross income and common deductible expenses, such as where a business eligible for tax reduction or exemption for capital increase of a foreign-invested corporation isidentical with the business originally eligible for tax reduction or exemption and is operated in the same process and in the same place of business, common gross income and common deductible expenses shall be proportionally distributed according to the standards determined and publicly notified by the Commissioner of the National Tax Service taking into consideration the ratio of the value of fixed assets newly acquired and installed for business purposes as at the time of capital increase, the ratio of the relevant capital as at the time of capital increase, etc.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015]
 Article 51-7 (Application for Exemption from Customs Duties on Goods Imported by Resident Enterprises of Jeju Advanced Science and Technology Complex)
A person whose intention is to be eligible for exemption from customs duties under Article 121-10 and 121-11 of the Act shall file an application for reduction of or exemption from customs duties with the head of the relevant customs office in the form provided for in Article 112 of the Enforcement Decree of the Customs Act along with any of the following documents: <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 484, Nov. 23, 2007; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Where the intention of an enterprise is to be eligible for exemption from customs duties under Article 121-10 of the Act: A document demonstrating that the enterprise is a resident enterprise of the Jeju Advanced Science and Technology Complex under Article 161 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
2. Where the intention of an enterprise is to be eligible for exemption from customs duties under Article 121-11 of the Act:
(a) A document confirmed by the Jeju Special Self-Governing Province Governor under Article 116-16 (2) of the Decree;
(b) A document confiremd by the head of the central administrative agency responsible for the production of goods at issue or the person designated by the head of such central administrative agency to the effect that it is impracticable to produce the goods at issue in the Republic of Korea (excluding goods that a foreign investor or a foreign-invested enterprise imports for the purpose of foreign investment).
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 263, May 17, 2002]
 Article 51-8 (Number of Full-Time Employees and Scope of Business Assets for Eligibility for Reduction or Exemption of Corporate Tax, etc. on Enterprises, etc. Incorporated in Financial Hubs)
(1) "Full-time employees prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 116-26 (1) of the Decree means employees with Korean nationality who have signed an employment contract pursuant to the Labor Standards Act: Provided, That persons specified in Article 23 (10) of the Decree shall be excluded herefrom: <Amended by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
(2) The forepart of Article 23 (11) of the Decree and Article 23 (12) of the Decree shall apply mutatis mutandis to the calculation of the number of full-time employees. <Amended by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
 Article 51-9 (Limit on Deductible Income to be Included in Reserves for Proper Purpose Business of National Agricultural Cooperative Federation)
"Ratio prescribed by Ordinance of the Ministry of Strategy and Finance through consultation between the Minister of Strategy and Finance and the Minister of Agriculture, Food and Rural Affairs" in Article 121-23 (6) 2 of the Act means 100/100. <Amended by Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012]
 Article 51-10 (Limit on Deductible Income to be Included in Reserves for Proper Purpose Business of National Federation of Fisheries Cooperatives)
"Rate prescribed by Ordinance of the Ministry of Strategy and Finance through consultation between the Minister of Strategy and Finance and the Minister of Oceans and Fisheries" in Article 121-25 (4) 2 of the Act means 100/100.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017]
 Article 51-11 (Scope, etc. of Liabilities)
(1) "Liabilities prescribed by Ordinance of the Ministry of Strategy and Finance" in the forepart of Article 116-30 (13) of the Decree means the total amount of loans borrowed from other persons out of the total liabilities on the statement of financial position as at the end of each business year: Provided, That excluded herefrom shall be loans that have increased to acquire new business assets under Article 4 (2) of the Decree and that have been confirmed by the person authorized to approval business restructuring plans under Article 116-30 (4) of the Act. <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(2) In calculating the debt ratio and the standard debt ratio under Articles 116-30 (13) and (14) of the Decree the stockholders' equity shall be calculated by deducting total liabilities (including various types of provisions and allowances, but excluding corporate tax payable) from total assets as at the end of each business year or as at the record date for calculation of the standard debt ratio under Article 116-30 (14) 1 of the Decree (hereafter in this Article, referred to as "record date for calculation of the standard debt ratio"). In calculating total assets in such cases, if assets owned by the relevant corporation before the end of each business year or the record date for calculation of the standard debt ratio are revaluated pursuant to the Assets Revaluation Act, the difference from revaluation under said Act (referring to the amount deducted from revaluation tax) shall be deducted. <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(3) Notwithstanding the forepart of paragraph (2), if the stockholders' equity for each business year decreases from the stockholders' equity for the immediately business year or as at the record date for calculation of the standard debt ratio, due to deficits incurred within three years after the repayment debts to financial creditors, the liability ratio shall be calculated on the basis of the greater of the stockholders' equity for the immediately preceding business year or the stockholders' equity as at the record date for calculation of the standard debt ratio. <Amended by Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
(4) In calculating the debt ratio and the standard debt ratio under Articles 116-30 (13) and (14) of the Decree, paid-in capital shall be based on the paid-in capital as at the end of each business year or as at the record date for calculation of the standard debt ratio; but the amount of any capital reduction by the relevant domestic corporation on or before the end of each business year shall be added to the paid-in capital. <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
(5) In calculating the standard debt ratio after a merger on or after the record date for calculation of the standard debt ratio, the standard debt ratio of the merging corporation shall be calculated by aggregating liabilities (referring to the liabilities under paragraph (1)) and stockholders' equity of the merged corporation (referring to the corporation dissolved or absorbed by the merger) and the merging corporation (referring to the corporation newly established by the merger or surviving the merger) on their statements of financial position.
(6) In converting assets, etc. from a foreign currency to Korean currency for valuation, the exchange rate specified in Article 76 (1) of the Enforcement Decree of the Corporate Tax as at the record date specified in any of the following subparagraphs shall apply to such conversion: <Amended by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Where the debt ratio under Article 116-30 (13) of the Decree is determined: The end of each business year: Provided, That it shall be the record date under item (a) if the debt ratio under item (a) is lower than the debt ratio under item (b):
(a) In cases of assets, etc. in a foreign currency not exceeding the maximum amount of assets, etc. in each foreign currency as at the record date for calculation of the standard debt ratio the debt ratio calculated by valuating such assets, etc. at the exchange rate as at the record date for calculation of the standard debt ratio; in cases of other assets, etc. in a foreign currency the debt ratio calculated by valuating such assets, etc. at the exchange rate as at the end of each business year;
(b) The debt ratio calculated by valuating all assets, etc. in a foreign currency at the exchange rate as at the end of each business year;
2. Where the standard debt ratio under Article 116-30 (14) of the Decree is determined: The record date for calculation of the standard debt ratio (in cases of repaid debts the date of repayment).
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016]
 Article 52 Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
 Article 52-2 (Deduction of Medical Expenses, etc. for Compliant Business Operators)
(1) A person who intends to have medical expenses or educational expenses deducted under Article 117-3 (5) of the Decree shall submit either of the following forms at the time of filing the final return on income taxbase: <Amended by Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009>
1. For deduction of medical expenses: The form provided for by subparagraph 17 of Article 101 of the Enforcement Rule of the Income Tax Act;
2. For deduction of educational expenses: The form provided for by subparagraph 18 of Article 101 of the Enforcement Rule of the Income Tax Act.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 52-3 (Income Deduction for Amounts Spent on Credit Cards, etc.)
"Documents prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 121-2 (11) of the Decree means documents issued by the Commissioner of the National Tax Service with full details of income deductions in connection with payments specified in Article 216-3 (1) of the Enforcement Decree of the Income Tax Act.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013]
 Article 52-4 (Grounds for Extending Period for Verifying Applications for Transactions)
"If extenuating circumstances specified by Ordinance of the Ministry of Strategy and Finance exist" in the proviso to Article 121-5 (5) of the Decree means either of the following cases: <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
1. Where the supplier requests extension due to the impracticability to verify relevant facts of a transaction due to the supplier's bankruptcy, illness, a long-term business trip or other cause or event of the supplier;
2. Where authorized tax officials cannot meet the supplier due to closure or absence, although visitations to the supplier were attempted at least twice to verify relevant facts of a transaction.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007]
 Article 52-5 (Verification, etc. of Cash Transactions)
"Revenue amount of cash transactions prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 121-5 (7) of the Decree means the amount of revenue for which no tax invoice, credit card sale slip or cash receipt is collected.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008]
 Article 53 (Scope of Factories according to Standards for Investment for Extension)
"Factory as stipulated by Ordinance of the Ministry of Strategy and Finance" in Article 124 (1) 1 of the Decree means a factory defined in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act; and "aggregate sizes of the relevant factory" in the same subparagraph means the area of the site of the factory or the floor area of all floors of buildings in the site of the factory: Provided, That the area of facilities provided to employees for the promotion of welfare, such as a cafeteria, resting rooms, bathrooms, laundry facilities, clinics, outdoor sports facilities and dormitories, and the area of evacuation shelters, armories, ammunition depots and educational facilities shall not be included in the aggregate sizes of the relevant factory. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004]
 Article 54 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
 Article 55 (Calculation o Tax Credits for Business Income)
The amount of a tax credit for business income under Article 126 (4) of the Decree shall be calculated by the following formula: <Amended by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005>
1. A tax credit for the tax paid in a foreign country under Article 57 of the Income Tax Act:
(a) In cases under Article 117 (1) 1 of the Enforcement Decree of the Income Tax Act: (Tax amount in a foreign country or tax amount deemed to have been paid in a foreign country) × (Business income out of taxable foreign source income/Taxable foreign source income);
(b) In cases under Article 117 (1) 2 of the Enforcement Decree of the Income Tax Act: (Tax amount paid in a foreign country or tax amount deemed to have been paid in a foreign country) × (the amount of revenue constituting business income out of the taxable revenue generated in a foreign country/the amount of the taxable revenue generated in a foreign country);
2. A tax credit for casualty losses under Article 58 of the Income Tax Act:
(a) In cases under Article 58 (1) 1 of the Income Tax Act: Tax amount levied but unpaid for global income (including penalty tax) × casualty loss rate × (business income for the taxable year for which the tax has not be paid/global income for the taxable year for which the tax has not be paid);
(b) In cases under Article 58 (1) 2 of the Income Tax Act: [Calculated amount of global tax - (the tax credit amount for global income except the tax credit for casualty losses + the amount of the tax reduction or exemption for global income) + the amount of the penalty tax on global income] × casualty occurrence rate × (the amount of the business income for the taxable year in which casualty occurred/Amount of the global income for the taxable year in which casualty occurred).
 Article 56 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001>
 Article 56-2 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006>
 Article 57 (Scope of Expenditure Included in Special Cases concerning Exclusion of Entertainment Expenses from Deductible Expenses)
"Exhibitions prescribed by Ordinance of the Ministry of Strategy and Finance" in Article 130 (5) 8 of the Decree means the EXPO Yeosu Korea held in 2012.
[This Article Newly Inserted by Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010]
 Article 58 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006>
 Article 59 (Calculation of Deemed Gross Income from Rental Security Deposits, etc.)
(1) Where part of the assets under the latter part of Article 132 (3) of the Decree is used for a rental business the value of the assets used for the rental business shall be calculated by the following formula: The value of the assets partially used for the rental business × (the area of the section used for the rental business/total floor area of the relevant buildings).
(2) In the application of Article 132 (5) and (6) of the Decree the amount equivalent to construction cost shall be determined with the acquisition price for the relevant building (including capital expenses but excluding a difference from revaluation) and the cumulative amount shall be determined with the amount calculated by the following formulas. In such cases, the cumulative area may be calculated by multiplying the balance as at the end of each month by the number of elapsed days: <Amended by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
1. In cases under Article 132 (6) 1 of the Decree: Total cumulative amount of construction cost of an underpass × (cumulative leased area/cumulative area available for lease);
2. In cases under Article 132 (6) 2 of the Decree: Total cumulative amount of construction cost of real estate for lease × (cumulative leased area/total cumulative floor area of a building).
