Statutes of the Republic of Korea

No. 8860
Promulgation Date 2008-02-29
Ministry of Economy and Finance

ALL

CHAPTER Ⅰ GENERAL PROVISIONS

Section 1 Common Provisions

Article 1 (Purpose)

Article 2 (Definitions)

Article 3 (Relation with Tax-Related Acts, etc.)

Section 2 Period and Term

Article 4 (Computation of Period)

Article 5 (Exceptional Rule of Term)

Article 5-2 (Report by Mail and by Electron)

Article 6 (Extension of Time Limit Due to Natural Disaster, etc.)

Article 6-2 (Revocation of Extension of Time Limit for Payment)

Article 7 (Extension of Time Limit due to Delayed Service)

Section 3 Service of Documents

Article 8 (Service of Documents)

Article 9 (Report on Place to be Served)

Article 10 (Service Method of Documents)

Article 11 (Service by Public Notification)

Article 12 (Taking Effect of Service)

Section 4 Personality

Article 13 (Organization Considered as Juristic Person)

CHAPTER Ⅱ IMPOSITION OF NATIONAL TAX AND APPLICATION OF TAX-RELATED ACTS

Section 1 Principles of Imposition of National Tax

Article 14 (Actual Assessment)

Article 15 (Good Faith and Sincerity)

Article 16 (Ground of Assessment)

Article 17 (Follow-up Management of Tax Reduction and Examination)

Section 2 Principles for Application of Tax-Related Acts

Article 18 (Standard for Tax-Related Acts Interpretation and Prohibition of Retroactive Taxation)

Article 19 (Limitation of Discretion of Tax Officials)

Article 20 (Respect for Corporate Accounting)

CHAPTER Ⅲ TAX LIABILITY

Section 1 Creation and Determination of Tax Liability

Article 21 (Establishment Date of Tax Liability)

Article 22 (Determination of Tax Liability)

Article 22-2 (Effect of Correction, etc.)

Section 2 Succession of Liability for Tax Payment

Article 23 (Succession of Liability for Tax Payment Due to Merger of Juristic Persons)

Article 24 (Succession of Liability for Tax Payment Due to Inheritance)

Section 3 Joint and Several Liability for Tax Payment

Article 25 (Joint and Several Liability for Tax Payment)

Article 25-2 (Application of Civil Act Mutatis Mutandis to Joint and Several Liability for Tax Payment)

Section 4 Extinction of Liability to Pay

Article 26 (Extinction of Liability to Pay)

Article 26-2 (Period for Excluding Assessment of National Tax)

Article 27 (Extinctive Prescription of Right to Collect National Taxes)

Article 28 (Interruption and Suspension of Prescription)

Section 5 Security for Tax Payment

Article 29 (Kinds of Security)

Article 30 (Appraisal of Security)

Article 31 (Method to Offer Security)

Article 32 (Change and Supplement of Security)

Article 33 (Payment and Collection by Security)

Article 34 (Release of Security)

CHAPTER Ⅳ RELATION BETWEEN NATIONAL TAX AND OTHER CLAIMS

Section 1 Priority of National Tax

Article 35 (Preference of National Tax)

Article 35-2 Deleted.

Article 36 (Preference by Attachment)

Article 37 (Preference of National Tax with Security)

Section 2 Secondary Liability for Tax Payment

Article 38 (Secondary Liability for Tax Payment of Liquidators, etc.)

Article 39 (Secondary Liability for Tax Payment of Contributors)

Article 40 (Secondary Liability for Tax Payment of Juristic Person)

Article 41 (Secondary Liability of Transferee for Tax Payment)

Section 3 Liability for Tax Payment in Kind

Article 42 (Liability for Tax Payment in Kind of Person with Right to Property Transferred for Security)

CHAPTER Ⅴ TAXATION

Section 1 Competent Authorities

Article 43 (Competence over Returns of Tax Base)

Article 44 (Competence over Decision or Decision of Correction)

Section 2 Revised Return and Request for Correction, etc.

Article 45 (Revised Return)

Article 45-2 (Request for Correction, etc.)

