| (1) | A resident who transfers an asset specified in any subparagraph of Article 94 (1) shall file a return on the tax base of capital gains, as calculated in accordance with Article 92 (2), with the head of the tax office having jurisdiction over the place for tax payment during the following relevant period, as prescribed by Presidential Decree: <Amended by Act No. 12852, Dec. 23, 2014; Act No. 13796, Jan. 19, 2016; Act No. 14389, Dec. 20, 2016; Act No. 15225, Dec. 19, 2017; Dec. 31,, 2019; Dec. 29, 2020> |
| 1. | Two months from the last day of the month in which an asset is transferred, where the resident transfers the asset specified in Article 94 (1) 1, 2, 4, or 6: Provided, That where the person settles the price before he/she obtains permission for a contract for sale and purchase of land to transfer a parcel of land in an area subject to permission for a contract for sale and purchase of land under Article 10 (1) of the Act on Report on Real Estate Transactions, Etc., the period shall be two months from the last day of the month in which permission is granted for the transfer (where the designation of an area subject to permission is cancelled before the permission for a contract for sale and purchase of land is obtained, referring to the date such designation is cancelled); |
| 2. | Deleted; <Dec. 29, 2020> |
| 3. | Three months from the last day of the month in which the resident transfers an asset, where an amount of debt in a gift of encumbered property is deemed transferred under the latter part of subparagraph 1 of Article 88, notwithstanding subparagraphs 1 and 2. |
| (2) | A return on tax base of capital gains pursuant to paragraph (1) shall be referred to as a preliminary return. |
| (3) | Paragraph (1) shall also apply when no gains on transfer occur or any loss on transfer occurs. |
[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009]
[Enforcement Date: Jan. 1, 2025] Provisions, with the exception of the subparagraphs, of Article 105 (1), Article 105 (1) 2