(3) Where leased real estate is sublet the cumulative amount of security deposits, etc. specified in the formula in Article 132 (5) of the Decree shall be calculated by subtracting the cumulative amount of security deposits for lease from the cumulative amount of security deposits, etc. for sublease. If the cumulative amount of deposits, etc. for lease exceeds the cumulative amount of deposits, etc. for a sublease in such cases such excess amount shall be deemed nil. <Amended by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
(4) "Interest rate of time deposit" in the formula provided for in Article 132 (5) of the Decree means the interest rate specified in Article 6 of the Enforcement Rule of the Corporate Tax Act. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
(5) "Profits from disposal of securities" in the formula provided for in Article 132 (5) of the Decree means the amount calculated by subtracting the loss on the sale of securities from the gain on the sale of securities. <Amended by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
(6) If a rental business commenced during a business year in the application of Article 132 (5) of the Decree the cumulative amount shall be calculated from the day when the rental business commenced. <Amended by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
(7) In the application of Article 132 (6) 2 of the Decree the amount equivalent to the construction cost of real estate acquired or built for rental in or before the business year that begins on or after January 1, 1991 shall be determined by the acquisition price of the real estate or the amount calculated by multiplying the total floor area of the real estate by the security deposit for lease per unit area as at the end of the business year, whichever is greater, to which December 31, 1990 occurs. If it is impractical to verify the acquisition price of the real estate in such cases, the standard market price under Article 99 of the Income Tax Act shall be deemed the acquisition price. <Amended by Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006; Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
 Article 59-2 (Application for Confirmation on Tax Exemption)
A person who intends to obtain confirmation on tax exemption under Article 133-2 of the Decree shall file an application for confirmation on tax exemption with the Minister of Trade, Industry and Energy. <Amended by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 342, Mar. 23, 2013>
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004]
 Article 60 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003>
 Article 61 (Forms, etc.)
(1) Forms for applications for tax reduction, exemption, etc. are as follows: <Amended by Ordinance of the Ministry of Finance and Economy No. 87, May 24, 1999; Ordinance of the Ministry of Finance and Economy No. 106, Sep. 30, 1999; Ordinance of the Ministry of Finance and Economy No. 132, Mar. 30, 2000; Ordinance of the Ministry of Finance and Economy No. 184, Mar. 28, 2001; Ordinance of the Ministry of Finance and Economy No. 224, Sep. 29, 2001; Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002; Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003; Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004; Ordinance of the Ministry of Finance and Economy No. 396, Oct. 16, 2004; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Finance and Economy No. 478, Dec. 31, 2005; Ordinance of the Ministry of Finance and Economy No. 504, Apr. 17, 2006; Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007; Ordinance of the Ministry of Finance and Economy No. 484, Nov. 23, 2007; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 21, Apr. 30, 2008; Ordinance of the Ministry of Strategy and Finance No. 36, Oct. 15, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 96, Aug. 28, 2009; Ordinance of the Ministry of Strategy and Finance No. 151, Apr. 20, 2010; Ordinance of the Ministry of Strategy and Finance No. 157, Jun. 8, 2010; Ordinance of the Ministry of Strategy and Finance No. 160, Jun. 30, 2010; Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011; Ordinance of the Ministry of Strategy and Finance No. 225, Aug. 3, 2011; Ordinance of the Ministry of Strategy and Finance No. 264, Feb. 28, 2012; Ordinance of the Ministry of Strategy and Finance No. 300, Oct. 15, 2012; Ordinance of the Ministry of Strategy and Finance No. 322, Feb. 23, 2013; Ordinance of the Ministry of Strategy and Finance No. 351, May 14, 2013; Ordinance of the Ministry of Strategy and Finance No. 373, Oct. 21, 2013; Ordinance of the Ministry of Strategy and Finance No. 392, Dec. 30, 2013; Ordinance of the Ministry of Strategy and Finance No. 402, Feb. 28, 2014; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014; Ordinance of the Ministry of Strategy and Finance No. 428, Jul. 4, 2014; Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015; Ordinance of the Ministry of Strategy and Finance No. 539, Feb. 25, 2016; Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016; Ordinance of the Ministry of Strategy and Finance No. 569, Aug. 9, 2016; Ordinance of the Ministry of Strategy and Finance No. 606, Mar. 10, 2017; Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017; Ordinance of the Ministry of Strategy and Finance No. 653, Jan. 9, 2018; Ordinance of the Ministry of Strategy and Finance No. 669, Mar. 21, 2018>
1. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
2. Application for tax credits under Article 30-2 (3), 30-4 (5), 104-18 (1), (2) and (4), 122-4 (3) and 126-7 (13) of the Act and Article 4 (7), 6-4 (4), 7-2 (4), 9 (9), 10 (7), 11 (6), 11-3 (14), 11-4 (12), 21 (5), 22 (4), 22-2 (3), 22-3 (3), 22-4 (3), 22-5 (9), 22-6 (6), 23 (15) through (17), 26-2 (3), 26-3 (5), 26-4 (17), 26-5 (11), 26-7 (10), 94 (6), 104-5 (6), 104-14, 104-20 (4) and 104-22 (3) of the Decree: Attached Form 1 and Annexes (1) and (2) to attached Form 1;
2-2. Statement of adjustment for inclusion in deductible expenses under Article 4-2 (3) or 7 (3) of the Decree: Attached Form 1-2;
2-3. Statement of disbursement of contributions under Article 7-2 (5) of the Decree: Attached Form 1-3;
2-4. Certificate of gratuitous lease under Article 7-2 (9) of the Decree: Attached Form 1-4;
3. Application for tax reduction (exemption) under Article 85-2 (5) of the Act or Article 5 (24), 6 (8), 11 (6), 11-2 (5), 30-2 (7), 58 (11), 60 (5), 60-2 (13), 61 (3), 63 (7), 64 (7), 65 (3), 79-7, 96 (6), 102, 104-21 (8), 116-14 (5), 116-15 (7), 116-21 (7), 116-25 (6), 116-26 (9) or 116-27 (5) of the Decree: Attached Form 2 and the Annex to attached Form 2;
3-2. Statement of the reduced or exempted tax amount for a newly established small or medium enterprise under Article 5 (24) of the Decree: Attached Form 2-2;
3-3. Statement of reserves for research and human resources development under Article 8 (4) of the Decree: Attached Form 2-3;
3-4. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004>
3-5. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 548, Mar. 30, 2007>
3-6 and 3-7. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003>
4. Statement of research and human resources development expenses under Article 9 (9) of the Decree: Attached Form 3 (1), Annex (1) to attached Form 3 and attached Form 3 (2);
4-2. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009.
4-3. Statement of non-inclusion of contributions, etc. in gross income under Article 9-2 (4) of the Decree: Attached Form 3-3;
5. Application for tax credits and a statement of tax credits under Article 11-3 (14) of the Decree: Attached Form 4;
5-2. Application for tax credits and a statement of tax credits under Article 11-4 (12) of the Decree: Attached Form 4-2;
5-3. Application for exemption from secondary tax obligations under Article 13-2 (3) of the Decree: Attached Form 4-3;
5-4. Application for exemption from secondary tax obligations under Article 13-2 (4) of the Decree: Attached Forms 4-4 (1), (2) and (3);
6. Application for income deductions for investment, etc. or a written confirmation of contribution or investment under Article 14 (6) of the Decree: Attached Form 5 and the Annex to attached Form 5;
7. Notice of changes in equity shares, etc. under Article 14 (7) of the Decree: Attached Form 6;
7-2. Application for special treatment under Article 14-2 (2) of the Decree: Attached Form 6-2;
7-3. Statement on the subjects of application of special treatment under Article 14-2 (3) of the Decree: Attached Form 6-3;
7-4. Application for special taxation under Article 14-3 (2) of the Decree: Attached Form 6-4;
7-5. Confirmation of opening an account only for stock options under Article 14-3 (2) of the Decree: Attached Form 6-5;
7-6. Statement of deposit of stocks by the exercise of a stock option in Article 14-3 (3) of the Decree: Attached Form 6-6;
7-7. Statement of a person eligible for special taxation under Article 14-3 (3) of the Decree: Attached Form 6-7;
7-8. Report on transactions through the accounts only for stock options under Article 14-3 (4) of the Decree: Attached Form 6-8;
7-9. Confirmation on an application for special taxation under Article 14-3 (6) of the Decree: Attached Form 6-9;
7-10. Application for special taxation under Article 14-4 (3) of the Decree: Attached Form 6-10;
7-11. Confirmation of opening of an account only for stocks for the investment of an industrial property right under Article 14-4 (3) of the Decree: Attached Form 6-11;
7-12. Certificate of the application for special taxation under Article 14-4 (4) of the Decree: Attached Form 6-12;
7-13. Statement of the delivery of stocks for the investment of an industrial property right under Article 14-4 (5) of the Decree: Attached Form 6-13;
7-14. Statement of a person eligible for special taxation under Article 14-4 (5) of the Decree: Attached Form 6-14;
7-15. Report on transactions through accounts only for stocks for the investment of an industrial property right under Article 14-4 (6) of the Decree: Attached Form 6-15;
8. Application for tax reduction for earned income of a foreign engineer under Article 16 (3) of the Decree: Attached Form 7;
9. Application for applying a single tax rate to a foreign engineer under Article 16-2 (3) of the Decree: Attached Form 8;
9-2. Application for withholding (or renouncing the withholding of) the tax by applying a single tax rate to a foreign engineer under Article 16-2 (4) or (5) of the Decree: Attached Form 8-2;
9-3. Statement of tax credits for investment in facilities for commercializing a new technology for growth under Article 22-5 (9) of the Decree: Attached Form 8-3;
9-4. Statement of tax credits for the production cost of video contents under Article 22-6 (6) of the Decree: Attached Form 8-4;
10. Statement of tax credits under Article 23 (15) of the Decree: Attached Form 9;
10-2. Return on an interim tax payment under Article 23 (17) of the Decree: Attached Form 9-2;
10-3. Statements of adjustment of depreciation cost and a sum table of statements of adjustment of depreciation cost under Article 25 (9) of the Decree: Attached Forms 9-3 (1), (2) and (3);
10-4. Application for special taxation for service life under Article 25 (9) of the Decree: Attached Form 9-4;
11. Application for tax credits for a small or medium enterprises with employees returned after graduating from high schools bespoke to industrial needs, etc. under Article 26-2 (3) of the Decree: Attached Form 10;
11-2. Application for tax credits under Article 26-3 (5) of the Decree: Attached Form 10-2;
11-3. Application for tax credits under Article 26-4 (17) of the Decree: Attached Form 10-3 or attached Form 10-4;
11-4. Statement of tax credits under Article 26-5 (11) of the Decree: Attached Form 10-5;
11-5. Application for tax reduction or exemption under Article 26-6 (4) of the Decree: Attached Form 10-6;
11-6. Statement of persons eligible for tax reduction or exemption under Article 26-6 (5) of the Decree: Attached Form 10-7;
11-7. Statement of tax credits under Article 26-7 (10) of the Decree: Attached Form 10-8;
12. Application for tax reduction or exemption under Article 27 (5) of the Decree: Attached Form 11;
12-2. Statement of persons eligible for tax reduction under Article 27 (6) of the Decree: Attached Form 11-2;
12-3. Statement of resignees ineligible for tax reduction under Article 27 (7) of the Decree: Attached Form 11-3;
12-4. Application for income deductions for a small or medium enterprise maintaining employment under Article 27-3 (3) of the Decree: Attached Form 11-4;
12-5. Statement of tax credits under Article 30-4 (5) of the Act: Attached Form 11-5 or attached Form 11-8;
12-6. Application for special taxation for start-up funds and a statement on the spending of start-up funds under Article 27-5 (10) of the Decree: Attached Form 11-6;
12-7. Application for special taxation for gift tax on stocks, etc. for succession to a family business under Article 30-6 (3) of the Act: Attached Form 11-7;
12-8. Report on the ground for additional tax collection relating to special taxation of gift tax on the succession to a family business and a statement of voluntary tax payment under Article 27-6 (10) of the Decree: Attached Form 11-9;
