ENFORCEMENT DECREE OF THE CERTIFIED TAX ACCOUNTANT ACT
Wholly Amended by Presidential Decree No. 4983, May 8, 1970
Amended by Presidential Decree No. 6470, Jan. 20, 1973
Presidential Decree No. 6875, Sep. 27, 1973
Presidential Decree No. 7575, Mar. 15, 1975
Presidential Decree No. 8355, Dec. 31, 1976
Presidential Decree No. 9238, Dec. 30, 1978
Presidential Decree No. 10368, jun. 24, 1981
Presidential Decree No. 11378, Mar. 2, 1984
Presidential Decree No. 13002, May 7, 1990
Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14980, Apr. 19, 1996
Presidential Decree No. 15198, Dec. 31, 1996
Presidential Decree No. 15972, Dec. 31, 1998
Presidential Decree No. 16937, Aug. 5, 2000
Presidential Decree No. 17594, May 6, 2002
Presidential Decree No. 17834, Dec. 30, 2002
Presidential Decree No. 18357, Apr. 6, 2004
Presidential Decree No. 18971, Jul. 27, 2005
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19894, Feb. 28, 2007
Presidential Decree No. 20516, Dec. 31, 2007
Presidential Decree No. 20720, Feb. 29, 2008
Presidential Decree No. 21298, Feb. 4, 2009
Presidential Decree No. 22186, jun. 8, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22777, Mar. 29, 2011
Presidential Decree No. 22998, jun. 30, 2011
Presidential Decree No. 23141, Sep. 16, 2011
Presidential Decree No. 23604, Feb. 2, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 24638, jun. 28, 2013
Presidential Decree No. 25204, Feb. 21, 2014
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27959, Mar. 27, 2017
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28688, Mar. 6, 2018
Presidential Decree No. 29542, Feb. 12, 2019
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32952, Oct. 13, 2022
Presidential Decree No. 33564, jun. 27, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe the matters mandated by the Certified Tax Accountant Act and those necessary for the enforcement thereof. [This Article Wholly Amended on Sep. 16, 2011]
| Article 1-2 (Composition of Certified Tax Accountant Qualification Screening Committee) |
| (1) | The Certified Tax Accountant Qualification Screening Committee (hereinafter referred to as the "Committee") referred to in Article 3-2 (1) of the Certified Tax Accountant Act (hereinafter referred to as the "Act") shall consist of 12 members, including one Chairperson and one Vice Chairperson. |
| (2) | The Commissioner of the National Tax Service shall serve as the Chairperson of the Committee, the Deputy Commissioner of the National Tax Service as the Vice Chairperson of the Committee, and the following persons shall be members of the Committee: <Amended on Feb. 21, 2014> |
| 1. | One person designated by the Minister of Economy and Finance at the request of the Commissioner of the National Tax Service, from among Grade III public officials of the Ministry of Economy and Finance or members in general service of the Senior Executive Service of the Ministry of Economy and Finance; |
| 2. | Three persons designated by the Commissioner of the National Tax Service, from among Grade III public officials of the National Tax Service or members in general service of the Senior Executive Service of the National Tax Service; |
| 3. | Six persons commissioned by the Chairperson, from among the following persons: |
| (a) | Certified tax accountants recommended by the president of the Korean Association of Certified Public Tax Accountants; |
| (b) | Persons such as university professors who have abundant knowledge and experience in tax systems; |
| (3) | The terms of office of members referred to in paragraph (2) 3 shall be two years. |
| (4) | A person who has designated a member under paragraph (2) 1 or 2 may revoke the designation where the member falls under any of the following: <Newly Inserted on Feb. 12, 2019> |
| 1. | Where a member becomes unable to perform his or her duties due to mental or physical disabilities; |
| 2. | Where a member commits irregularities in relation to his or her duties; |
| 3. | Where a member is deemed inappropriate due to neglect of duty, injury of his or her dignity or other reasons; |
| 4. | Where a member personally indicates his or her intention to discontinue performing his or her duties. |
| (5) | Where a member referred to in paragraph (2) 3 falls under any subparagraph of paragraph (4), the Chairperson may dismiss the member. <Newly Inserted on Feb. 12, 2019> |
[This Article Wholly Amended on Sep. 16, 2011]
[Title Amended on Feb. 12, 2019]
| Article 1-3 (Meetings of Certified Tax Accountant Qualification Screening Committee) |
| (1) | The Chairperson of the Committee shall preside over its meetings. |
| (2) | Where the Chairperson of the Committee is unable to perform his or her duties for any unavoidable reason, the Vice Chairperson shall act on behalf of the Chairperson. |
| (3) | The Committee shall open its meetings with the attendance of at least 2/3 of all incumbent members and resolutions on matters shall be passed with the concurrent vote of a majority of those present. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 1-4 (Methods and Subjects of Examinations) |
| (1) | A preliminary test of a qualification examination for certified tax accountants (hereinafter referred to as "examination") provided for in Article 5 of the Act shall be conducted in the form of a written multiple-choice test and a secondary test thereof shall be conducted in the form of a written essay test. |
| (2) | The subjects of a preliminary test shall be as shown in attached Table 1, and those of a secondary test, in attached Table 2. |
| (3) | Scores on a preliminary test on English among the subjects under paragraph (2) shall be substituted for those on an English examination conducted by another examination agency (hereafter in this Article referred to as "English examination") after January 1 of the fifth anniversary from the due date of receipt of an application for the preliminary test (limited to scores announced before the date of the preliminary test and verified in accordance with the methods specified in the public announcement made under Article 4 (2)). <Amended on Oct. 13, 2022; Jun. 27, 2023> |
| (4) | The kinds of an English examination and required scores to pass an English examination shall be as listed in attached Table 3. |
| (5) | Deleted. <Oct. 13, 2022> |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 1-5 (Partial Exemption from Examinations) |
| (2) | "Some of the subjects of a secondary test prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 5-2 (2) of the Act means Parts I and II of the science of tax law, among the subjects of examination listed in attached Table 2. |
| (3) | Any person who intends to be exempted from a preliminary test and some of the subjects of a secondary test pursuant to Article 5-2 (1) and (2) of the Act shall attach a career certificate determined by Ordinance of the Ministry of Economy and Finance (hereinafter referred to as "career certificate") and a copy of the public official's personnel record to an application for examination: Provided, That where a current five-year career certificate or a copy of public official's personnel record is not revised since it has been submitted along with an application for examination, the relevant applicant may choose not to attach such certificate or copy to an application for examination to be submitted thereafter. |
| (4) | A career certificate and a copy of public official's personnel record referred to in paragraph (3) shall, upon a request of a person who intends to apply for an examination, be issued by the head of the agency with which the applicant is affiliated or has been affiliated as at the time of his or her retirement. |
| (5) | No document submitted under paragraph (3) shall be returned. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 1-6 (Calculation Basis of Career of Persons Partially Exempted from Examinations) |
For the purposes of the provisions of Article 5-2 (1) and (2) of the Act, the base date for career calculation shall be the due date of receipt of applications for the relevant examination. [This Article Wholly Amended on Sep. 16, 2011]
| Article 2 (Determination of Minimum Number of Successful Candidates in Secondary Tests) |
The Minister of Economy and Finance may determine the minimum number of successful candidates in a secondary test (excluding the number of successful candidates under Article 8 (2) 2) following deliberation by the Committee, in consideration of the supply of and demand for certified tax accountants. <Amended on Oct. 13, 2022> [This Article Wholly Amended on Sep. 16, 2011]
| Article 3 Deleted. <Aug. 5, 2000> |
| Article 4 (Implementation and Public Announcement of Examinations) |
| (1) | The examination shall be implemented at least once a year. |
| (2) | The Minister of Economy and Finance shall make a public announcement of the following matters not later than 90 days before the date of administering the examination: <Amended on Oct. 13, 2022; Jun. 27, 2023> |
| 1. | The date and time, place, and methods of the examination; |
| 2. | Matters regarding the submission of scores on a English examination prescribed in Article 1-4 (3); |
| 3. | The minimum number of successful candidates in a secondary test under Article 2; |
| 4. | Matters regarding the procedures and methods for refund of application fees under Article 6 (2); |
| 5. | Other matters necessary to administer the examination. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 5 (Applications for Examinations) |
Any person who intends to apply for a preliminary test or a secondary test shall submit an application for each test to the Minister of Economy and Finance. <Amended on Jun. 27, 2023>
[This Article Wholly Amended on Sep. 16, 2011]
| (1) | Any person who intends to apply for a preliminary test or a secondary test shall pay an application fee in an amount determined by Ordinance of the Ministry of Economy and Finance. <Amended on Jun. 27, 2023> |
