Copy URL

URL copied successfully.
Press CTRL+V or paste display URL.

View by Article

INCOME TAX ACT
CHAPTER II TAX LIABILITY ON RESIDENT'S GLOBAL INCOME AND RETIREMENT INCOME
조문단위인쇄
 Article 21 (Other Income)
(1) Other income shall consist of the following incomes, other than interest income, dividend income, business income, wage and salary income, pension income, retirement income, financial investment income, and capital gains: <Amended by Act No. 9785, Jul. 31, 2009; Act No. 10408, Dec. 27, 2010; Act No. 11146, Jan. 1, 2012; Act No. 11611, Jan. 1, 2013; Act No. 12852, Dec. 23, 2014; Act No. 13558, Dec. 15, 2015; Act No. 14389, Dec. 20, 2016; Act No. 15225, Dec. 19, 2017; Act No. 16104, Dec. 31, 2018; Aug. 27, 2019; Dec. 29, 2020; Jul. 18, 2023>
1. A prize, award, reward, compensation for service, or money and valuables corresponding thereto;
2. Money and other valuables obtained through any lottery ticket, premium ticket, or other lottery tickets;
3. Financial profits obtained by participating in any act (whether the relevant act is legal or illegal shall not be taken into account) prescribed by the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.;
4. Refunds received by a purchaser of a horse racing ticket pursuant to the Korean Racing Authority Act, a winner wager ticket pursuant to the Bicycle and Motorboat Racing Act, a bullfighting match wager ticket pursuant to the Traditional Bullfighting Match Act, and a sports promotion wager ticket pursuant to the National Sports Promotion Act (whether the relevant underlying act is legal or illegal shall not be taken into account);
5. Money and other valuables received by a person, other than an author, stage performer, sound record producer, or broadcasting business entity, in consideration of transfer or use of copyrights or neighboring rights;
6. Money and other valuables received in consideration of transfer, lease, or use of any of the following assets or rights:
(a) Movie films;
(b) Tapes or films for the radio and television broadcast;
(c) Others prescribed by Presidential Decree, similar to those specified in items (a) and (b);
7. Money and other valuables received in consideration of transfer or lease of mining rights, fishing rights, aquaculture rights, industrial property rights, and industrial information, industrial secrets, trademark rights, business rights (including the rights to lease a store prescribed by Presidential Decree), rights incidental to permission to collect earth, sand, and rocks, rights to develop and use underground water, and other assets or rights similar thereto;
8. Money and other valuables received as rent for a temporary lease of any goods (including securities) or premises;
8-2. Money and goods received as a usage fee not exceeding the extent prescribed by Presidential Decree by leasing goods or place through a person who conducts mail order brokerage activities pursuant to the Act on the Consumer Protection in Electronic Commerce;
9. Income generated by providing or lending an easement or a surface right (including a right provided for the space above or below the surface of land) with respect to a public works project under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects;
10. Income received for a breach or cancellation of a contract, which falls under any of the following:
(a) Penalty;
(b) Indemnity;
(c) Interest received along with the return of unjust enrichment;
11. Where any compensation is received, or any new ownership is acquired, for finding any lost articles or buried property, such compensation or assets;
12. Assets, the ownership of which is acquired by possessing an object which has no owner;
13. Money and other valuables received by a person related to a resident, nonresident, or corporation prescribed by Presidential Decree from the relevant resident, nonresident, or corporation on the reason of such special relation, which are not deemed pay, a dividend, or donation, but an economic profit;
14. Money and other valuables for prize winning, allotment, or others corresponding thereto (hereinafter referred to as "prize money and other valuables, etc.") received by participating in acts using slot machines (including video games), coin tossing machines, and other similar machines and tools (hereinafter referred to as "slot machines, etc.");
15. Income received in the capacity of the original author for creative works of literature, science, fine arts, music, or photography (including illustrations or cartoons printed in periodicals under the Act on the Guarantee of Freedom and Functions of Newspapers, Etc., and translation of Korean creative works or classics into foreign languages or Korean), which falls under any of the following:
(a) Manuscript fees;
(b) Royalties paid for use of copyrighted materials;
(c) Consideration received for creative works of fine arts, music, or photography;
16. A brokerage fee on a property right;
17. An honorarium;
18. A lump sum allowance received for the cancellation of account of mutual aid fund for small corporations or small enterprises prescribed by Presidential Decree;
19. The price received for temporarily furnishing any of the following personal services (excluding services governed by subparagraphs 15 through 17):
(a) Services receiving the price, such as a lecturer's fee, etc. for a lecture to many persons outside of an employment relationship;
(b) Services, such as commentation, enlightenment, or screening of performances, etc. on the radio, television broadcasting, etc. for remuneration or the price in the nature similar thereto;
(c) Services rendered by a lawyer, certified public accountant, tax accountant, architect, surveyor, patent lawyer, or a person having professional knowledge or special expertise using his/her knowledge or expertise for remuneration or consideration;
(d) Other services rendered outside of an employment relationship for an allowance or the price in the nature similar thereto;
20. Income treated as other income pursuant to Article 67 of the Corporate Tax Act;
21. Income received in the form other than pension, regardless the nature of such income, out of the money prescribed in Article 20-3 (1) 2 (b) and (c);
22. Gains from exercising after retirement stock options granted before retirement, or from exercising those granted outside of an employment relationship;
22-2. A compensation for employee's invention that an employee, etc. or a faculty or employee of a university receives after retirement;
23. Bribes;
24. Money and other valuables received by means of acceptance of a bribe for good offices or acceptance of a bribe for breach of trust;
25. Deleted; <Dec. 29, 2020>
26. Income that a religion-related worker receives from any of the religious organizations specified by Presidential Decree in relation of the execution of a religious rite or any other activity as a religion-related worker (hereinafter referred to as "religious person's income");
27. Income generated by transferring or lending virtual asset as defined in subparagraph 1 of Article 2 of the Act on the Protection of Users of Virtual Assets (hereinafter referred to as "virtual assets") (hereinafter referred to as "virtual asset income").
(2) Notwithstanding paragraph (1) and Article 19 (1) 21, income generated from the transfer of paintings, calligraphic works, and antiques as prescribed by Presidential Decree (excluding income generated from cases prescribed by Presidential Decree, such as those having a business place) shall be classified as other income. <Newly Inserted on Dec. 29, 2020>
(3) The amount of other income shall be calculated by deducting necessary expenses, from the total amount of income generated in the relevant taxable period. <Amended on Dec. 29, 2020>
(4) Where income tax is withheld from a religious person's income under paragraph (1) 26 or a final return on the tax base of a religious person's income has been filed, treating the income as wage and salary income under Article 20 (1), such income shall be deemed wage and salary income. <Newly Inserted by Act No. 13558, Dec. 15, 2015; Dec. 29, 2020>
(5) The detailed scope and method of calculation of other income, and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Dec. 15, 2015; Dec. 29, 2020>
[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009]
[Enforcement Date: Jan. 1, 2025] The provisions, with the exception of the subparagraphs, of Article 21 (1) and Article 21 (1) 27