13. Application for a tax carry-over under Article 28 (3), 29 (4), 63 (10) or 65 (5) of the Decree: Attached Form 12;
13-2. Statement of capital gains and a statement of adjustment for inclusion in gross income in installments under Article 30 (11), 43-4 (7), 44-4 (7), 79-3 (8), 79-6 (6), 79-8 (8), 79-9 (8), 79-10 (9), 104-16 (6) or 116-35 (10) of the Decree: Attached Form 12-2;
13-3. Statement of (planned) business conversion under Article 30 (11) or (12) of the Decree: Attached Form 12-3;
13-4. Application for tax deferral under Article 30 (12), 73 (6), 79-3 (9) or 79-6 (7) of the Decree: Attached Form 12-4;
13-5. Report on the completion of the business conversion under Article 30 (13) of the Decree: Attached Form 12-5;
14. Application for tax reduction (exemption) for investment in kind, etc. under Article 30 (12), 63 (10) (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Article 68 (2) of the Act), 64 (9), 66 (9), 66-2 (12), 66-3 (9), 66-4 (9), 67 (9), 72 (8) or 79-11 of the Decree: Attached Form 13;
15. Application for tax reduction under Article 74 (3) of the Decree: Attached Form 14;
16. Report on the completion of relocation under Article 56 (7) 1 or 2, 57 (11) 1 or 2, 58 (4), 78 (6), 79-3 (10), 79-6 (8), 79-8 (10), 79-9 (10) or 79-10 (11) of the Decree: Attached Form 15;
16-2. Statement of (planned) relocation under Article 78 (5), 79-3 (8) or (9), 79-6 (6) or (7), 79-8 (8) or (9), 79-9 (8) or (9) or 79-10 (9) or (10) of the Decree: Attached Form 15-2;
17. Relocation plan under Article 63-2 (1) 2 of the Act or Article 56 (7) 2, 57 (11) 2 or 58 (4) of the Decree: Attached Form 16;
18. through 21. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
22. Statement of debts paid (or payable) under Articles 34 (19) and 116-30 (19) of the Decree: Attached Form 21;
23. Financial restructuring plan under Article 34 (18) of the Decree: Attached Form 21-2;
24. Report on performance of a financial restructuring plan under Articles 34 (18) and 37 (22) of the Decree: Attached Form 22;
25. Statement of transfer gains and a statement of adjustment for inclusion in gross income in installments under Articles 34 (19) and 116-30 (19) of the Decree: Attached Form 22-2;
25-2. Application for special taxation for comprehensive transfer of assets under Article 35 (15) of the Decree: Attached Form 23;
25-3. Statement of the asset adjustment account under Articles 35 (15) and (16) and 35-2 (15) of the Decree: Attached Forms 23-2 (A) and (B);
25-4. Application for special taxation for all-inclusive share swap, etc. under Article 35-2 (14) of the Decree: Attached Form 23-3;
25-5. Account statement of the aggregate of the book value of stocks of a wholly-owned subsidiary under Article 35-2 (15) of the Decree: Attached Form 23-4;
25-6. Statement of book value of stocks of a subsidiary corporation under Articles 35-3 (15) and 35-4 (7) of the Decree: Attached Form 23-5;
26. Submission of a statement of performance of a financial restructuring plan or of a self-rescue plan under Article 18 (7): Attached Form 25;
27. Statement on investment in kind under Articles 79-4 (5) and 79-5 (4) of the Decree: Attached Form 26;
27-2. Application for special taxation for investment in kind, etc. under Article 35-3 (14) of the Decree: Attached Form 26-2;
27-3. Application for special taxation for investment in kind, etc. under Article 35-4 (6) of the Decree;
28. Financial restructuring plan under Article 36 (17) of the Decree: Attached Form 27;
29. Report on performance of the financial restructuring plan under Article 36 (17) of the Decree: Attached Form 28;
30. Plan for transfer/acquisition (or liquidation) of a corporation under Article 36 (18) or (19) of the Decree: Attached Form 29;
31. Statement of debts assumed and paid under Articles 36 (18) and (19) and 116-31 (19) and (20) of the Decree: Attached Form 30;
32. Application for tax reduction or exemption under Articles 36 (18) and 116-31 (19) of the Decree: Attached Form 31;
32-2. Statement of adjustment for inclusion in gross income in installments under Articles 36 (19) and 116-31 (20) of the Decree: Attached Form 31-2;
33. Financial restructuring plan under Article 37 (22) of the Decree: Attached Form 32;
33-2. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
34. Statement of donated assets, a statement of debts paid (or payable) and a statement of adjustment for inclusion in gross income in installments under Articles 37 (23) and 116-32 (24) of the Decree: Attached Form 33;
34-2. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
35. Statement of debts paid (or payable) under Articles 37 (24) and (25) and 116-32 (25) and (26) of the Decree: Attached Form 34;
36. Application for tax reduction or exemption under Articles 37 (24) and (25) and 116-32 (25) and (26) of the Decree: Attached Form 35;
37. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
38. Application for tax reduction or exemption under Articles 40 (2) and 99 (4) of the Decree: Attached Form 37;
38-2. Statement of capital gains and a statement of adjustment for inclusion in deductible expenses under Article 35-5 (2) of the Decree: Attached Form 37-2;
39. Statement of debt relief under Articles 41 (4) and 116-33 (8) of the Decree: Attached Form 38;
39-2. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
40. Statement of assets received and an application for tax reduction or exemption under Article 42 (5) and (6) of the Decree: Attached Form 39;
40-2. Financial restructuring plan under Article 42 (5) and (6) of the Decree: Attached Form 39-2;
41. Financial restructuring plan under Article 43 (11) of the Decree: Attached Form 40;
41-2. Report on performance of the financial restructuring plan under Article 43 (11) of the Decree: Attached Form 40-2;
41-3. Statement of transfer/acquisition of stocks, etc. under Articles 43 (12) and 116-34 (12) of the Decree: Attached Form 40-3;
41-4. Application for tax deferral under Articles 43 (12), 73 (6) and 116-34 (12) of the Decree: Attached Form 40-4;
42. Application for deferred taxation on the gains from the transfer of stocks, such as the exchange of stocks of a venture business (or a logistics enterprise) under Articles 43-2 (9) and 43-3 (3) of the Decree: Attached Form 41;
42-2. Statement of (planned) acquisition of fixed assets under Articles 44-4 (7) and 116-35 (10) of the Decree: Attached Form 41-2;
43. Report on the completion of acquisition of fixed assets under Articles 44-4 (7) and 116-35 (10) of the Decree: Attached Form 41-3;
43-2. Application for tax deferral on the gains from the transfer of stocks, such as the exchange of stocks of an unlisted company under Article 43-7 (9) of the Decree: Attached Form 41-4;
43-3. Application for tax deferral on the gains from the transfer of stocks and a certificate of re-investment under Article 43-8 (12) of the Decree: Attached Form 41-5 and the Annex to attached Form 41-5;
43-4. Statement of reserves for compensation for losses under Article 45 (3) of the Decree: Attached Form 42;
44. Application for income deductions under Article 51-2 (5) of the Decree: Attached Form 43;
45. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
46. Plan for use of the disposal proceeds or a statement on use of the disposal proceeds under Articles 57 (11) 1 and 2 and 58 (4) of the Decree: Attached Form 45;
46-2. Statement of gains from the transfer of land, etc. under Articles 56 (7), 57 (11) and 58 (4) of the Decree: Attached Form 45-2;
46-3. Statement of calculation of tax reduction or exemption under Article 58 (11) of the Decree: Attached Form 45-3;
47. Statement of calculation of tax reduction or exemption under Article 60 (5) of the Decree: Attached Form 46;
47-2. Statement of the reduced or exempted amount of tax under Article 60-2 (13) of the Decree: Attached Form 46-2 and the Annex to attached Form 46-2;
47-3. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
48. Statement of the exempted amount of tax under Article 63 (7) of the Decree: Attached Form 47;
49. Application for tax exemption under Article 63 (8) of the Decree: Attached Form 48;
50. Statement of the exempted amount of tax under Article 64 (7) of the Decree: Attached Form 49;
51. Application for tax exemption under Article 64 (8) of the Decree: Attached Form 50;
51-2. Statement of the exempted amount of tax under Article 65 (5) of the Decree: Attached Form 50-2;
52. Application for tax exemption under Article 65 (6) of the Decree: Attached Form 51;
52-2. Confirmation on the period of operation of a livestock business and business closure under Article 66-2 (8) and (12) of the Decree: Attached Form 51-2;
52-3. Application for refunding capital gains tax on the sale, etc. of farmland for supporting business rehabilitation under Article 67-2 (1) of the Decree: Attached Form 51-3;
53. Application for tax reduction or exemption under Article 68 (9) of the Decree: Attached Form 52;
54. Application for waiver of tax on net income for the relevant term under Article 69 (2) of the Decree: Attached Form 53;
54-2. Application for designation of an organization eligible for donation incentives under Article 71 (2) of the Decree: Attached Form 53-2;
54-3. Report on whether an organization meets the requirements for an organization eligible for donation incentives under Article 71 (4) of the Decree: Attached Form 53-3;
54-4. Application for donation incentives under Article 71 (10) of the Decree: Attached Form 53-4;
54-5. Statement of applications for donation incentives under Article 75 (3) of the Act: Attached Form 53-5;
55. Application for tax reduction or exemption under Article 72 (4) and (7) of the Decree: Attached Form 54;
55-2. Document certifying that the relevant land has been expropriated under Article 72 (8) of the Decree: Attached Form 54;
56. Statement of compensation for a person who signed a special agreement to hold compensation bonds until the maturity (or a statement of compensation for a person to whom the substitute land has been transferred for compensation) and the notice of breach of the special agreement to hold such bonds until the maturity (or the notice of the change of the compensation method from substitute land to cash compensation for a person eligible for compensation by substituting the land) under Articles 72 (6) and 73 (2) and (3) of the Decree: Attached Forms 55 (1) and (2);
57. Application for the payment of capital gains tax in installments under Articles 78 (5), 79-8 (9), 79-9 (9) and 79-10 (10) of the Decree: Attached Form 56;
58. Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
59. Certificate of deposit in a personal pension savings account under Article 80 (4) of the Decree: Attached Form 58;
59-2. Certificate of deposit in a pension savings account under Article 80-2 (6) of the Decree: Attached Form 58-2;
59-3. Report on the ground for special termination under Articles 80-3 (7), 81 (7) and (12), 83 (10), 92-13 (5), 93 (11), 93-2 (9) and 93-4 (13) of the Decree: Attached Form 58-3;
59-4. Certificate of deposit in a mutual aid installment savings account under Article 80-3 (5) of the Decree: Attached Form 58-4;
59-5. Certificate of deposit in a housing savings account under Article 34 (1): Attached Form 58-5;
59-6. Letter of opinion under Article 35: Attached Form 58-6;
59-7. Non-homeowner certificate under Article 87 (3) of the Act: Attached Form 58-7;
59-8. Application for refund under Article 81 (7) of the Decree: Attached Form 58-8;
60. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
60-2. Statement of the separate taxation of dividend income from a real estate fund, etc. under Article 87-6 (4) of the Act: Attached Form 59-2;
61. Statement of non-taxation on dividends on employee stocks and of the refund of the withheld tax under Article 82-4 of the Decree: Attached Form 60;
61-2 and 61-3. Deleted; <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
61-4. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
61-5. Statement of withdrawal of employee stocks and taxation thereon under Article 82-4 of the Decree: Attached Form 60-5;
61-6. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
61-7. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
61-8. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
61-9. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
61-10 and 61-11. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 478, Mar. 13, 2015>
61-12. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
61-13. Certificate of deposit in a long-term collective investment savings account under Article 91-16 (3) of the Act: Attached Form 60-13;
61-14. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
61-15. Letter of opinion under Article 93-2 (3) of the Decree: Attached Form 60-15;
61-16. Application for tax reduction or exemption under Article 96 (6) of the Decree: Attached Form 60-16;
61-17. Letter of opinion under Article 92-13 (3) of the Decree: Attached Form 60-17;
61-18. Deleted; <by Ordinance of the Ministry of Strategy and Finance No. 555, Mar. 14, 2016>