| (2) | If an applicant who has paid an application fee pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Economy and Finance shall refund the applicant an amount prescribed in the following subparagraphs: <Amended on Feb. 2, 2012; Jun. 27, 2023> |
| 1. | If he or she has erroneously paid or overpaid an application fee: The full amount of the application fee erroneously paid or overpaid; |
| 2. | If he or she fails to take the examination due to the grounds attributable to an examination-administering agency: The full amount of the application fee paid; |
| 3. | If he or she withdraws his or her application during an application filing period: The full amount of the application fee paid; |
| 4. | If he or she withdraws his or her application from the date following the due date of receipt of applications for the examination to 20 days prior to the date of the examination: The amount equivalent to 60/100 of the application fee paid; |
| 5. | If he or she withdraws his or her application 10 to 19 days prior to the date of the examination: The amount equivalent to 50/100 of the application fee paid. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 7 Deleted. <Aug. 5, 2000> |
| Article 8 (Selection of Successful Candidates) |
| (1) | In a preliminary test, any applicant who has earned a score of at least 40 out of 100 on each subject, except for an English subject, with an overall average of at least 60 shall be selected as a successful candidate. |
| (2) | In a secondary test, any applicant who has earned a score of at least 40 out of 100 on each subject and falls under under the following shall be selected as a successful candidate: <Amended on Oct. 13, 2022> |
| 1. | Where an applicant sits for all subjects of a secondary test and falls under the following items: |
| (a) | An applicant who earns an overall average of at least 60; |
| (b) | Where the number of applicants falling under item (a) falls short of the minimum number of successful candidates prescribed in Article 2, from among the number of applicants falling short of the minimum number whose overall averages in all subjects are consecutively higher than that of other unsuccessful candidates. In such cases, the number of successful candidates exceeds the minimum number of successful candidates because some applicants earn the same score (referring to a score calculated to two decimal places), all of such applicants shall be selected as successful candidates; |
| 2. | Where exemption from some subjects in a secondary test is granted under Article 5-2 (2): The following applicants: |
| (a) | Where the number of applicants falling under subparagraph 1 (a) is not less than the minimum number of successful candidates prescribed in Article 2: An applicant who earns an overall average of at least 60 on the subjects he or she applies for; |
| (b) | Where the number of applicants falling under subparagraph 1 (a) is less than the minimum number of successful candidates prescribed in Article 2: An applicant whose overall average on the subjects he or she applies for is not less than the score calculated in accordance with the following formula. In such cases, the average score shall be calculated to two decimal places. |
The overall average of applicants above the cut-off, among successful candidates prescribed in subparagraph 1 (b), in a secondary test
x
[The average score on Accounting I and II specified in attached Table 2 of applicants for a secondary test on all subjects / The overall average of applicants for a secondary test on all subjects]
| (3) | Deleted. <Oct. 13, 2022> |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 9 (Public Announcement and Notification of Successful Candidates) |
When successful candidates are selected, the Minister of Economy and Finance shall give public announcement of their names through the Official Gazette, and notify the successful candidates thereof.
[This Article Wholly Amended on Sep. 16, 2011]
| Article 10 Deleted. <Sep. 16, 2011> |
| Article 11 (Issuance of Certificate of Qualification) |
| (1) | The Minister of Economy and Finance shall issue a certificate of qualification as a certified tax accountant to a person qualified as a certified tax accountant pursuant to Article 3 of the Act. |
| (2) | Any person who intends to apply for the issuance of a certificate of qualification as a certified tax accountant in accordance with paragraph (1), shall submit to the Minister of Economy and Finance an application for issuance of a certificate of qualification, along with a document attesting his or her qualification, as prescribed by Ordinance of the Ministry of Economy and Finance. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 12 (Registration) |
| (1) | “Matters prescribed by Presidential Decree including his or her name, name and location of the relevant office, whether he or she has resigned from the position of tax official under subparagraph 17 of Article 2 of the Framework Act on National Taxes (hereinafter referred to as “tax accountant who resigned as public official”) and number of certificate of qualification” in Article 6 (1) of the Act means any of the following: <Newly Inserted on Feb. 12, 2019> |
| 1. | Name and date of birth of a certified tax accountant; |
| 2. | Name and location of the office; |
| 3. | Number of certificate of qualification; |
| 4. | The year when he or she has passed the examination; |
| (2) | Any person who intends to register his or her name in the register of certified tax accountants pursuant to Article 6 (1) of the Act shall file an application for registration including matters referred to in paragraph (1) with the Minister of Economy and Finance, as prescribed by Ordinance of the Ministry of Economy and Finance. <Amended on Feb. 12, 2019> |
| (3) | Upon receipt of an application for registration pursuant to paragraph (2), the Minister of Economy and Finance shall, without delay, record the applicant's name in the register of certified tax accountants, except as provided for in each subparagraph of Article 6 (3) of the Act. <Amended on Feb. 12, 2019> |
| (4) | The Minister of Economy and Finance shall issue a certificate of registration as a certified tax accountant to a person whose name is recorded in the register of certified tax accountants. <Amended on Feb. 12, 2019> |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 12-2 (Renewal of Registration) |
| (1) | Each person who intends to renew his or her registration pursuant to Article 6 (2) of the Act shall file an application for renewal of registration for a certified tax accountant with the Minister of Economy and Finance at least 30 days before the registration expires, along with a document prescribed by Ordinance of the Ministry of Economy and Finance, such as a registration certificate as a certified tax accountant. |
| (2) | Upon receipt of an application for renewal of registration pursuant to paragraph (1), the Minister of Economy and Finance shall register the applicant's name in the register of certified tax accountants and issue a renewed registration certificate as a certified tax accountant, except as provided for in each subparagraph of Article 6 (3) of the Act. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 13 (Register of Certified Tax Accountants) |
| (1) | The following matters shall be stated in register of certified tax accountants: |
| 1. | Matters referred to in the subparagraphs of Article 12 (1); |
| 2. | Matters concerning commencement, suspension or closure of business and revocation of registration; |
| 3. | Matters concerning disciplinary actions; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Economy and Finance. |
| (2) | Register of Certified Tax Accountant shall be prescribed by Ordinance of the Ministry of Economy and Finance. |
[This Article Wholly Amended on Feb. 12, 2019]
| Article 14 (Reporting on Revisions to Registered Matters) |
Where matters registered under Article 6 (5) of the Act are revised, the relevant certified tax accountant shall, without delay, report such revised matters to the Minister of Economy and Finance through the Korean Association of Certified Public Tax Accountants (in cases of certified public accountants registered under the Certified Public Accountant Act or attorneys-at-law registered under the Attorney-at-Law Act, referring to the Korean Institute of Certified Public Accountants or the Korean Bar Association with which they are affiliated, respectively; hereinafter referred to as "affiliated association"). <Amended on Feb. 21, 2014; Feb. 12, 2019; Oct. 13, 2022> [This Article Wholly Amended on Sep. 16, 2011]
CHAPTER II-2 RIGHTS AND OBLIGATIONS OF CERTIFIED TAX ACCOUNTANT
| Article 14-2 (Report on Results of Services) |
| (1) | A statement of results of services provided referred to in Article 14 (1) of the Act shall be prescribed by Ordinance of the Ministry of Economy and Finance. |
[This Article Newly Inserted on Feb. 12, 2019]
[Previous Article 14-2 moved to Article 14-3 <Feb. 12, 2019>]
| Article 14-3 (Scope of State Agencies Subject to Restrictions on Being Awarded Contracts) |
| (1) | State agencies subject to restrictions on being awarded contracts under the main clause of Article 14-3 (1) of the Act shall be all the state agencies in which the relevant certified tax accountants serve as state public officials under the State Public Officials Act from one year before they retire until retirement. |
| (2) | Each of the following State agencies shall be deemed a separate State agency in applying the main clause of Article 14-3 (1) of the Act: |
| 2. | Where any administrative agency is affiliated with a central administrative agency under subparagraph 1, each administrative agency: Provided, That a branch office is established under the jurisdiction of the head of a tax office pursuant to Article 36 of the Decree on the Organization of the National Tax Service and Institutions under Its Jurisdiction, such tax office and branch office shall be deemed the same State agency; |