61-19. Income certificate under Article 93-4 (2) of the Decree: Attached Form 60-19;
61-20. Letter of opinion under Article 93-4 (6) of the Decree: Attached Form 60-20;
62. Report on a housing lease under Article 97 (3) of the Decree (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Article 97-2 (2) of the Decree): Attached Form 61;
63. Application for tax reduction or exemption under Article 97 (4) (including cases to which the same paragraph shall apply mutatis mutandis pursuant to Articles 97-2 (2) and 97-5 (4) of the Decree): Attached Form 62;
63-2. Application for special taxation under Article 97-3 (5) of the Decree: Attached Form 62-2;
63-3. Application for special taxation for long-term rental housing under Article 97-4 (3) of the Decree: Attached Form 62-3;
63-4. Statement of investments in kind under Article 97-6 (9) of the Decree: Attached Form 62-4;
63-5. Statement of special taxation for investments in kind under Article 97-6 (9) of the Decree: Attached Form 62-5;
64. Report on special taxation for unsold housing units under Article 98 (4) of the Decree: Attached Form 63;
64-2: Application for imposing capital gains tax at a special rate under the main sentence of Article 99-2 (4) of the Decree: Attached Form 63-2;
64-3. Report on the acquisition of a newly-built house under Article 99-2 (5) of the Decree: Attached Form 63-3;
64-4. Report on special taxation for a person acquiring a house in an agricultural or fishing village under Article 99-4 (9) of the Decree: Attached Form 63-4;
64-5. Seal certifying unsold housing unit under Articles 98-2 (2) and (4), 98-4 (5), (8) and (9) and 98-6 (5), (8) and (9) of the Decree: Attached Form 63-5;
64-6. Unsold housing unit register under Articles 98-2 (5) and (6), 98-4 (8) through (10) and 98-6 (8) through (10) of the Decree: Attached Forms 63-6 (1) and (2);
64-7. Status of unsold housing units under Articles 98-4 (6), (7) and (9) and 98-6 (6), (7) and (9) of the Decree: Attached Form 63-7 (1) and 63-7 (2);
64-8. Application to cancel the obligation of payment of delinquent tax under Article 99-5 (3) of the Decree: Attached Form 63-8;
64-9. Notice of determination under Article 99-5 (4) of the Decree: Attached Forms 63-9 (1) and (2);
64-10. Seal certifying completed but unsold housing units under Article 98-5 (6), (9) and (10) of the Decree: Attached Form 63-10;
64-11. Status of unsold housing units after completion under Article 98-5 (7) of the Decree: Attached Forms 63-11 (1) and (2);
64-12. Register of completed but unsold housing units under Article 98-5 (9) of the Decree: Attached Forms 63-12 (1) and (2);
64-13. Status of newly-built housing units, etc. under Article 99-2 (9) of the Decree: Attached Forms 63-13 (1), (2) and (3);
64-14. Seal certifying newly-built housing units, etc. and the seal certifying existing housing units eligible for tax reduction or exemption under Article 99-2 (11) and (12) of the Decree: Attached Form 63-14;
64-15. Register for confirmation of newly-built houses (for project operators, etc.) under Article 99-2 (11) of the Decree: Attached Form 63-15;
64-16. Register for confirmation of newly-built houses (for the head of a Si/Gun/Gu) under Article 99-2 (14) of the Decree: Attached Form 63-16;
64-17. Register for confirmation of existing houses eligible for tax reduction or exemption under Article 99-2 (15) of the Decree: Attached Form 63-17;
64-18. Payment plan of delinquent taxes under Article 99-6 (3) of the Decree and Article 45-2 (1) of this Rule: Attached Form 63-18;
64-19. Application for deferred disposition of delinquent taxes or for deferred tax collection under Article 99-6 (8) of the Decree and Article 45-2 (2) of this Rule;
64-20. Notice of deferred disposition of delinquent taxes or deferred tax collection under Article 99-6 (11) of the Decree: Attached Form 63-20;
64-21. Certificate of interest payment under Article 99-7 (2) of the Decree: Attached Form 63-21;
64-22. Status of completed but unsold houses under Article 98-7 (6) of the Decree: Attached Forms 63-22 (1) and (2);
64-23. Register of completed but unsold housing units (for project operators, etc.) under Article 98-7 (9) of the Decree: Attached Form 63-23;
64-24. Seal certifying completed but unsold housing units under Article 98-7 (10) of the Decree: Attached Form 63-24;
64-25. Register of completed but unpurchased housing units (for the head of a Si/Gun/Gu) under Article 98-7 (10) of the Decree: Attached Form 63-25;
65. Statement of payment of housing subsidies under Article 100 (3) of the Decree: Attached Form 64;
65-2. Application for subsidies for labor encouragementand/or child care under Article 100-6 (1) or 100-30 (1) of the Act: Attached Form 64-2;
65-3. Report on the opening (change/withdrawal) of an account under Article 100-9 (1) of the Decree: Attached Form 64-3;
65-4. Notice of determination of subsidies for labor encouragement and/or child care under Article 100-9 (2) and 100-31 of the Decree: Attached Form 64-5;
65-5. Notice of restriction on refund of subsidies for labor encouragement and/or child care under Article 100-9 (3) and 100-31 of the Decree: Attached Form 64-5;
65-6. Certificate of investigator under Articles 100-12 and 100-31 of the Decree: Attached Form 64-6;
65-7. Statement of tax credits for electronically submitted statements of payment under Article 104-2 (3) of the Decree: Attached Form 64-7;
65-8. Application for special treatment for a shipping enterprise in the calculation of the tax base of corporate tax under Article 104-7 (5) of the Decree: Attached Form 64-8;
65-9. Statement of requirements for special treatment for a shipping enterprise in the calculation of the tax base of corporate tax under Article 104-7 (6) of the Decree: Attached Form 64-9;
65-10. Application for renunciation of special treatment for a shipping enterprise in the calculation of the tax base of corporate tax under Article 104-7 (7) of the Decree: Attached Form 64-10;
65-11. Statement of reserves for compensation for losses under Article 104 (4) of the Decree: Attached Form 64-11;
65-12. Report of special taxation of comprehensive real estate holding tax under Article 104-13 (1) of the Decree: Attached Forms 64-12 (1) and (2), Annexes (1) and (2) to attached Form 64-12 and attached Forms 64-13 (1) and (2);
65-13. Report of completion of acquisition under Article 104-16 (7) of the Decree: Attached Form 64-14;
65-14. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
65-15. Report on non-inclusion of (or modification in) the land for the construction of housing under Article 104-18 (1) of the Decree: Attached Forms 64-16 (1) and (2);
65-16. Statement of the reserve fund for participation under Article 104-6 (4) of the Decree: Attached Form 64-17;
65-17. Statement of loss reserves under Article 104-10 of the Decree: Attached Form 64-18;
65-18. Application for non-inclusion of bad debt allowances in gross income under Article 104-23 (3) of the Act: Attached Form 64-19;
65-19. Statement of tax reduction or exemption for an enterprise repatriating to the Republic of Korea under Article 104-21 (5) of the Decree: Attached Form 64-20;
65-20. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
65-21. Statement of dividends of a high-dividend company under Article 104-27 (4) of the Act: Attached Form 64-22;
65-22. Statement of taxes withheld from dividends on stocks of a high-dividend company under Article 104-27 (4) of the Act: Attached Form 64-23;
65-23. Report on the deduction of a deemed input tax amount under Article 104-25 (2) of the Decree: Attached Form 64-24;
65-24. Report on the deduction of a deemed input tax amount under Article 104-26 (1) of the Decree: Attached Form 64-25;
66. Monthly total sales table under Article 106 (12) 2 of the Decree: Attached Form 65;
67. Certificate of tax-free supply under Article 106 (12) 3 of the Decree: Attached Form 66;
67-2. Certificate of the supply price for outsourced meal services under Article 106 (13) of the Decree: Attached Form 66-2;
67-3. Sales ledger under Article 106 (16) of the Decree: Attached Form 66-3;
68. Certificate of a farmer or fisher under Article 106 (17) of the Decree and Article 48 (4) of this Rule: Attached Form 67;
68-2. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
68-3. Notice of non-payment under Article 106-12 (2) of the Decree: Attached Form 67-2;
68-4. Report on payment by proxy under Article 106-14 (3) of the Decree: Attached Form 67-3;
69. Statement of transactions of a foreign business operator and an application for the refund of value-added tax under Article 107 (2) of the Decree: Attached Form 68;
69-2. Certificate of provision of medical services under Article 107-3 (2) of the Act: Attached Form 68-2;
69-3. Application for the refund of value-added tax to a diplomat, etc. under Article 108 (3) of the Decree: Attached Form 68-3;
70. Report on the deduction of an input tax amount on recycled waste resources, etc. under Article 110 (5) of the Decree: Attached Forms 69 (1) and (2);
70-2. Report on the deduction of an input tax amount for scrap, etc. under Article 110-2 (4) of the Decree: Attached Forms 69-2 (1) and (2);
70-3. Application under Articles 112-2 (11), 112-3 (3) and 112-4 (5) of the Decree: Attached Form 69-3;
70-4. Statement of supply of petroleum eligible for tax reduction or exemption (Form A) as evidentiary document under Articles 112-2 (11), 112-3 (3) and 112-4 (5) of the Decree: Attached Form 69-4;
70-5. Statement of supply of petroleum eligible for tax reduction or exemption (Form B), as an evidentiary documentation under Articles 112-2 (11), 112-3 (3) and 112-4 (5) of the Decree: Attached Form 69-5;
70-6. Notice of details of refund under Article 112-4 (7) of the Decree: Attached Form 69-6;
70-7. Application for tax reduction or exemption for replacing a decrepit motor vehicle under Article 111 (1) of the Decree: Attached Form 69-7;
70-8. Verification of a motor vehicle to replace a decrepit diesel motor vehicle under Article 111 (3) of the Decree: Attached Form 69-7;
70-9. Application for refund (deduction) for the replacement of a decrepit diesel motor vehicle under Article 111 (6) of the Decree: Attached Form 69-8;
71. Application for tax exemption under Article 115 (9) of the Decree: Attached Form 70;
71-2. Application for confirmation of eligibility for exemption from additional tax collection under Article 116-10 (3) of the Decree: Attached Form 70-2;
71-3. Preliminary notice of determination under Article 116-3 (2) of the Decree: Attached Form 70-3;
71-4. Statement of deducted, reduced or exempted amount of tax and income tax on dividends under Article 116-2 (13) of the Decree: Attached Form 70-4;
71-5. Statement of hedging transactions (for stock derivatives) under Article 115 (4) of the Decree: Attached Form 70-5;
71-6. Statement of hedging transactions (for stock-index derivatives) under Article 115 (4) of the Decree: Attached Form 70-6;
71-7: Report on market-making transactions under Article 115 (6) of the Decree: Attached Form 70-7;
71-8. Business restructuring plan under Article 116-30 (18) of the Decree: Attached Form 70-8;
71-9. Report on the performance of a business restructuring plan under Articles 116-30 (18) and 116-32 (23) of the Decree: Attached Form 70-9;
71-10. Business restructuring plan under Article 116-31 (18) of the Decree: Attached Form 70-10;
71-11. Report on the performance of a business restructuring plan under Article 116-31 (18) of the Decree: Attached Form 70-11;
71-12. Plan for transfer/acquisition of a corporation under Article 116-31 (19) and (20) of the Decree: Attached Form 70-12;
71-13. Business restructuring plan under Article 116-32 (23) of the Decree: Attached Form 70-13;
71-14. Business restructuring plan under Article 116-33 (7) of the Decree: Attached Form 70-14;
71-15. Report on the performance of a business restructuring plan under Article 116-33 (7) of the Decree: Attached Form 70-15;
71-16. Business restructuring plan under Article 116-34 (11) of the Decree: Attached Form 70-16;
71-17. Report on the performance of a business restructuring plan under Article 116-34 (11) of the Decree: Attached Form 70-17;
71-18. Business restructuring plan under Article 116-35 (9) of the Decree: Attached Form 70-18;
71-19. Report on the performance of a business restructuring plan under Article 116-35 (9) of the Decree: Attached Form 70-19;
71-20. Report on arbitrage trading under Article 115 (13) of the Decree: Attached Form 70-20;
72. Statement of payment of gross income and deductible expenses by a purchaser under Article 117-4 (3) of the Decree: Attached Form 71;
73. Application for tax credit for increased revenue, etc. under Article 117-4 (3) of the Decree;
74. Application for refund of value-added tax for an importer of scrap, etc. under Article 48-6 (3): Attached Form 73;
75. and 75-2. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
75-3. and 75-4. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008>
75-5. Confirmation of amounts spent on credit cards, etc. under Article 121-2 (7) of the Decree: Attached Form 74-5;
75-6. Application for income deduction for credit cards, etc. under Article 121-2 (8) of the Decree: Attached Form 74-6;
75-7. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 204, Apr. 7, 2011>
76. Application for tax credit for the amount of value-added tax on cash a receipt service operator under Article 121-3 (9) of the Decree: Attached Form 75;
77. through 79. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 614, Mar. 17, 2017>
80. Application for verification of cash transactions under Article 121-5 (2) of the Decree: Attached Form 77;
80-2. Application for tax deduction for expenses incurred in verifying compliant filing under Article 121-6 (2) of the Decree: Attached Form 78;
81. Application for tax reduction or exemption or an application for amending details of tax reduction or exemption under Article 51-3 (1): Attached Form 80 (including that Form in English);
82. Application for preliminary verification of eligibility for tax reduction or exemption under Article 51-3 (2): Attached Form 81 (including that Form in English);
83. Report on the date of business commencement under Article 51-4: Attached Form 82;
83-2. Statement of investment under Article 116-4 (5) of the Decree: Attached Form 82-2;
84. Application for exemption from customs duties, individual consumption tax and value-added tax under Article 51-5: Attached Form 83 (including that Form in English);
85. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
86. Application for special taxation for partnerships under Article 100-16 (1) of the Decree: Attached Form 104;
86-2. Application for waiving special taxation for a partnership under Article 100-16 (2) of the Decree: Attached Form 104-2;
87. Tax return on the tax base and amount of corporate tax on quasi-liquidation income under Article 100-16 (7) of the Decree: Attached Form 105;
88. Statement of contribution of dormant deposits under Article 104-17 of the Decree: Attached Form 106;
88-2. Statement of contributions to credit rehabilitation services companies under Article 104-11 (6) of the Act: Attached Form 106-2;
89. Application for exemption from withholding tax on profits from the sale of inventory assets in logistics facilities of a non-resident, etc. in a bonded area under Article 134-2 (1) of the Decree: Attached Form 84-2;
90. Report on the details of calculation and allocation of income of partnership firms under the main sentence of Article 100-24 of the Decree: Attached Forms 107 (1), (2-1) and (2-2), the Annex to attached Form 107 (2-2), attached Forms 107 (3-1) and (3-2), Annexes 1 and 2 to attached Form 107 (3-2), attached Form 107 (4-1) and (4-2), the Annex to attached Form 107 (4-2), attached Forms 107 (5-1) and (5-2) and Annexes 1 and 2 to attached Form 5-2;
91. Statement of adjustment of an equity price under subparagraph 2 of Article 100-24 of the Decree: Attached Form 108;
92. Statement of deficits exceeding the limit on allocation under subparagraph 2 of Article 46-2 : Attached Form 109;
93. Statement of carried-over deficits allocated to passive partners under subparagraph 3 of Article 46-2: Attached Form 110;
94. Statement of allocation of tax amount of partnership firms under subparagraph 4 of Article 46-2: Attached Form 111;
95. Statement of adjustment of inclusion in deductible expenses of an amount equivalent to deemed dividends, etc. under Article 104-19 (4) of the Decree: Attached Form 112;
96. Application for confirmation eligibility for exemption from customs duties in accordance with subparagraph 2 of Article 51-7: Attached Form 113.
(2) Forms for transactions, etc. of gold bullions shall be as follows: <Newly Inserted by Ordinance of the Ministry of Finance and Economy No. 306, Mar. 24, 2003; Ordinance of the Ministry of Finance and Economy No. 258, Mar. 6, 2004; Ordinance of the Ministry of Finance and Economy No. 421, Mar. 11, 2005; Ordinance of the Ministry of Strategy and Finance No. 16, Apr. 29, 2008; Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009; Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
1. Payment return of value-added tax on gold bullions under Article 106-3 (9) of the Decree: Attached Form 85;
2. Receipt for collecting value-added tax on gold bullions under Article 106-3 (10) of the Decree: Attached Form 86;
3. Statement of facts regarding transactions of tax-free gold bullions under Article 106-3 (12) 1 of the Decree: Attached Forms 87 (1) and (2);
4. Statement of facts regarding importation of tax-free gold bullions under Article 106-3 (12) 1 of the Decree: Attached Forms 88 (1) and (2);
5. Statement of facts regarding consignment of gold bullions under Article 106-3 (12) 2 of the Decree: Attached Forms 89 (1) and (2);
6. Statement of facts regarding recommendation of tax-free gold bullions under Article 106-3 (12) 3 of the Decree: Attached Forms 90 (1) and (2);
7. Application for approval of transactions of tax-free gold bullions (for wholesalers, etc. of gold bullions) under Article 106-4 (1) of the Decree: Attached Form 91;
8. Application for approval of recommendation of transactions (importation) of tax-free gold bullions under Article 106-4 (2) of the Decree: Attached Form 92;
9. Application for approval of transactions of tax-free gold bullions (for gold craftsmen, etc.) under Article 106-4 (4) of the Decree: Attached Form 93;
10. Report on a change in the approval of transactions of tax-free gold bullions under Article 106-4 (5) and (6) of the Decree: Attached Form 94;
11. Report on the change of the recommender of transactions (importation) of tax-free gold bullions in accordance with Article 106-4 (8) of the Decree: Attached Form 95;
12. Report on the refund of value-added tax on gold bullions under Article 106-5 (3) of the Decree: Attached Form 96;
12-2. Confirmation of the security provided for tax payment for tax-free gold bullions under Article 106-8 (2) of the Decree: Attached Form 96-2;
13. Application for confirmation on exemption from customs duties and value-added tax under Article 59-2: Attached Form 97;
14. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 70, Apr. 7, 2009>
15. Application for a refund under Article 48-4 (3) of the Decree: Attached Form 99;
16. and 17. Deleted. <by Ordinance of the Ministry of Strategy and Finance No. 406, Mar. 14, 2014>
18. Statement of production and release of gold bullions under Article 106-11 (2) of the Decree: Attached Form 103.
ADDENDA
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (General Applicability)
The amended provisions concerning value-added tax in this Rule shall begin to apply to taxable periods that begin on or after January 1, 1999.
Article 3 (Applicability to Exemption, etc. of Foreign Engineers from Income Tax)
The amended provisions of Article 9 (1) shall begin to apply to license agreements entered into for engineering technology after the amendment (Act No. 5596) to the Engineering Industry Promotion Act.
Article 4 (Applicability to Capital Gains Tax or Special Value-Added Tax)
(1) The amended provisions concerning capital gains tax or special value-added tax in this Rule shall begin to apply to transfers occurring after this Rule enters into force.
(2) The amended provisions of Article 18 (3) shall begin to apply where a business year begins after the amendment (Presidential Decree No. 15685) to the Act on Regulation of Tax Reduction and Exemption enters into force.
(3) The amended provisions of Article 19 shall begin to apply to transfers occurring after the amendment (Presidential Decree No. 15976) to the Act on Regulation of Tax Reduction and Exemption enters into force.
(4) The amended provisions of Article 45 shall begin to apply to transfers occurring after the amendment (Presidential Decree No. 5561) to the Act on Regulation of Tax Reduction and Exemption enters into force.
Article 5 (Applicability to Tax Credit for Investment in Specific Facilities)
The amended provisions of item (c) (18) in the column "Energy-Saving Facilities" in attached Form 3-2 shall begin to apply to investments made after this Rule enters into force.
Article 6 (Transitional Measure concerning Existing Holders of Long-Term Employee Savings Accounts)
Notwithstanding the amended provisions of Article 37 (4), a person who has directly deposited savings in an institution managing long-term employee savings accounts under a savings agreement directly entered into by the person before this Rule enters into force or such representative of such person may directly deposit savings.
Article 7 (General Transitional Measure concerning Forms)
The forms provided for in the former provisions shall begin to apply to applications, etc. for tax reduction or exemption by the former provisions.
Article 8 Omitted.
Article 9 (Relationship to Other Statutes)
Any reference to the former Enforcement Rule of the Act on Regulation of Tax Reduction and Exemption or any former provisions by other statutes in force at the time this Rule enters into force shall be deemed a reference to this Rule or the relevant provisions of this Rule.
ADDENDA <Ordinance No. 87, May 24, 1999>
(1) (Enforcement Decree) This Rule enters into force on the date of its promulgation.
(2) (Relationship to Other Statutes) A reference to Articles 6 through 8 and 22 (3) of the former Enforcement Rule of the Foreign Investment Promotion Act by other statutes in force at the time this Rule enters into force shall be deemed a reference to the amended provisions of Articles 51-2 through 51-6 of the Enforcement Rule of the Restriction of Special Taxation Act.
ADDENDUM <Ordinance No. 106, Sep. 30, 1999>
This Rule enters into force on the date of its promulgation.
ADDENDA <Ordinance No. 132, Mar. 30, 2000>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Scope of Research and Human Resources Development Expenses)
The amended provisions of Article 7 (11) shall begin to apply to reports submitted after this Rule enters into force.
Article 3 (Special Provisions concerning Small Household Savings Accounts and Small Bond Savings Accounts)
(1) In applying the former provisions of Article 39 (1) which shall be effective until December 31, 2000 under the proviso to Article 1 of the Addenda; household money trusts, new savings trusts, unit money trusts and additional money trusts (limited to those opened on or after the promulgation date of this Rule) held by trust companies under the Trust Business Act shall be deemed savings products eligible for comprehensive transactions through a tax-preferred comprehensive account book under Article 39 (1) 1.
(2) In applying the former provisions of Article 40 (1) which shall be effective until December 31, 2000 under the proviso to Article 1 of the Addenda; mortgage-backed bonds and mortgage securities issued by a special-purpose company for mortgage-backed bonds under the Act on Special-Purpose Companies for Mortgage-Backed Bonds (limited to those issued on or after the promulgation date of this Rule) shall be deemed bonds and securities under the amended provisions of Article 40 (1).
Article 4 (Special Provisions concerning Tax-Preferred Savings Accounts)
(1) "Savings accounts specified by Ordinance of the Ministry of Strategy and Finance" in Article 17 (1) of the amendment (Presidential Decree No. 16693) to the Enforcement Decree of the Restriction of Special Taxation Act means high-yield securities investment trusts, subordinated debenture investment trusts and subordinated debenture money trusts managed by a trustee company under the Securities Investment Trust Business Act or by a trust company under the Trust Business Act.
(2) Paragraph (1) shall begin to apply to the income paid on or after January 1, 2000.
Article 5 (Transitional Measure concerning Tax-Preferred Savings Eligible for Special Treatment in Withholding)
The former provisions of Articles 36 through 41 shall begin to apply to tax-preferred savings accounts deemed tax-preferred comprehensive savings accounts under Article 20 of the Addenda to the amendment (Presidential Decree No. 16693) to the Enforcement Decree of the Restriction of Special Taxation Act until the maturity of each of such accounts.
Article 6 (Transitional Measure concerning Forms)
Applications, etc. for tax reduction or exemption under the former provisions of the Act or the Decree shall be prepared in the former provisions.
ADDENDA <Ordinance No. 145, Jun. 28, 2000>
(1) (Enforcement Date) This Rule shall enter into force on July 1, 200.
(2) (Applicability) This Rule shall begin to apply to transactions for the supply of goods or services or imports declared after this Rule enters into force.
ADDENDA <Ordinance No. 184, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 5, 6 and 15 of attached Table 10 and those of subparagraph 18 thereof shall enter into force on July 1, 2001 and September 1, 2001, respectively. <Amended by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
Article 2 (Applicability to Calculation of Debt Ratio)
The amended provisions of Article 18 (3) and (4) shall begin to apply where a tax base or tax amount is determined or corrected after this Rule enters into force.