| 3. | The Supreme Court, a high court, a patent court, a district court, a family court, an administrative court, a bankruptcy court, a branch court of a district court or a family branch court, a family branch court, and a Si/Gun court under Article 3 of the Court Organization Act, and a chamber of a high court that handles affairs at the seat of a district court under its jurisdiction under Article 27 (4) of the Court Organization Act: Provided, That if two branches of a district court and family court are united into a one branch court as prescirbed in Article 3 (2) of the Court Organization Act, such district court and family court shall be deemed the same State agency; |
| 4. | The Supreme Prosecutors' Office, a high prosecutors' office, district prosecutors' office, and a branch office of a district court under Article 3 of the Prosecutors' Office Act, and a chamber of a high prosecutors' office that handles affairs at the location of a district prosecutors' office under its jurisdiction as prescribed in Article 19 (2) of theat Act; |
| 7. | The Korean National Police Agency, a City/Do police agency, and a police station under Articles 12 and 13 of the Act on the Organization and Operation of National Police and Autonomous Police |
| (3) | The following agencies shall not be deemed State agencies subject to restrictions on being awarded contracts in applying the main clause of Article 14-3 (1) of the Act: |
| 1. | A State agency in which a certified tax accountant has not actually worked due to secondment, acting on behalf of other persons, education and training, a leave of absence, maternity leave, disciplinary actions, etc.; |
| 2. | A State agency in which a certified tax accountant has not actually worked, if he or she is affiliated with at least two agencies due to holding concurrent positions, etc.; |
| 3. | A State agency in which a certified tax account has worked for not more than one year due to secondment, acting on behalf of other persons, holding concurrent positions, etc. |
[This Article Newly Inserted on Oct. 13, 2022]
[Previous Article 14-3 moved to Article 14-6 <Oct. 13, 2022>]
| Article 14-4 (Scope of Affairs Performed by State Agencies Subject to Restrictions on Being Awarded Contracts) |
| 2. | Affairs regarding taxation related to objections (limited to requests for examination and adjudication) to the dispositions prescribed in Article 89 (1) of the Framework Act on Local Taxes (including the dispositions under the proviso of Article 89 (2) 1 of that Act and subparagraph 3 of that paragraph); |
| 3. | Affairs regarding interpretation of the following statutes, and Presidential Decrees, Ordinances, and Enforcement Rules for the enforcement of such statutes with regard to taxation: |
| 4. | Affairs related to administrative appeals against development charges under Article 26 of the Restitution of Development Gains Act |
| 6. | Affairs related to inquiries, inspections, investigations conducted for the imposition, collection, etc. of taxes by State agencies. |
[This Article Newly Inserted on Oct. 13, 2022]
[Previous Article 14-4 moved to Article 14-7 <Oct. 13, 2022>]
| Article 14-5 (Scope of Contracts Awarded for Purposes of Public Interest That Are Not Subject to Restrictions on Being Awarded Contracts) |
Contracts awarded for the purposes of public interest under the proviso of Article 14-3 (1) of the Act shall be any of the following contracts for tax agent services: | 2. | Tax agent services designated by the Korean Association of Certified Public Tax Accountants as free public interest activities; |
| 3. | Tax agent services designated by the Minister of Economy and Finance and equivalent to those prescribed in subparagraph 1 or 2. |
[This Article Newly Inserted on Oct. 13, 2022]
[Previous Article 14-5 moved to Article 14-8 <Oct. 13, 2022>]
CHAPTER II-3 TAX ACCOUNTING CORPORATION
| Article 14-6 (Registration of Tax Accounting Corporations) |
| (1) | Any person who intends to file for registration of a tax accounting corporation pursuant to Article 16-4 (1) of the Act shall submit an application for registration to the Minister of Economy and Finance in the form prescribed by Ordinance of the Ministry of Economy and Finance, along with the following documents: |
| 1. | The articles of incorporation; |
| 2. | Curricula vitae of the representative directors of the corporation; |
| 3. | A document stating the registration numbers and dates of registration of directors and certified tax accountants affiliated with the corporation in accordance with Article 16-5 (4) of the Act (hereinafter referred to as "affiliated certified tax accountant"); |
| 4. | A document attesting the payment of capital (in cases of equity investment in cash, referring to a capital payment certificate issued by a bank established under the Banking Act, and in cases of in-kind investment, referring to a document attesting that such in-kind investment is actually made and an appraisal statement issued by any certified public appraisal institution); |
| 5. | A document stating areas planned for establishment of the principal office and branch offices (only in cases where branch offices are planned to be established). |
| (2) | Upon receipt of an application for registration pursuant to paragraph (1), the Minister of Economy and Finance shall register the corporation's name in the register of tax accounting corporations prescribed by Ordinance of the Ministry of Economy and Finance, unless such application for registration is rejected pursuant to Article 16-4 (3) of the Act. |
| (3) | The Minister of Economy and Finance shall issue a registration certificate of a tax accounting corporation to a person who has registered the name of his or her corporation in the register of tax accounting corporations pursuant to paragraph (2), in the form prescribed by Ordinance of the Ministry of Economy and Finance. |
[This Article Wholly Amended on Sep. 16, 2011]
[Moved from Article 14-3; previous Article 14-6 moved to Article 14-9 <Oct. 13, 2022>]
| Article 14-7 (Representative Directors of Tax Accounting Corporation) |
[This Article Wholly Amended on Sep. 16, 2011]
[Moved from Article 14-4; previous Article 14-7 moved to Article 14-10 <Oct. 13, 2022>]
| Article 14-8 (Accumulation of Compensation Reserve) |
| (1) | Pursuant to Article 16-7 (1) of the Act, each tax accounting corporation shall accumulate each business year an amount equivalent to 2/100 of the gross amount of sales of the relevant business year as the compensation reserve, or purchase damage liability insurance which covers more than the balance obtained by subtracting the amount of subparagraph 2 from that of subparagraph 1: |
| 1. | An amount computed by multiplying the number of certified tax accountants affiliated with the relevant tax accounting corporation by 30 million won; |
| 2. | An amount cumulated by the relevant tax accounting corporation as the compensation reserve. |
| (2) | Each tax accounting corporation shall accumulate the compensation reserve pursuant to paragraph (1) to the extent that such reserve amounts to 10/100 of the average gross amount of sales during immediately preceding two business years and the relevant business year. |
| (3) | When any tax accounting corporation exercises the right to indemnity over a director or employees including affiliated certified tax accountants after spending the compensation reserve, it shall appropriate the amount of indemnity payments to the compensation reserve. |
| (4) | When any tax accounting corporation has purchased damage liability insurance pursuant to paragraph (1), it shall submit documents proving such fact to the president of the Korean Association of Certified Public Tax Accountants for notification thereof. |
[This Article Wholly Amended on Sep. 16, 2011]
[Moved from Article 14-5; previous Article 14-8 moved to Article 14-11 <Oct. 13, 2022>]
| Article 14-9 (Restrictions on Making Equity Investments in other Corporations) |
Pursuant to Article 16-8 (1) of the Act, no tax accounting corporation shall invest in other corporations or provide debt guarantees for a third person, in total, in excess of an amount equivalent to 25/100 (10/100 in case of the debt guarantees for a third person) of its equity capital provided for in Article 16-8 (1) of the Act (hereafter referred to as "equity capital" in this Article): Provided, That if an amount calculated by subtracting the compensation reserve from the equity capital exceeds 200 million won, the equity investment in other corporations may be allowed within an amount equivalent to 50/100 of such amount of excess. [This Article Wholly Amended on Sep. 16, 2011]
[Moved from Article 14-6 <Oct. 13, 2022>]
| Article 14-10 (Branch Offices) |
Each tax accounting corporation that establishes branch offices in accordance with Article 16-10 (1) of the Act shall post at least one certified tax accountant at each of such branch offices, as a full-time director. <Amended on Feb. 21, 2014> [This Article Wholly Amended on Sep. 16, 2011]
[Moved from Article 14-7 <Oct. 13, 2022>]
| Article 14-11 (Management and Operation of Deposit Money) |
| (1) | If any tax accounting corporation deposits money equivalent to the amount of the compensation reserve at the Korean Association of Certified Public Tax Accountants in accordance with Article 16-13 (3) of the Act (hereafter referred to as "deposit money" in this Article), it shall designate a person entitled to receiving the refund (hereafter referred to as "depositor" in this Article) and specify the fact of deposit money. <Amended on Feb. 21, 2014> |
| (2) | If money is deposited under paragraph (1), the depositors shall be the employees at the time of dissolution and the deposit money for each depositor shall be calculated in proportion to the ratio of the equity investment made by each employee at the time of dissolution. |