Article 3 (Applicability to Scope of Cultural or Arts Organizations)
The amended provisions of Article 29-2 shall apply from the taxable year in which this Rule enters into force.
Article 4 (Applicability to Scope, etc. of Additional Tax on Termination of Pension Savings Accounts)
The amended provisions of Article 33-2 shall apply from the taxable year in which this Rule enters into force.
Article 5 (Applicability to Adjustment of Scope of Tax-Free Businesses of Organizations Performing Services on Behalf of Government)
The amended provisions of subparagraphs 5, 6 and 15 of attached Table 10 shall begin to apply to transactions for the supply of goods or services on or after July 1, 2001.
Article 6 Deleted. <by Ordinance of the Ministry of Finance and Economy No. 253, Mar. 30, 2002>
Article 7 (Transitional Measure concerning Forms)
Applications, etc. for tax reduction or exemption under the former provisions of the Act or the Decree shall be prepared through the former provisions.
ADDENDA <Ordinance No. 224, Sep. 29, 2001>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amneded provisions of subparagraph 5 of attached Table 10 shall enter into force on October 1, 2001.
Article 2 (Applicability to Tax Credit for Investment)
The amended provisions of subparagraph 1 of attached Table 1 shall begin to apply to investments executed on or after September 3, 2001.
Article 3 (Applicability, etc. to Tax-Free Businesses of Organizations Performing Services on Behalf of Government)
(1) The amended provisions of subparagraph 5 of attached Table 10 shall begin to apply to transactions for the supply of goods or services on or after October 1, 2001.
(2) A business operator who has any taxable business added under the amended provisions of subparagraph 5 of attached Table 10 shall file an application for business registration or a report on the correction of registration with the head of the competent tax office during the period between October 1, 2001 and October 20, 2001; upon receipt of such application or report the head of the competent tax office shall issue a business registration certificate or a corrected certificate within seven days.
(3) If goods or services on which value-added tax shall be levied under the amended provisions of subparagraph 5 of attached Table 10 are supplied before a business registration certificate is provided on or after October 1, 2001 such goods or services may be deemed to be supplied on October 31, 2001.
(4) Where a taxable business is added under the amended provisions of subparagraph 5 of attached Table 10 the input tax amount shall be calculated in accordance with Article 17 (1) of the Value-Added Tax Act for commodities, products, raw materials and other inventory assets acquired in relation to the business on or before October 1, 2001 (excluding depreciated assets and limited to those supplied with tax invoices and thus eligible for the deduction of the input tax amount) and shall be deducted by not more than the amount of value-added tax payable for transactions for three months from October 1, 2001.
(5) A person who wishes to have an input tax amount deducted under paragraph (4) shall report the relevant inventory asset(s to the head of the tax office having jurisdiction over the place for tax payment by November 30, 2001.
(6) If any depreciated asset that a business operator who has any additional business on which value-added tax shall be levied under the amended provisions of subparagraph 5 of attached Table 10 acquires on or before September 30, 2001 in relation to such additional business is reused for a tax-free business such re-use shall not be deemed the supply of goods under Article 15 of the Enforcement Decree of the Value-Added Tax Act: Provided, That the foregoing shall not apply to an increase in the value of a depreciated asset if the value of the depreciated asset increases on or after October 1, 2001 due to capital expenditure for such asset.
ADDENDA <Ordinance No. 253, Mar. 30, 2002>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Value-Added Tax)
The amended provisions concerning value-added tax in this Rule shall begin to apply to transactions for the supply of goods or services after this Rule enters into force.
Article 3 (Applicability to Guidelines, etc. for Use of Reserve Funds for Research and Human Resources Development)
The amended provisions of Articles 6 (13) and 7 (5) shall begin to apply to the funds expended or obtained in the business year that begins on or after January 1, 2002.
Article 4 (Applicability to Scope of Securities in Foreign Currency)
The amended provisions of Article 11 (2) shall begin to apply to securities transferred after this Rule enters into force.
Article 5 (Applicability to Scope of Investment in Facilities for Improving Productivity)
The amended provisions of Article 12 (1) shall begin to apply to investments made on or after September 3, 2001 for which a tax base return shall be filed on or after January 1, 2002 (excluding tax returns filed after the deadline under Article 45-3 of the Framework Act on National Taxes).
Article 6 (Applicability to Scope of Consumer Service Businesses)
The amended provisions of Article 57 shall begin to apply to the taxable year in which this Rule enters into force.
Article 7 (Applicability to Scope of Facilities for Preventing Pollution)
The amended provisions of attached Table 4 shall begin to apply to investments made after this Rule enters into force.
ADDENDUM <Ordinance No. 263, May 17, 2002>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 306, Mar. 24, 2003>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (General Applicability)
(1) The amended provisions concerning capital gains tax in this Rule shall begin to apply to the transfers occurring after this Rule enters into force.
(2) The amended provisions concerning capital gains tax in this Rule shall begin to apply to transactions for the supply of goods or services after this Rule enters into force.
Article 3 (Applicability to Guidelines, etc. for Use of Reserve Funds for Research and Human Resources Development)
The amended provisions of Articles 6 (14) and 7 (6) shall begin to apply to expenses incurred on or after January 1, 2003.
Article 4 (Applicability to Special Taxation on Alien Employees)
The amended provisions of Article 10 shall begin to apply to educational expenses, etc. paid on or after January 1, 2003.
Article 5 (Applicability to Scope of Facilities for Environmental Conservation)
The amended provisions of attached Table 4 shall begin to apply to investments made in related facilities, etc. on or after January 1, 2003.
ADDENDA <Ordinance No. 382, Dec. 15, 2003>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Ordinance No. 358, Mar. 6, 2004>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (General Applicability)
The amended provisions concerning value-added tax in this Rule shall begin to apply to transactions for the supply of goods or services or imports declared after this Rule enters into force.
Article 3 (Applicability to Expansion, etc. of Scope . of Expenses of Reserve Funds for Research and Human Resources Development, Eligible for Inclusion in Deductible Expenses)
The amended provisions of Article 6 (8) shall begin to apply to relevant expenses disbursed or incurred on or after January 1, 2004.
Article 4 (Applicability to Scope, etc. of Business Assets Eligible for Temporary Tax Credit for Investment)
The amended provisions of subparagraph 3 of Article 14 and attached Tables 5, 7 and 9 shall begin to apply to investments made on or after January 1, 2004.
Article 5 (Applicability to Special Cases concerning Inclusion of Depreciation Cost in Deductible Expenses)
The amended provisions of Articles 14-2 and 14-3 shall begin to apply where a tax base return is filed on or after January 1, 2004 (excluding tax returns filed after the deadline under Article 45-3 of the Framework Act on National Taxes).
Article 6 (Applicability to Withdrawal of Approval of Wholesalers of Tax-Free Gold Bullions)
The amended provisions of Article 48-3 shall begin to apply where approval is withdrawn during a fiscal quarter in which this Rule enters into force.
Article 7 (Applicability to Scope, etc. of Appurtenant Land)
The amended provisions of Article 51 shall begin to apply to applications filed for tax reduction or exemption after this Rule enters into force.
Article 8 (Applicability to Scope of Factories according to Standards for Investment for Extension)
The amended provisions of Article 53 shall begin to apply investments made on or before January 1, 2004.
Article 9 (Applicability to Application for Confirmation onTax Exemption for Development of Submarine Mineral Resources)
The amended provisions of Article 59-2 shall begin to apply to applications for verification of tax exemption filed after this Rule enters into force.
Article 10 (Applicability to Tax-Free Business of Organization Performing Services on Behalf of Government)
Where a person whose business is added to the scope of businesses exempted from value-added tax under the amended provisions of subparagraph 38 of attached Table 10 supplies reclamation service after this Rule enters into force and has an input tax deducted under Article 17 (1) of the Value-Added Tax Act for services supplied in connection with the reclamation service before this Rule enters into force, such person shall file a return on the deducted input tax amount with the head of the tax office having jurisdiction over the place for tax payment and shall pay the tax amount by April 25, 2004.
Article 11 (Applicability to Amendment of Forms)
(1) The amended provisions of Article 61 shall begin to apply to tax returns filed on or after March 1, 2004.
(2) The amended provisions of attached Forms 69, 69 (1) and 69 (2) shall begin to apply to tax returns filed on or after July 1, 2004.
Article 12 (Transitional Measure concerning Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of Article 61 such return shall be filed on the former forms.
ADDENDA <Ordinance No. 379, Apr. 24, 2004>
(1) (Enforcement Date) This Rule enters into force on the date of its promulgation.
(2) (Applicability to Exemption of Market Wholesalers from Value-Added Tax for Consignment Sales Business and Incidental Business Operations) The amended provisions of subparagraph 20 of attached Table 10 shall begin to apply to goods or services supplied after this Rule enters into force.
(3) (Applicability to Exemption of Port Authority from Value-Added Tax for Collection of Freight Fees) The amended provisions of subparagraph 39 of attached Table 10 shall begin to apply to the taxable period in which this Rule enters into force.
ADDENDA <Ordinance No. 396, Oct. 16, 2004>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope, etc. of Reserve Funds for Research and Human Resources Development)
The amended provisions of Articles 6 (5) and 7 (11) shall begin to apply to expenses incurred during the taxable year in which June 5, 2004 occurs.
Article 3 (Applicability to Amendment of Forms)
The amended provisions of Article 61 (1) shall begin to apply to relevant forms filed after this Rule enters into force
Article 4 (Applicability to Tax Credit for Facilities for Reducing Wastes)
The amended provisions of subparagraph 4 of attached Table 4 shall begin to apply to investments made on or after January 1, 2004.
Article 5 (Applicability to Scope of Facilities for Rationalizing Distribution Industry)
(1) The amended provisions of subparagraph 13 of attached Table 5 shall begin to apply to investments made after this Rule enters into force.
(2) The amended provisions of subparagraph 2 of the Notes to attached Table 5 shall begin to apply to investments made on or after January 1, 2004.
Article 6 (Applicability to Scope of Energy-Saving Facilities)
The amended provisions of subparagraph 1 (b) (1) of attached Table 8-3 shall begin to apply to investments made after this Rule enters into force.
ADDENDA <Ordinance No. 421, Mar. 11, 2005>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Tax Credit for Gratuitous Transfer of Patent, etc.)
The amended provisions of Article 6 (9) 5 shall begin to apply to patents and utility model rights gratuitously transferred after this Rule enters into force.
Article 3 (Applicability to Scope of Facilities for Environment and Safety)
The amended provisions of Article 13 (9) and (10) and subparagraphs 4, 8-3 and 8-4 of attached Table 4 shall begin to apply to facilities in which investments are made on or after January 1, 2005.
Article 4 (Applicability to Scope of Amount of Investments in Cultural Projects)
The amended provisions of Article 46-2 shall begin to apply to investments made on or after January 1, 2005.
Article 5 (Applicability to Special Treatment in Calculating Tax Base of Corporate Tax on Shipping Enterprises)
The amended provisions of Article 46-3 shall apply from the business year that begins on or after January 1, 2005.
Article 6 (Applicability to Upward Adjustment of Standard Amount for Wholesalers of Tax-Free Gold Bullions)
The amended provisions of Article 48-2 (1) shall begin to apply to transactions of gold bullions approved after this Rule enters into force.
Article 7 (Applicability to Amount Excluded from Borrowings)
The amended provisions of Article 56-2 shall apply from the business year in which a return is filed on or after January 1, 2005.
Article 8 (Applicability to Scope of Facilities for Rationalizing Distribution Industry)
The amended provisions specified in the second column, "Scope of Application" of subparagraph 13 of attached Table 5 shall begin to apply to facilities in which investments are made after this Rule enters into force.
Article 9 (Applicability to Scope of Energy-Saving Facilities)
The amended provisions specified in the third column, "Scope of Application" of subparagraph 1 (b) (i) f. of attached Table 8-5 (former attached Table 8-3) shall begin to apply to facilities in which investments are made after this Rule enters into force.
Article 10 (Applicability to Tax-Free Business of Organizations Performing Services for Government)
The amended provisions of subparagraph 40 of attached Table 10 shall begin to apply to goods or services supplied on or after January 1, 2005.
ADDENDA <Ordinance No. 305, Oct. 13, 2005>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Ordinance No. 478, Dec. 31, 2005>
(1) (Enforcement Date) This Rule shall enter into force on January 1, 2006.
(2) (General Applicability) This Rule shall begin to apply to transfers occurring after this Rule enters into force.
ADDENDA <Ordinance No. 504, Apr. 17, 2006>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (General Applicability)
(1) This Rule shall begin to apply to transactions for the supply of goods or services or imports declared after this Rule enters into force.
(2) The amended provisions concerning capital gains tax in this Rule shall begin to apply to the transfers occurring after this Rule enters into force.
Article 3 (Applicability to Special Treatment in Calculating Tax Base of Corporate Tax on Shipping Enterprises)
The amended proviso to Article 46-3 (2) 2 shall begin to apply to applications filed for special treatment in calculating a tax base after this Rule enters into force.
Article 4 (Transitional Measure concerning Decisions to Approve Rehabilitation Plan under the Debtor Rehabilitation and Bankruptcy Act pursuant to Amended Proviso to Article 18 (1))
Decisions to approve a reorganization plan under the former Company Reorganization Act, decisions to approve composition under the former Composition Act and decisions to approve forced composition under the former Bankruptcy Act shall be deemed decisions to approve a rehabilitation plan under the Debtor Rehabilitation and Bankruptcy Act pursuant to the amended proviso to Article 18 (1).
ADDENDUM <Ordinance No. 512, Jul. 5, 2006>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 548, Mar. 30, 2007>
(1) (Enforcement Date) This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) (Applicability to Scope, etc. of Business Assets Eligible for Temporary Tax Credit for Investment) Subparagraph 4 of Article 14 shall begin to apply to investments made on or after January 1, 2007.
(3) (Applicability to Scope, etc. of Individual Pension Savings Accounts) The amended provisions of Articles 33 (4) and 33-2 (4) shall begin to apply to year-end settlements for the taxable year in which this Rule enters into force and subsequent taxable years.
ADDENDUM <Ordinance No. 579, Oct. 29, 2007>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 584, Nov. 23, 2007>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (General Applicability)
This Rule shall apply to the total annual amount paid for credit cards, etc. during the year in which this Rule enters into force and that for each subsequent year.
ADDENDA <Ordinance No. 16, Apr. 29, 2008>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (General Applicability)
(1) This Rule shall begin to apply to transactions for the supply of goods or services or imports declared after this Rule enters into force.
(2) The amended provisions concerning capital gains tax in this Rule shall begin to apply to the transfers occurring after this Rule enters into force.
Article 3 (Applicability to Scope of Small or Medium Enterprises)
(1) The amended provisions of Article 2 (1) shall begin to apply to the taxable year in which this Rule enters into force.
(2) The amended provisions of Article 2 (7) shall begin to apply to the taxable year that ends on or after January 1, 2009.
Article 4 (Applicability to Scope of Research and Human Resources Development Expenses)
The amended provisions of Article 7 (11) 3 shall begin to apply to the taxable year in which this Rule enters into force.
Article 5 (Applicability to Scope of Energy-Saving Facilities)
The amended provisions of Article 13-2 (2) shall begin to apply to the taxable year in which this Rule enters into force.
Article 6 (Applicability to Adjustment of Scope of Tax-Free Business of Organization Performing Services on Behalf of Government)
The amended proviso to subparagraph 11 specified in the column "Tax-Free Business" of attached Table 10 shall begin to apply to goods or services supplied under a contract entered into after this Rule enters into force.
Article 7 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of Article 61 and relevant forms such return shall be filed on the former forms.
ADDENDUM <Ordinance No. 21, Apr. 30, 2008>
This Rule shall enter into force on May 1, 2008.
ADDENDUM <Ordinance No. 36, Oct. 15, 2008>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 48, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope, etc. of Business Assets Eligible for Temporary Tax Credit for Investment)
The amended provisions of Article 14 shall begin to apply to the taxable year in which this Rule enters into force.
Article 3 (Applicability to Facilities for Preventing Technology Leaks)
The amended provisions of attached Table 8 shall begin to apply to investments made after this Rule enters into force.
Article 4 (Applicability to Facilities for Manufacturing Equipment for Producing New and Renewable Energy)
The amended provisions of attached Table 8-4 shall begin to apply to the taxable year in which this Rule enters into force.
ADDENDA <Ordinance No. 70, Apr. 7, 2009>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Business Assets)
The amended provisions of Article 3 (1) 1 and attached Table 1 shall begin to apply to the taxable year in which this Rule enters into force.
Article 3 (Applicability to Scope of Expenses of Research and Human Resources Development)
The amended provisions of Article 7 (11) 4 and 5 shall begin to apply to the taxable year in which this Rule enters into force.
Article 4 (Applicability to Facilities for Rationalizing Distribution Industry)
The amended provisions of attached Table 3 shall begin to apply to investments made after this Rule enters into force.
Article 5 (Applicability to Facilities for Manufacturing Equipment for Producing New and Renewable Energy)
The amended provisions of attached Table 8-4 shall begin to apply to the taxable year in which this Rule enters into force.
Article 6 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of Article 61 and relevant forms such return shall be filed on the former forms.
ADDENDA <Ordinance No. 96, Aug. 28, 2009>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Expenses of Research and Human Resources Development)
The amended provisions of Article 7 (1) 2 shall begin to apply to expenses disbursed to research institutes and specialized departments publicly notified by the Minister of Strategy and Finance after this Rule enters into force.
Article 3 (Applicability to Special Treatment in Calculating Tax Base of Corporate Tax on Shipping Enterprises)
The amended provisions of Articles 46-3 and 61 (1) 651-10 shall begin to apply to business years for which a tax return is filed after the partial amendment (Presidential Decree No. 21545) to the Enforcement Decree of the Restriction of Special Taxation Act enters into force.
ADDENDA <Ordinance No. 151, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (General Applicability)
(1) The amended provisions concerning capital gains tax in this Rule shall begin to apply to the transfers occurring after this Rule enters into force.
(2) The amended provisions concerning value-added tax in this Rule shall begin to apply to transactions for the supply of goods or services or imports declared after this Rule enters into force.
Article 3 (Applicability to Scope of Areas Eligible for Special Support for Local Small or Medium Enterprises)
The amended provisions of subparagraphs 1, 2 and 3 of Article 25 shall begin to apply to small or medium enterprises relocating to any of such complexes after this Rule enters into force; while the former provisions shall begin to apply to small or medium enterprises that concluded a sale and purchase contract by March 20, 2010 to relocate to the Second Jeongup Industrial Complex or the Daebul Industrial Complex and relocated to such complex thereafter.
Article 4 (Applicability to Scope and Value of Securities, etc.)
The amended provisions of Articles 45-2 (1) 1 and 45-3 (1) 2 shall begin to apply to applications filed for labor encouragement subsidies after this Rule enters into force.
Article 5 (Applicability to Accompanying Documents in Reporting Details of Calculation and Distribution of Income of Partnership Firms)
The amended provisions of Article 46-2 shall begin to apply to the business year for which a tax return is filed after the partial amendment (Presidential Decree No. 9921) to the Enforcement Decree of the Restriction of Special Taxation Act enters into force.
Article 6 (Applicability to Special Treatment in Calculating Tax Base of Corporate Tax on Shipping Enterprises)
The amended provisions of Article 46-3 (2) shall begin to apply to the business year that begins on or after the enforcement date of the same provisions under the proviso to Article 1 of the Addenda.
Article 7 (Applicability to Facilities for Improvement, Automation and Informatization of Work Process, Equipment for Developing Overseas Resources and Energy-Saving Facilities)
The amended provisions of attached Tables 1-2, 8-2 and 8-3 shall begin to apply to investments made after this Rule enters into force.
Article 8 (Applicability to Adjustment of Scope of Tax-Free Business of Organizations Performing Services for Government)
The amended provisions of subparagraphs 3, 6, 11 and 15 of attached Table 10 shall begin to apply to goods and services supplied under a contract entered into after this Rule enters into force.
Article 9 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted after this Rule enters into force.
ADDENDUM <Ordinance No. 157, Jun. 8, 2010>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 160, Jun. 30, 2010 >
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 374, Jun. 30, 2010>
Article 1 (Enforcement Date)
This Rule shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Ordinance No. 182, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2011. (Proviso Omitted.)
Article 2 (Applicability)
(1) The amended provisions of subparagraphs 3, 5, 45 and 48 through 50 of attached Table 10 shall begin to apply to the transactions for the supply of goods or services after this Rule enters into force.
(2) The amended provisions of subparagraph 47 of attached Table 10 shall begin to apply to the transactions for the supply of goods or services under a contract entered into after this Rule enters into force.
ADDENDA <Ordinance No. 204, Apr. 7, 2011>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Form 69 (1) and 69 (2) shall enter into force on July 1, 2011. .
Article 2 (Applicability to Scope of Small or Medium Enterprises)
The amended provisions of Article 2 (2) shall begin to apply to the taxable year in which this Rule enters into force.
Article 3 (Applicability to Adjustment of Scope of Tax-Free Business of Organizations Performing Services for Government)
The amended provisions of attached Table 10 shall begin to apply to goods or services supplied under a contract or imports declared after this Rule enters into force.
Article 4 (Applicability to Forms)
(1) The amended provisions concerning forms shall begin to apply to the forms used to file a tax return, submitting a report or giving notice after this Rule enters into force.
(2) Notwithstanding paragraph (1), the amended provisions of attached Forms 69 (1) and (2) shall begin to apply to goods supplied after the amended provisions of attached Forms 69 (1) and (2) enter into force under the proviso to Article 1 of the Addenda.
Article 5 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of Article 61 and relevant forms such return shall be filed on the former forms.
ADDENDA <Ordinance No. 225, Aug. 3, 2011>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Method for Calculating Ratio of Investment in Assets Related to Green Industry)
The amended provisions of Article 42 shall begin to apply to investments made in assets related to the green industry after this Rule enters into force.
Article 3 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to forms used to file a tax return or submit a report after this Rule enters into force.
ADDENDA <Ordinance No. 251, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2012.
Article 2 (Repeal of Other Statutes)
The Rule on the Reduction of Customs Duties under Article 118 of the Restriction of Special Taxation Act shall be hereby repealed.
Article 3 (Applicability)
This Rule shall begin to apply to goods for which an import declaration is filed after this Rule enters into force.
ADDENDA <Ordinance No. 264, Feb. 28, 2012>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Small or Medium Enterprises)
The amended provisions of Article 2 (2) shall begin to apply to the taxable year in which this Rule enters into force.
Article 3 (Applicability to Facilities for Improvement, Automation and Informatization of Work Process, High-Technology Equipment and Energy-Saving Facilities)
The amended provisions of attached Tables 2 and 8-3 shall begin to apply to investments made after this Rule enters into force.
Article 4 (Applicability to Adjustment of Scope of Tax-Free Business of Organizations Performing Services for Government)
The amended provisions of subparagraph 5 of attached Table 10 shall begin to apply to goods and services supplied on or after March 2, 2012.
Article 5 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted after this Rule enters into force.
Article 6 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of Article 61 and relevant forms such return shall be filed on the former forms.
ADDENDA <Ordinance No. 300, Oct. 15, 2012>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 61 and relevant forms shall begin to apply to transfers occurring after the partial amendment (Act No. 11486) of the Restriction of Special Taxation Act enters into force.
ADDENDA <Ordinance No. 309, Dec. 31, 2012>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2013.
Article 2 (General Applicability)
(1) The amended provisions of attached Table 10 shall begin to apply to transactions for the supply of goods or services after this Rule enters into force.
(2) The amended provisions of subparagraph 2 of attached Table 13 shall begin to apply to goods for which an import declaration is filed after this Rule enters into force.
ADDENDA <Ordinance No. 322, Feb. 23, 2013>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Special Taxation of Corporate Tax on Association Corporations, etc.)
The amended provisions of Article 29 shall begin to apply to the business year that begins on or after January 1, 2013.