| (3) | The Korean Association of Certified Public Tax Accountants shall keep separate accounts of deposit money from other property of its own, and classify such separate accounts for each depositor. <Amended on Feb. 21, 2014> |
| (4) | When a person who has suffered damage inflicted by a dissolved tax accounting corporation applies for the payment of deposit money, accompanied by documents attesting a final and conclusive judgment on damages or a judicial compromise, the Korean Association of Certified Public Tax Accountants shall pay the applicant such deposit money to the extent of deposit money within one month from the date of application. <Amended on Feb. 21, 2014> |
| (5) | The Korean Association of Certified Public Tax Accountants shall operate deposit money by means of depositing it in any bank established under the Banking Act or purchasing State bonds, public bonds or corporate bonds whose payment of principal and interest is guaranteed. <Amended on Feb. 21, 2014> |
| (6) | The Korean Association of Certified Public Tax Accountants shall refund the real balance of deposit money to depositors after the date on which three years elapse from the date of deposit (hereafter referred to as "refund date" in this Article): Provided, That if a lawsuit is pending in a court in connection with the damage liability as of the refund date, the real balance of deposit money shall be refunded after the payment of deposit money is completed by a final and conclusive judgment or a judicial compromise. <Amended on Feb. 21, 2014> |
| (7) | Except as otherwise provided for in paragraphs (1) through (6), matters necessary for the management and operation of deposit money shall be prescribed by the Korean Association of Certified Public Tax Accountants. |
[This Article Wholly Amended on Sep. 16, 2011]
[Moved from Article 14-8 <Oct. 13, 2022>]
| Article 14-12 (Notification and Public Announcement of Revocation of Registration of Tax Accounting Corporations) |
| (1) | Where the Minister of Economy and Finance revokes registration or issues an order to suspend tax agent services under Article 16-15 (1) of the Act, he or she shall notify the relevant tax accounting corporation, the Korean Association of Certified Public Tax Accountants, and the Commissioner of the National Tax Service of the following matters under paragraph (3) of that Article: |
| 1. | The name and address of the tax accounting corporation subject to revocation of registration or suspension of tax agent services; |
| 2. | The details of and grounds for revocation of registration or suspension of tax agent services; |
| 3. | The date on which revocation of registration takes effect or the period of suspension of tax agent services. |
| (2) | The Minister of Economy and Finance shall make a public announcement of the details of notification given under paragraph (1) in the Official Gazette or on its website within two weeks from the date of the notification. |
| (3) | The Korean Association of Certified Public Tax Accountants post the details of notification given under Article 16-15 (4) of the Act in its website within two weeks from the date of the notification for the following relevant period. In such cases, the period of such posting shall be calculated under the main clause of Article 6 (2) of the Framework Act on Administration: |
| 1. | Revocation of registration: Three years; |
| 2. | Suspension of tax agent services: The period of such suspension (referring to six months where the period of suspension of tax agent services is less than six months). |
[This Article Newly Inserted on Oct. 13, 2022]
CHAPTER III CERTIFIED TAX ACCOUNTANTS DISCIPLINARY COMMITTEE
| Article 15 (Establishment of Certified Tax Accountants Disciplinary Committee) |
A Certified Tax Accountants Disciplinary Committee (hereinafter referred to as the "Disciplinary Committee") shall be established in the Ministry of Economy and Finance to administer the matters concerning disciplinary action against certified tax accountants in accordance with Article 17 of the Act. [This Article Wholly Amended on Sep. 16, 2011]
| Article 16 (Organization of Disciplinary Committee) |
| (1) | The Disciplinary Committee shall be comprised of no more than 18 members, including one chairperson and one vice-chairperson. <Amended on Mar. 6, 2018; Oct. 13, 2022> |
| (2) | A chairperson of the Disciplinary Committee shall be designated by the Minister of Economy and Finance, from among public officials in general service or in special service who belong to the Senior Executive Service of the Ministry of Economy and Finance and take charge of internal taxes, and a vice-chairperson shall be designated by the Minister of Economy and Finance from among Grade-III public officials of the Ministry of Economy and Finance or public officials in general service who belong to the Senior Executive Service of the Ministry of Economy and Finance. |
| (3) | The following persons shall be the members of the Disciplinary Committee: <Amended on Feb. 2, 2012; Feb. 21, 2014; Mar. 6, 2018; Oct. 13, 2022> |
| 1. | One person designated by the Minister of Government Legislation at the request of the Minister of Economy and Finance, from among Grade III public officials of the Ministry of Government Legislation or public officials in general service who belong to the Senior Executive Service of the Ministry of Government Legislation; |
| 2. | Deleted; <Feb. 2, 2012> |
| 3. | Two persons designated by the Commissioner of the National Tax Service at the request of the Minister of Economy and Finance, from among Grade III public officials of the National Tax Service or public officials in general service who belong to the Senior Executive Service of the National Tax Service; |
| 4. | One certified tax accountant designated by the president of the Korean Association of Certified Public Tax Accountants; |
| 5. | One certified public accountant designated by the president of the Korean Institute of Certified Public Accountants; |
| 6. | One attorney-at-law designated by the president of the Korean Bar Association; |
| 7. | 10 persons commissioned by the Minister of Economy and Finance, from among those who have extensive knowledge of and experience in tax systems. |
| (4) | The terms of office of members referred to in paragraph (3) 4 through 7 shall be two years and renewable only once. <Amended on Feb. 2, 2012; Mar. 6, 2018> |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 16-2 (Dismissal of Members) |
| (1) | A person who nominates a member of the Committee pursuant to Article 16 (3) 1 and 3 through 6 may revoke such designation where such member falls under any of the following subparagraphs: <Amended on Feb. 12, 2019> |
| 1. | Where he or she falls under any subparagraph of Article 1-2 (4); |
| 2. | Where he or she fails to refrain when he or she falls under any subparagraph of Article 21-2 (1). |
| (2) | Where a member referred to in Article 16 (3) 7 falls under any subparagraph of paragraph (1), the Minister of Economy and Finance may dismiss him or her. <Amended on Feb. 12, 2019> |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 17 (Requests for Disciplinary Action) |
| (1) | If the Minister of Economy and Finance, the Commissioner of the National Tax Service, the president of the Korean Association of Certified Public Tax Accountants, the president of the Korean Institute of Certified Public Accountants, or the president of the Korean Bar Association (hereinafter referred to as "president of an affiliated Association") deems that the grounds for disciplinary action against a certified tax accountant exist, he or she may request the Disciplinary Committee to take a disciplinary action against the certified tax accountant along with any documentary evidence. In such cases, the president of an affiliated Association may only be entitled to requesting a disciplinary action against certified tax accountants who belong to his or her Association. <Amended on Feb. 21, 2014; Mar. 6, 2018> |
| (2) | If a person entitled to requesting a disciplinary action pursuant to paragraph (1) requests the Disciplinary Committee to take a disciplinary action against a certified tax accountant, he or she shall send a copy of the request for disciplinary action to the relevant certified tax accountant. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 18 (Deadline for Resolution on Disciplinary Action) |
| (1) | The Disciplinary Committee shall pass a resolution on a disciplinary action within 120 days after receiving a request for disciplinary action: Provided, That if there is any unavoidable reason, the deadline therefor may be extended upon a resolution by the Disciplinary Committee by a further period of up to 60 days. |
| (2) | If it is deemed necessary to revise the details of a request for disciplinary action, the Disciplinary Committee may request the Commissioner of the National Tax Service or the president of the affiliated Association, who has requested a disciplinary action, to revise them upon fixing a considerable period. |
| (3) | A period for revision referred to in paragraph (2) shall be excluded from the deadline for a resolution on a disciplinary action in accordance with paragraph (1). |
| (4) | In calling a meeting of the Disciplinary Committee, the chairperson shall notify each member and the relevant certified tax accountant of the date, time, etc. by no later than seven days before the date on which the meeting is held. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 19 (Statement of Opinions or Submission of Data for Investigation) |
If it is deemed necessary for an investigation, the Disciplinary Committee may request the parties concerned, interested persons or relevant agencies to state their opinions or submit data for the investigation.
[This Article Wholly Amended on Sep. 16, 2011]
| Article 20 Deleted. <May 7, 1990> |
| Article 21 (Meetings of Disciplinary Committee) |
| (1) | The following members shall participate in meetings of the Disciplinary Committee: <Newly Inserted on Oct. 13, 2022> |
| 1. | The chairperson and vice chairperson of the Disciplinary Committee under Article 16 (2); |
| 2. | Members under Article 16 (3) 1 and 3 through 6; |
| 3. | Five members designated by the chairperson for each meeting from among those under Article 16 (3) 7. |
| (2) | The chairperson of the Disciplinary Committee shall preside over its meetings. <Amended on Oct. 13, 2022> |
| (3) | If the chairperson of the Disciplinary Committee is unable to perform his or her duties due to any unavoidable cause, the vice-chairperson shall act on his or her behalf. <Amended on Oct. 13, 2022> |
| (4) | The Disciplinary Committee shall open its meetings with the attendance of at least 2/3 of all incumbent members referred to in subparagraphs of paragraph (1), and resolutions on matters shall be passed with the concurrent vote of a majority of those present. <Amended on Oct. 13, 2022> |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 21-2 (Disqualification of, Challenge to, or Refrainment by Members) |
| (1) | If a member of the Disciplinary Committee falls under any of the following subparagraphs, he or she shall be disqualified from deliberations and resolutions on the relevant disciplinary action: |
| 1. | If a member, himself or herself, is a certified tax accountant subject to a resolution on disciplinary action; |
| 2. | If a member is or was a relative (referring to his or her spouse (including a person in a conjugal relationship), relative by blood within the sixth degree or relative by marriage within the fourth degree; hereafter the same shall apply in this subparagraph) of a certified tax accountant subject to a resolution on disciplinary action; |
| 3. | If a certified tax accountant subject to a resolution on disciplinary action is affiliated with a corporation or office to which a member belongs. |
| (2) | If a certified tax accountant subject to a resolution on disciplinary action has a ground to believe that it is difficult to expect impartial deliberations and resolutions from a member of the Disciplinary Committee, he or she may file a recusal of the member with the Disciplinary Committee by submitting a document stating the name of such member and the grounds for recusal. In such cases, the Disciplinary Committee shall determine by resolution whether it permits a recusal. |
| (3) | If a member falls under paragraph (1) or (2), he or she may refrain from deliberations and resolutions on the relevant disciplinary action at his or her own discretion. |
[This Article Newly Inserted on Feb. 2, 2012]
| Article 22 (Notification and Public Announcement of Resolution on Disciplinary Actions) |
| (1) | When the Minister of Economy and Finance issues an order for disciplinary actions under Article 17 (1) of the Act, he or she shall notify the relevant certified tax accountant, the Association he or she is affiliated with, and the Commissioner of the National Tax Service of the following matters under paragraph (7) of that Article: |
| 1. | The name and registration number of the certified tax accountant subject to the disciplinary actions; |
| 2. | The name and address of the corporation, office, etc. with which the certified tax accountant subject to the disciplinary actions is affiliated; |
| 3. | The details of the grounds for the disciplinary actions; |
| 4. | The date on which the disciplinary actions take effect. In such cases, if the type of the disciplinary actions is suspension of business, it means the period of such suspension. |
| (2) | The Minister of Economy and Finance shall make a public announcement of the details of notification given under paragraph (1) in the Official Gazette or on its website within two weeks from the date of the notification. |
| (3) | The Association he or she is affiliated shall post the details of notification given under Article 17 (8) of the Act on its website within two weeks from the date of the notification for the following relevant period. In such cases, the period of such posting shall be calculated under the main clause of Article 6 (2) of the Framework Act on Administration: |
| 1. | Revocation of registration: Three years; |
| 2. | Suspension of business: The period of such suspension (referring to six months where the period of suspension of business is less than six months); ( |
| 3. | Administrative fines: Six months; |
| 4. | Reprimands: Three months. |
[This Article Wholly Amended on Oct. 13, 2022]
CHAPTER IV KOREAN ASSOCIATION OF CERTIFIED PUBLIC TAX ACCOUNTANTS
| Article 23 Deleted. <Jun. 30, 2016> |
The regulations of the Korean Association of Certified Public Tax Accountants shall include the following matters: <Amended on Feb. 21, 2014; Jan. 5, 2021>
| 1. | Name and location of the Korean Association of Certified Public Tax Accountants; |
| 2. | Appointment and duties of the chairperson, the vice-chairperson and other executive officers; |
| 3. | Admission and withdrawal; |
| 6. | Proposals and responses; |
| 9. | Accounting and assets; |
| 10. | Guarantee of liability for damage, such as mutual aid programs. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 25 (Approval for Amendments to Regulations) |
An amendment to the regulations of the Korean Association of Certified Public Tax Accountants shall be approved by the Minister of Economy and Finance after a resolution is passed at a general meeting. <Amended on Feb. 21, 2014>
[This Article Wholly Amended on Sep. 16, 2011]
| Article 26 (Executive Officers) |
The Korean Association of Certified Public Tax Accountants shall have one chairperson, vice-chairperson as its executive officers and other several executive officers. <Amended on Feb. 21, 2014>
[This Article Wholly Amended on Sep. 16, 2011]
| Article 27 (Regular and Extraordinary General Meetings) |
| (1) | The Korean Association of Certified Public Tax Accountants shall hold a regular general meeting each year, and may, if deemed necessary, hold an extraordinary general meeting on an occasional basis. <Amended on Feb. 21, 2014> |
| (2) | The chairperson of the Korean Association of Certified Public Tax Accountants shall call an extraordinary general meeting ex officio or upon the request by the number of members or more set by the regulations of the Korean Association of Certified Public Tax Accountants. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 28 (Reporting on Places and Agendas of General Meetings) |
The Korean Association of Certified Public Tax Accountants shall report the date and time, place and agenda of a general meeting to the Minister of Economy and Finance prior to the date on which such meeting is held: Provided, That the report may be omitted if the Minister of Economy and Finance allows such omission. <Amended on Feb. 21, 2014; Jun. 30, 2016>
[This Article Wholly Amended on Sep. 16, 2011]
| Article 29 Deleted. <Aug. 5, 2000> |
If deemed necessary, the Minister of Economy and Finance may request the Korean Association of Certified Public Tax Accountants to submit a report, or require a public official under his or her jurisdiction to inspect the affairs and other matters of the Association. <Amended on Feb. 21, 2014>
[This Article Wholly Amended on Sep. 16, 2011]
CHAPTER IV-2 FOREIGN-CERTIFIED TAX CONSULTANTS AND FOREIGN-CERTIFIED TAX ACCOUNTING CORPORATION
| Article 30-2 (Home Country of Qualification) |
"Country prescribed by Presidential Decree" in the main clause of subparagraph 6 of Article 19-2 of the Act means a country (including a union of States, such as a confederation or economic community) that has entered into a free trade agreement for foreign tax services provided for in Article 19-7 of the Act with the Republic of Korea. [This Article Newly Inserted on Jun. 30, 2011]
| Article 30-3 (Scope of Tax Specialists) |
A tax specialist recognized in a home country of qualification in accordance with Article 19-3 (4) of the Act means a person entitled to provide services equivalent to those prescribed in Article 2 of the Act pursuant to statutes and regulations of the home country of qualification and registered as a tax specialist. [This Article Newly Inserted on Jun. 30, 2011]
| Article 30-4 (Registration of Foreign-Certified Tax Consultants) |
| (1) | Each person who intends to register his or her name in the register of foreign-certified tax consultants in accordance with Article 19-5 (1) of the Act shall file an application for registration with the Minister of Economy and Finance, along with a document prescribed by Ordinance of the Ministry of Economy and Finance, such as a curriculum vitae. |
| (2) | Upon receipt of an application for registration filed under paragraph (1), the Minister of Economy and Finance shall, without delay, register the applicant's name in the register of foreign-certified tax consultants, unless the application falls under any subparagraph of Article 19-6 (1) of the Act. |
| (3) | The Minister of Economy and Finance shall issue a registration certificate as a foreign-certified tax consultant to a person whose name is registered in the register of foreign-certified tax consultants pursuant to paragraph (2), in the form prescribed by Ordinance of the Ministry of Economy and Finance. |