Article 3 (Applicability to Energy-Saving Facilities)
The amended provisions of subparagraph 1 of attached Table 8-3 shall begin to apply to investments made after this Rule enters into force.
Article 4 (Applicability to Forms)
The amended provisions concerning forms shall apply to tax returns and forms filed or submitted after this Rule enters into force: Provided, That attached Form 104 shall begin to apply to the submission on or after January 1, 2014.
Article 5 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of relevant forms such return shall be filed on the former forms.
ADDENDA <Ordinance No. 342, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Ordinance No. 351, May 14, 2013>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 355, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Rule shall enter into force on July 1, 2013.
Articles 2 through 11 Omitted.
ADDENDA <Ordinance No. 373, Oct. 21, 2013>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Documents and Forms Submitted for Special Taxation for Delinquent Taxes, etc. of Resurgent Small or Medium Entrepreneurs)
The amended provisions concerning documents and forms to be submitted shall begin to apply where any document or application is submitted or filed or a notice is given after this Rule enters into force.
ADDENDA <Ordinance No. 387, Dec. 26, 2013>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Expansion of Scope of Business Assets Eligible for Tax Credit for Job-Creating Investment)
The amended provisions of subparagraph 6 of Article 14 shall begin to apply to the taxable year that begins on or after January 1, 2014.
ADDENDA <Ordinance No. 392, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2014.
Article 2 (Applicability to Special Taxation for Payment by Purchasers of Copper Scrap, etc.)
This Rule shall begin to apply to transactions for the supply of goods or services or imports declared after this Rule enters into force.
Article 3 (Applicability to Articles Eligible for Reduction of Customs Duties)
The amended provisions of subparagraph 2 of attached Table 13 shall begin to apply to goods for which an import declaration is filed after this Rule enters into force.
Article 4 (Applicability to Forms)
The amended provisions concerning forms shall apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force.
Article 5 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of relevant forms such return shall be filed on the former forms.
ADDENDA <Ordinance No. 402, Feb. 28, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force.
ADDENDA <Ordinance No. 406, Mar. 14, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Expansion of Scope of Business Assets Eligible for Tax Credit for Investments by Small or Medium Enterprises)
The amended provisions of Article 3 (1) 4 shall begin to apply to investments made after this Rule enters into force.
Article 3 (Applicability to Expansion of Scope of Assets Eligible for Tax Credit for Job-Creating Investment)
The amended provisions of Article 14 and attached Table 3 shall begin to apply to the taxable year that begins on or after January 1, 2014.
Article 4 (Applicability to Scope, etc. of Farmland)
(1) The amended provisions Article 27 (2) 1 and Article 27 (2) 2 shall begin to apply to transfers occurring on or after the enforcement date specified in the proviso to Article 1 of the Addenda.
(2) The amended provisions of the latter part of Article 27 (2) 1 shall begin to apply to transfers occurring after this Rule enters into force.
Article 5 (Applicability to Exception, etc. to Period for Commencement of Cultivating Substitute Farmland)
The amended provisions of Article 27-3 shall begin to apply where previously owned farmland is transferred and new farmland is acquired on or after the enforcement date specified in the proviso to Article 1 of the Addenda.
Article 6 (Applicability to Establishment of Procedure for Submission of Opinions of Holders of Long-Term Collective Investment Securities Savings Accounts)
The amended provisions of Article shall begin to apply where a notice is given after this Rule enters into force.
Article 7 (Applicability to Expansion of Scope of Investments Eligible for Tax Credit in Facilities for Improving Productivity)
The amended provisions of subparagraph 4 of attached Table 2 shall begin to apply to investments made after this Rule enters into force.
Article 8 (Applicability to Expansion of Scope of Facilities Eligible for Tax Credit for Investments in Energy-Saving Facilities)
The amended provisions of subparagraph 1 (a) of attached Table 8-3 shall begin to apply to investments made after this Rule enters into force.
Article 9 (Applicability to Adjustment of Assets Eligible for Tax Credit for Investments in Facilities for Environmental Conservation)
The amended provisions of subparagraph 6 of attached Table 8-5 shall begin to apply to investments made after this Rule enters into force.
Article 10 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force.
Article 11 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of relevant forms such return shall be filed on the former forms.
ADDENDA <Ordinance No. 424, May 26, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Amendment of Forms)
Forms in use under the former provisions as at the time this Rule enters into force shall continue to be in use; however, the blank previously provided for a resident registration number but deleted or replaced by a blank for a date of birth under this Rule shall be deleted or modified.
ADDENDA <Ordinance No. 428, Jul. 4, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Forms)
The amended provisions concerning forms shall apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force.
ADDENDA <Ordinance No. 444, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Ordinance No. 460, Feb. 13, 2015>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Forms)
The amended provisions of attached Form 74-6 shall begin to apply to forms submitted after the partial amendment (Act No. 12853) to the Restriction of Special Taxation Act enters into force.
ADDENDA <Ordinance No. 478, Mar. 13, 2015>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability, etc. to Recognition of Expenses of Research Institutes, etc. Eligible for Tax Credit for Research and Human Resources Development Expenses)
(1) The amended provisions of Article 7 (1) 2 shall begin to apply to corporate-affiliated creative research institutes or specialized corporate creative departments accredited after this Rule enters into force.
(2) Notwithstanding Article 7 (1) 2, the former provisions shall begin to apply to research institutes or specialized departments to which tax credits have been granted under the former provisions of Article 7 (1) 2 at the time this Rule enters into force.
Article 3 (Applicability to Expenses Disbursed to Performance Compensation Fund for Core Personnel)
The amended provisions of Article 7 (10) shall begin to apply to tax base returns filed on income tax or corporate tax after this Rule enters into force.
Article 4 (Applicability to Scope of Areas Eligible for Special Support for Local Small or Medium Enterprises)
(1) The amended provisions of subparagraphs 3 through 6 and 8 of Article 25 shall begin to apply to small or medium enterprises relocating to any of such areas after this Rule enters into force.
(2) Notwithstanding the amended provisions of subparagraph 3 of Article 25, the former provisions shall apply to small or medium enterprises relocating to the Jangheung Haedang General Industrial Complex pursuant to the former provisions of subparagraph 3 of Article 25.
Article 5 (Applicability to Scope of Securities, etc.)
The amended provisions of Article 45-3 (1) 2 (c) shall begin to apply to applications filed for labor encouragement subsidies or child care subsidies after this Rule enters into force.
Article 6 (Applicability to Standards for Proportional Distribution of Common Gross Income and Common Deductible Expenses in Tax Reduction or Exemption for Capital Increase)
The amended provisions of Article 51-6 shall begin to apply to tax base returns filed for income tax or corporate tax after this Rule enters into force.
Article 7 (Applicability to Scope of Organizations Performing Services for Government and Exempted from Value-Added Tax)
The amended provisions of subparagraph 5 of attached Table 10 shall begin to apply to goods or services supplied after this Rule enters into force.
Article 8 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force: Provided, That the amended provisions of attached Form 74-5 shall begin to apply to forms submitted after the partial amendment (Act No. 12853) to the Restriction of Special Taxation Act enters into force.
Article 9 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of relevant forms such return shall be filed on the former forms.
ADDENDUM <Ordinance No. 506, Oct. 30, 2015>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 539, Feb. 25, 2016>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Forms)
The amended provisions of attached Form 53-2 through 53-5 and 74-5 and 74-6 shall begin to apply to applications or documents filed or submitted after this Rule enters into force.
ADDENDA <Ordinance No. 555, Mar. 14, 2016>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Requirements, etc. for Exemption from Securities Transaction Tax)
The amended provisions of Article 50-6 (2) through (9) shall begin to apply to stocks that are transferred after this Rule enters into force.
Article 3 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force: Provided, That attached Form 68-2 shall begin to apply to medical services supplied on or after the enforcement date specified in the proviso to Article 1 of the Addenda.
Article 4 (Transitional Measure concerning Requirements, etc. for Exemption from Securities Transaction Tax)
Notwithstanding the amended provisions of Article 50-6 (2) through (9), the former provisions shall apply to stocks transferred before this Rule enters into force.
Article 5 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction or an application, submit a document or give a notice due to amended provisions of the relevant forms such return, application, document or notice shall be filed, submitted or given on the former forms.
ADDENDUM <Ordinance No. 569, Aug. 9, 2016>
This Rule shall enter into force on August 13, 2016.
ADDENDUM <Ordinance No. 606, Mar. 10, 2017>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 614, Mar. 17, 2017>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Research and Human Resources Development Expenses)
The amended provisions of Article 7 (10) 4 shall begin to apply where a small or medium enterprise disburses expenses to the Performance Compensation Fund for Core Personnel of Small and Medium Enterprises or has an amount refunded due to early termination after this Rule enters into force.
Article 3 (Applicability to Recognition of Values Appraised by Appraisers Not Belonging to Appraisal Firm)
The amended provisions of Article 15 (2) 1 shall begin to apply to any consolidation or conversion into a corporation or investment in kind occurring after this Rule enters into force.
Article 4 (Applicability to Submission of Materials for Verifying Eligibility for Applying for Subsidies for Labor Encouragement and/or Child Care)
The amended provisions of Article 45-6 (2) and (3) shall begin to apply where a request is given to a person for submission of materials on or after the enforcement date of this Rule.
Article 5 (Applicability to Calculation of Tax Base of Corporate Tax on Shipping Enterprises)
The amended provisions of Article 46-3 (6) shall begin to apply to tax base returns filed after this Rule enters into force.
Article 6 (Applicability to Limit on Deductible Income to Be Included in Reserves for Proper Purpose Business of National Federation of Fisheries Cooperatives)
The amended provisions of Article 51-10 shall begin to apply to tax base returns filed after this Rule enters into force.
Article 7 (Applicability to Tax Credit for Investment in Energy-Saving Facilities)
The amended provisions of the attached Table 8-3 shall begin to apply to investments made on or after January 1, 2018.
Article 8 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force.
Article 9 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of relevant forms such return shall be filed on the former forms.
ADDENDA <Ordinance No. 649, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2018.
Article 2 (Transitional Measure concerning Equipment and Material for Production and Use of New and Renewable Energy Eligible for Reduction of Customs Duties)
Notwithstanding the amended proviso to Article 50-4 (2) and the amended provisions of attached Table 13, the former provisions shall apply to goods for which an import declaration is filed before this Rule enters into force.
ADDENDUM <Ordinance No. 653, Jan. 9, 2018>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 669, Mar. 21, 2018>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 3, 5, 6, 15, and attached Table 10 shall enter into force on July 1, 2018.
Article 2 (Applicability to Upward Adjustment of Increase Rate of Average Wages of Small or Medium Enterprises as Criterion for Eligibility for Taxation for Increase of Earned Income)
The amended provisions of Article 14-2 (3) shall apply from the taxable year that begins on or after January 1, 2018.
Article 3 (Applicability to Scope, etc. of Newly Growing Service Industries Eligible for Tax Credits for Social Insurance Premiums of Small or Medium Enterprises)
The amended provisions of Article 14-4 (1) shall apply from the taxable year that begins on or after January 1, 2018.
Article 4 (Applicability to Scope of Areas Eligible for Special Support for Local Small or Medium Enterprises)
The amended provisions of subparagraphs 9 and 10 of Article 25 shall begin to apply to small or medium enterprises relocating to any of such complexes after this Rule enters into force.
Article 5 (Applicability to Adjustment of Businesses Exempted from Value Added Tax, Conducted by Organizations Performing Services on Behalf of Government)
(1) The amended provisions of subparagraphs 3, 5, 6, 15, 20, 37, 41 and 47 of attached Table 10 shall begin to apply to goods or services supplied after this Rule enters into force.
(2) The amended provisions of subparagraph 57 of attached Table 10 shall begin to apply to tax returns filed or to decisions or corrections made on or after February 13, 2018.
Article 6 (Applicability to Forms)
The amended provisions concerning forms shall begin to apply to tax returns and forms filed or submitted or to notices given after this Rule enters into force.
Article 7 (Transitional Measure concerning Amendment of Forms)
If impracticable to file a return on tax reduction in the amended forms due to the amendment of relevant forms such return shall be filed on the former forms.