[This Article Newly Inserted on Jun. 30, 2011]
| Article 30-5 (Renewal of Registration of Foreign-Certified Tax Consultants) |
| (1) | Each person who intends to renew his or her registration pursuant to Article 6 (2) of the Act applied mutatis mutandis in Article 19-14 of the Act shall file an application for renewal of registration of a foreign-certified tax consultant with the Minister of Economy and Finance at least 30 days before the registration expires, along with a document prescribed by Ordinance of the Ministry of Economy and Finance, such as a registration certificate as a foreign-certified tax consultant. |
| (2) | Upon receipt of an application for renewal of registration pursuant to paragraph (1), the Minister of Economy and Finance shall enter the applicant's name in the register of foreign-certified tax consultants and issue a renewal registration certificate as a foreign-certified tax consultant, unless such application falls under any subparagraph of Article 19-6 (1) of the Act. |
[This Article Newly Inserted on Jun. 30, 2011]
| Article 30-6 (Register of Foreign-Certified Tax Consultants) |
The name, date of birth, location of the place of business, and home country of qualification of each foreign-certified tax consultant and other matters prescribed by Ordinance of the Ministry of Economy and Finance shall be recorded in the register of foreign-certified tax consultants referred to in Article 19-5 (1) of the Act. [This Article Newly Inserted on Jun. 30, 2011]
| Article 30-7 (Reporting on Revisions to Registered Matters) |
Where matters registered in accordance with Article 30-4 are revised, the relevant foreign-certified tax consultant shall, without delay, report such revised matters to the Minister of Economy and Finance through the Korean Association of Certified Public Tax Accountants. <Amended on Feb. 21, 2014> [This Article Newly Inserted on Jun. 30, 2011]
| Article 30-8 (Scope of Services) |
| 1. | Consultations or advices concerning double tax avoidance treaties; |
| 2. | Consultations or advices concerning transfer pricing rules, thin-capitalization rules, tax haven rules, anti-avoidance provisions in tax treaties and administrative cooperation in taxation between countries, all of which are enforced by the home country of qualification to prevent tax evasion or tax avoidance; |
| 3. | Consultations or advices concerning a request for information under a tax information exchange agreement between countries. |
[This Article Newly Inserted on Jun. 30, 2011]
| Article 30-9 (Registration Requirements for Corporate Offices for Foreign Tax Consulting Services) |
Each corporate office for foreign tax consulting services to be registered under Article 19-9 (1) of the Act shall meet all of the following requirements: | 1. | The corporate office shall be established in the Republic of Korea upon a resolution by the relevant foreign-certified tax accounting corporation; |
| 2. | The corporate office shall have at least five foreign-certified tax consultants, at least three of whom shall be affiliated with the relevant foreign-certified tax accounting corporation; |
| 3. | If a foreign-certified tax consultant referred to in subparagraph 2 is subject to a disposition to suspend business operations pursuant to Article 17 of the Act applied mutatis mutandis in Article 19-14 of the Act, he or she shall not be in a period of suspension of business; |
| 4. | The corporate office shall have three or less representatives; |
[This Article Newly Inserted on Jun. 30, 2011]
| Article 30-10 (Registration Procedures for Corporate Offices for Foreign Tax Consulting Services) |
| (1) | A foreign-certified tax accounting corporation that intends to file for registration of a corporate office for foreign tax consulting services pursuant to Article 19-9 (1) of the Act shall submit an application for registration to the Minister of Economy and Finance in the form prescribed by Ordinance of the Ministry of Economy and Finance, along with the following documents: |
| 1. | The corporation's articles of association; |
| 2. | Curricula vitae of the representatives of the corporate office; |
| 3. | Documents stating the registration numbers and dates of registration of foreign-certified tax consultants; |
| 4. | Documents attesting that the corporate office meets all requirements provided in the subparagraphs of Article 30-9; |
| 5. | Other documents prescribed by Ordinance of the Ministry of Economy and Finance as required for registration. |
| (2) | Upon receipt of an application for registration pursuant to paragraph (1), the Minister of Economy and Finance shall promptly register the corporate office's name in the register of corporate offices for foreign tax consulting services, unless the application falls under any subparagraph of Article 19-10 of the Act or the relevant corporate office fails to meet the requirements provided in the subparagraphs of Article 30-9. |
| (3) | The Minister of Economy and Finance shall issue a registration certificate as a corporate office for foreign tax consulting services to a person who has registered the name of his or her office in the register of corporate offices for foreign tax consulting services pursuant to paragraph (2), in the form prescribed by Ordinance of the Ministry of Economy and Finance. |
[This Article Newly Inserted on Jun. 30, 2011]
| Article 30-11 (Reporting on Revisions to Registered Matters) |
Where matters registered in accordance with Article 30-10 are revised, a person who has registered the relevant corporate office for foreign tax consulting services shall, without delay, report such revised matters to the Minister of Economy and Finance through the Korean Association of Certified Public Tax Accountants. <Amended on Feb. 21, 2014> [This Article Newly Inserted on Jun. 30, 2011]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 31 (Affixing Names and Seals) |
When a certified tax accountant affixes his or her name and seal in accordance with Article 9 of the Act, he or she shall clearly write his or her title as a certified tax accountant. [This Article Wholly Amended on Sep. 16, 2011]
| Article 32 Deleted. <May 7, 1990> |
| Article 32-2 Deleted. <Dec. 30, 2002> |
| Article 32-3 Deleted. <Dec. 30, 2002> |
| Article 32-4 Deleted. <Dec. 30, 2002> |
| Article 32-5 Deleted. <Dec. 30, 2002> |
| Article 33 Deleted. <Jun. 30, 2016> |
| Article 33-3 Deleted. <Aug. 5, 2000> |
| Article 33-4 (Guarantee of Liability for Damage) |
| (1) | A certified tax accountant registered under Article 6 of the Act (excluding a certified public accountant registered under Article 7 of the Certified Public Accountant Act) shall, within 15 days after the date of registration, take measures to guarantee the liability for damage amounting to at least 30 million won per certified tax accountant in any of the following manners, and file a report thereon with the president of the Korean Association of Certified Public Tax Accountants, accompanied by documentary evidence thereof: <Amended on Feb. 21, 2014> |
| 1. | Purchasing an insurance policy; |
| 2. | Participating in a mutual aid program managed by the Korean Association of Certified Public Tax Accountants to guarantee the liability for damage under Article 16-2 of the Act; |
| 3. | Depositing cash or State or public bonds in a depository which has jurisdiction over the location of the certified tax accountant's office. |
| (2) | Where a certified tax accountant who has taken measures to guarantee the liability for damage in accordance with paragraph (1) intends to provide a new guarantee due to any of the following grounds, he or she shall provide such guarantee within any of the following periods, and file a report thereon with the president of the Korean Association of Certified Public Tax Accountants, accompanied by documentary evidence thereof: <Amended on Feb. 21, 2014> |
| 1. | Where the guarantee period is expired: By the expiry date of such guarantee period; |
| 2. | Where damages have been paid: Within 15 days after the date of payment of damages. |
| (3) | Where the Korean Association of Certified Public Tax Accountants intends to operate a mutual aid program referred to in paragraph (1) 2, it shall draw up a mutual aid agreement and obtain approval therefor from the Minister of Economy and Finance. The same shall also apply to any amendment to a mutual aid agreement. <Amended on Feb. 21, 2014> |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for guarantee of the liability for damage shall be prescribed by Ordinance of the Ministry of Economy and Finance. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 33-5 (Registration of Tax Agent Services) |
Articles 12, 12-2, 13 and 14 shall apply mutatis mutandis to registration of tax agent services pursuant to Article 20-2 (1) of the Act, renewal registration thereof, and reporting on the revision to registered matters, etc. In such cases, "register of certified tax accountants" shall be construed as "register of tax agent services", and "application for renewal of certified tax accountant's registration" as "application for renewal of registration of tax agent services", and "certificate of a certified tax accountant’s registration" as "certificate of registration of tax agent services", and "certified tax accountant" as "certified public accountant or attorney-at-law". <Amended on Feb. 12, 2019; Oct. 13, 2022> [This Article Wholly Amended on Sep. 16, 2011]
| Article 33-6 (In-Service Education for Attorneys-at-Law) |
| (1) | In-service education referred to in Article 20-2 (3) of the Act (hereinafter referred to as "in-service education for attorneys-at-law) shall be provided by the Korean Bar Association. |
| (2) | Subjects of in-service education for attorneys-at-law shall be tax-related statutes, accounting, tax adjustment, and other subjects necessary for tax agent services, and the details thereof shall be determined by the president of the Korean Bar Association with approval of the Commissioner of the National Tax Service. |
| (3) | In-service education for attorneys-at-law shall be provided at least once every year, and the timing and place thereof shall be determined by the president of the Korean Bar Association with approval of the Commissioner of the National Tax Service: Provided, That the number of applicants for such education is less than 10, the timing thereof may be postponed until next year. |
| (4) | In-service education for attorneys-at-law shall be provided for one month. |
| (5) | The president of the Korean Bar Association shall publicly announce provision of in-service education for attorneys-at-law in a daily newspaper and its website no later than 30 days before such education. |
| (6) | A person who intends to receive in-sevice education for attorneys-at-law shall file an application for such education with the president of the Korean Bar Association no later than 10 days before the education. |
| (7) | Upon completion of in-service education for attorneys-at-law, the president of the Korean Bar Association shall, without delay, a list of persons who completes such education to the Commissioner of the National Tax Service. |
[This Article Newly Inserted on Oct. 13, 2022]
| Article 34 (Payment of Allowances) |
Members who have attended the meetings of the Committee or the Disciplinary Committee and examiners, markers and supervisors of a qualification examination for certified tax accountants may be paid allowances within the budget.
[This Article Wholly Amended on Sep. 16, 2011]
| Article 34-2 (Delegation and Entrustment) |
| (1) | The authority of the Minister of Economy and Finance concerning the following activities shall be delegated to the Commissioner of the National Tax Service in accordance with Article 20-3 (1) of the Act: Provided, That this shall not apply to the activities referred to in subparagraphs 2 and 3 that are performed in relation to a person who falls under any of the subparagraphs of Article 20-3 (3) of the Act: <Amended on Feb. 21, 2014; Feb. 12, 2019; Jun. 27, 2023> |
| 1. | Nullification of an examination and restrictions on the eligibility to take an examination pursuant to Article 5-3 of the Act; |
| 5. | Orders issued to a tax accounting corporation to supplement a shortage or increase its capital pursuant to Article 16-6 (4) of the Act; |
| 8. | Receipt of a report on the amendment to the articles of incorporation of a tax accounting corporation pursuant to Article 16-14 of the Act; |
| 11. | Determination of the minimum number of successful candidates in a secondary test pursuant to Article 2; |
| 12. | Selection of successful candidates pursuant to Article 8 (2) and (3); |
| 13. | Receipt of an application for the issuance of a certificate pursuant to Article 11 (2); |
| 14. | Receipt of an application for receipt, registration and the issuance of a certificate of registration pursuant to Article 12; |
| 15. | Receipt of an application for renewal of registration of a certified tax accountant, renewal registration, and the issuance of a certificate of registration pursuant to Article 12-2; |
| 16. | Receipt of a report on revisions to registered matters pursuant to Article 14; |
| 17. | Receipt of an application for registration of a tax accounting corporation, registration and the issuance of a certificate of registration pursuant to Article 14-6; |
| 18. | Receipt of an application for qualification approval of a foreign-certified tax consultant and granting qualification approval pursuant to Article 19-3 of the Act; |
| 23. | Registration of tax agent services, renewal of registration thereof, reports on revisions to registered matters and the issuance of a certificate of registration pursuant to Article 33-5. |
[This Article Wholly Amended on Sep. 16, 2011]
| Article 34-3 (Processing of Personally Identifiable Information) |
| 1. | Affairs concerning qualifications for certified tax accountants referred to in Article 3 of the Act; |
| 2. | Affairs concerning qualification examinations for certified tax accountants referred to in Article 5 of the Act; |
| 4. | Affairs concerning registration, etc. of certified tax accountants referred to in Article 6 of the Act; |
[This Article Newly Inserted on Mar. 27, 2017]
| Article 35 (Specialty of Tax Agent Services) |
| (1) | "Where tax agent services are provided as a specialty pursuant to criteria prescribed by Presidential Decree" in the proviso to Article 2 (2) of Addenda to the Certified Tax Accountant Act (Act No. 7032) means any of the following cases: |
| 1. | Where a certified public accountant or attorney-at-law has provided only tax agent services for one year retroactively from the 31st of December in the preceding year (if he or she newly commences to provide services as a certified public accountant or attorney-at-law, for one year from the 1st of January of the year following the year in which the commencement date of services falls); |
| 2. | Where the ratio of the income from tax agent services, in the sum of the income from services as a certified public accountant or attorney-at-law and the income from tax agent services for two years retroactively from the 31st of December in the preceding year (if he or she newly commences to provide services as a certified public accountant or attorney-at-law, for two years from the 1st of January in the year following the year in which the commencement date of services falls), exceeds 90/100. |
| (2) | If certified public accountants affiliated with accounting corporations established under the Certified Public Accountant Act or attorneys-at-law affiliated with law firms, law firms (with limited liability), law firm associations and joint notarization and law office established under the Attorney-at-Law Act, mainly or fully engage in tax agent services in such accounting corporations, or law firms, law firms (with limited liability), law firm associations or joint notarization and law office, they shall not be considered to have specialty in tax agent services as referred to in paragraph (1). |
| (3) | A period for which the proviso to Article 2 (2) of Addenda to the Certified Tax Accountant Act (Act No. 7032) applies or ceases to apply, shall be one year from the first of April of the year in which the date, a certified public accountant or attorney-at-law is obliged to file a final tax return on tax base for the second term under Article 49 of the Value-Added Tax Act, falls. <Amended on Jun. 28, 2013> |
[This Article Wholly Amended on Sep. 16, 2011]
ADDENDUM <Presidential Decree No. 4983, May 8, 1970>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 6470, Jan. 20, 1973>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Any person who files a report prescribed in the latter part of paragraph (2) of the Addenda to the Act shall submit to the Minister of Economy and Finance an application for the issuance of a certificate of qualification provided in Article 11 (2). |
| (3) | (Transitional Measures) Any person whose name is recorded in the register of certified tax accountants as at the time this Decree enters into force, and for whom three years have elapsed from the date of registration or for whom a period of three years is completed within 90 days from the enforcement date of this Decree, shall submit to the Minister of Economy and Finance an application for renewal of registration as a certified tax accountant, as prescribed by Ordinance of the Ministry of Finance within 90 days from the enforcement date of this Decree. |
ADDENDUM <Presidential Decree No. 6875, Sep. 27, 1973>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 7575, Mar. 15, 1975>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 8355, Dec. 31, 1976>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 9238, Dec. 30, 1978>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 10368, Jun. 24, 1981>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Any certificate of passing a qualification examination for certified tax accountants which has been issued under the former provision as at the time this Decree enters into force shall be deemed a certificate of qualification as a certified tax accountant under Article 11. |
ADDENDA <Presidential Decree No. 11378, Mar. 2, 1984>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Renewal Registration of Certified Tax Accountants) The period for renewal registration of a person who has filed for registration or renewal registration as a certified tax accountant before this Decree enters into force shall be calculated from the date on which such registration or renewal registration is filed under the amended provisions of Article 12-2 (3). |
ADDENDA <Presidential Decree No. 13002, May 7, 1990>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Examinations) The amended provisions of Articles 1 and 1-3, and attached Tables 1 and 2 shall apply to the first examination implemented after January 1, 1991: Provided, That any person prescribed in Article 5-2 (2) of the Act shall be subject to the amended provisions of Article 1-3 from the first examination implemented after this Decree enters into force. |
| (3) | (Transitional Measures concerning Renewal Registration) In cases of a person who has filed for registration or renewal registration as a certified tax accountant before this Decree enters into force, the first renewal registration after this Decree enters into force shall be subject to the former provisions, notwithstanding the amended provisions of Article 12-2 (3). |
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14980, Apr. 19, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Examinations) The amended provisions of attached Tables 1 and 2 shall begin to apply from the first examination implemented after January 1, 1997. |
ADDENDA <Presidential Decree No. 15198, Dec. 31, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1997. |
| (2) | (Applicability to Guarantee of Liability for Damage) A certified tax accountant registered prior to June 30, 1997 must take measures to guarantee the liability for damage pursuant to Article 33-4 by July 15, 1997, notwithstanding the amended provisions of Article 33-4 (1), and report thereon to the president of the Association of Certified Tax Accountants. |
ADDENDA <Presidential Decree No. 15972, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16937, Aug. 5, 2000>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 34-2 shall enter into force on October 1, 2000, and the amended provisions of Article 33-4 (1) shall enter into force on January 1, 2001. |
| (2) | (Applicability to Selection of Successful Candidates) The amended provisions of Article 8 shall apply from the first examination implemented after January 1, 2002. |
| (3) | (Applicability to Measures to Guarantee Liability for Damage) A certified tax accountant registered under Article 6 of the Act as at December 31, 2000 shall take measures to guarantee liability for damage under the amended provisions of Article 33-4 (1), and shall report thereon to the president of the Association of Certified Public Tax Accountants by not later than January 15, 2001. |
| (4) | (Applicability to Adjustment of Subjects for Secondary Tests) The amended provisions of attached Table 2 shall apply from the first examination implemented after January 1, 2001. |
ADDENDA <Presidential Decree No. 17594, May 6, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Articles 2 and 4 (2) and 8 (2) and (3) shall be applied to the first secondary test implemented after this Decree enters into force. In such cases, the public notice of the minimum number of successful candidates under the amended provisions of Article 4 (2) shall be given by not later than the public notice of successful candidates of the preliminary test. |
ADDENDA <Presidential Decree No. 17834, Dec. 30, 2002>
| (2) | (Applicability to Adjustment of Subjects for Preliminary Tests) The amended provisions of attached Table 1 shall apply from the first examination implemented after January 1, 2005. |
ADDENDA <Presidential Decree No. 18357, Apr. 6, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Partial Exemption from Examinations) The amended provisions of the proviso to Article 1-5 (3) and Article 6 (1) shall apply from the first taking of an examination after this Decree enters into force. |
| (3) | (Transitional Measures concerning Members of Certified Tax Accountant Qualification Screening Committee) Certified tax accountants who have become the members of the Certified Tax Accountant Qualification Screening Committee pursuant to the former provisions as at the time this Decree enters into force shall be deemed recommended by the president of the Association of Certified Public Tax Accountants pursuant to this Decree. |
ADDENDA <Presidential Decree No. 18971, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2005.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19894, Feb. 28, 2007>
This Decree shall enter into force on January 1, 2009.
ADDENDA <Presidential Decree No. 20516, Dec. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the part of Presidential Decree amended by Article 8 of the Addenda, which was promulgated before the Enforcement Decree of the Certified Tax Accountant Act enters into force but the enforcement date of which has not arrived yet, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 21298, Feb. 4, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22186, Jun. 8, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22777, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Article 2 (Applicability to Refund of Application Fees)
The amended provisions of Article 6 (2) shall also apply to a qualification examination for certified tax accountants being implemented as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 22998, Jun. 30, 2011>
This Decree shall enter into force on the date the Free Trade Agreement between the Republic of Korea, of the One Part, and the European Union and its Member States, of the Other Part takes effect: Provided, That the amended proviso to Article 34-2 (1), with the exception of its subparagraphs, and the amended provisions of Article 34-2 (3) shall enter into force on August 3, 2011.
ADDENDUM <Presidential Decree No. 23141, Sep. 16, 2011>
This Decree shall enter into force on the date of its promulgation: Provided, that the amended provisions of Article 1-4 (3) shall enter into force on January 1, 2014, and the amended provisions of Article 10 shall enter into force on October 26, 2011.
ADDENDUM <Presidential Decree No. 23604, Feb. 2, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
Provisions that amend the deadline for giving public announcement of examinations, etc. under this Decree shall begin to apply from the examination to be implemented on or after January 1, 2013.
ADDENDA <Presidential Decree No. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013. (Proviso Omitted.)
Article 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 25204, Feb. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Article 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27959, Mar. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2017.
Article 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28688, Mar. 6, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Composition of Disciplinary Committee)
| (1) | The amended provisions of Article 16 (3) 5 through 7 shall begin applying to a disciplinary committee to be held after the this Decree enters into force. |
| (2) | The limit on the renewal of the disciplinary committee under amended provisions of Article 16 (4) shall begin to apply from member designation to be done after this Decree enters into force. In such cases, the term of office that starts upon designation as a member before this Decree enters into force shall be excluded from a count of renewability. |
Article 3 (Applicability to Requests for Disciplinary Action)
The amended provisions of Article 17 (1) shall begin to apply from a request to be made after this Decree enters into force.
ADDENDA <Presidential Decree No. 29029, Jul. 3, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29542, Feb. 12, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 (2) shall enter into force on July 1, 2019.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32952, Oct. 13, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14-3 through 14-5 shall enter into force on November 24, 2022. Article 2 (Special Cases concerning Public Announcement of and Application for In-Service Education for Attorneys-at-Law)
| (1) | Notwithstanding the amended provisions of Article 33-6 (5), a public announcement of in-service education for attorneys-at-law provided in 2022 after this Decree enters into force may be made no later than 10 days before such education. |
| (2) | Notwithstanding the amended provisions of Article 33-6 (6), a person who intends to receive in-service education for attorneys-at-law under paragraph (1) may file an application for such education no later than five days before the education. |
ADDENDA <Presidential Decree No. 33564, Jun. 27, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on Jan. 1, 2024.
Article 2 (Applicability to Scores on English Examinations Substituted for English Subjects)
The amended provisions of Article 1-4 (3) shall begin to apply to scores on English examinations, the validity of which determined by an examination-administering agency for an English examination, such as TOEIC, expires after this Decree enters into force, and which is verified in accordance with the methods prescribed in the public announcement made under Article 4 (2) before this Decree enters into force.