Article 45-3 (Return after Term)

Article 46 (Voluntary Payment of Additional Amount)

Section 3 Imposition, Reduction and Exemption of Additional Tax

Article 47 (Imposition of Additional Tax)

Article 47-2 (Additional Tax on Non-Filing)

Article 47-3 (Additional Tax on Underreported Return)

Article 47-4 (Additional Tax on Over-Refunding Return)

Article 47-5 (Additional Tax on Insincere Payment and Refunding Return)

Article 48 (Reduction, Exemption, etc. of Additional Tax)

Article 49 (Upper Limit of Additional Tax)

Article 50 Deleted.

CHAPTER Ⅵ REFUND AND ADDITIONAL REFUND OF NATIONAL TAX

Article 51 (Appropriation and Refund of National Tax Refund)

Article 51-2 (Refund of Property Paid in Kind)

Article 52 (Additional Refund of National Tax)

Article 53 (Transfer of Rights to National Tax Refund)

Article 54 (Extinctive Prescription of National Tax Refund)

CHAPTER Ⅶ EXAMINATION AND ADJUDGMENT

Section 1 Common Provisions

Article 55 (Protest)

Article 55-2 (Special Case on Calculation of Period in Procedure of Mutual Agreement)

Article 56 (Relation with Other Acts)

Article 57 (Effect of Request for Examination on Execution)

Article 58 (Rights to Inspect Related Documents and to Present Opinion)

Article 59 (Representative)

Article 60 (Notification of Method for Protest)

Section 2 Examination

Article 61 (Period of Request)

Article 62 (Procedure of Request)

Article 63 (Supplementation or Correction of Request Form)

Article 64 (Procedure of Decision)

Article 65 (Decisions)

Article 65-2 (Correction of Decision)

Article 66 (Objection)

Section 3 Tax Appeals

Article 67 (Tax Tribunal)

Article 68 (Period of Request)

Article 69 (Procedure of Request)

Article 70 Deleted.

Article 71 (Evidential Documents or Other Evidences)

Article 72 (Council of Tax Judges)

Article 73 (Exclusion and Refrainment of National Tax Judge)

Article 74 (Challenge of National Tax Judge in Charge)

Article 75 (Joinder and Separation of Cases)

Article 76 (Rights to Question and Inspect)

Article 77 (Judgment of Fact)

Article 78 (Procedure of Decision)

Article 79 (Nemo Judex Sino Actore and Prohibition of Disadvantageous Modification)

Article 80 (Effect of Decision)

CHAPTER Ⅶ-2 TAXPAYERS’ RIGHTS

Article 81-2 (Establishment and Delivery of Taxpayers’ Right Charter)

Article 81-3 (Presumption of Taxpayer’s Sincerity)

Article 81-4 (Prohibition of Abuse of Right of Tax Investigation)

Article 81-5 (Right to Receive Help in Tax Investigation)

Article 81-6 (Selection of Persons Subject to Tax Investigation)

Article 81-7 (Advance Notice of Tax Investigation and Request for Postponement)

Article 81-8 (Period of Tax Investigation)

Article 81-9 (Notice of Result in Tax Investigation)

Article 81-10 (Confidentiality)

Article 81-11 (Offer of Information)

Article 81-12 (Judgment on Propriety before Tax Levying)

CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS

Article 82 (Tax Manager)

Article 83 (Minimum Limit of Amount to be Notified)

Article 84 (Cooperation for National Tax Service)

Article 84-2 (Payment of Bounty)

Article 85 (Cooperation for Producing and Collecting Materials for Assessment)

Article 85-2 (Use of Data on Payment Record)

Article 85-3 (Keeping and Preservation of Books, etc.)

Article 85-4 (Delivery of Receipt for Document)

Article 85-5 (Publication of Roll of High and Habitually Delinquent Taxpayers)

Article 86 (Enforcement Decree)

ADDENDA

ADDENDUM<Act No. 2925, Dec. 22, 1976>

ADDENDA<Act No. 2932, Dec. 22, 1976>

ADDENDUM<Act No. 3097, Dec. 5, 1978>

ADDENDA<Act No. 3199, Dec. 28, 1979>

ADDENDA<Act No. 3471, Dec. 31, 1981>

ADDENDA<Act No. 3746, Aug. 7, 1984>

ADDENDA<Act No. 3754, Dec. 15, 1984>

ADDENDA<Act No. 3755, Dec. 15, 1884>

ADDENDA<Act No. 4177, Dec. 30, 1989>

ADDENDA<Act No. 4277, Dec. 31, 1990>

ADDENDA<Act No. 4561, Jun. 11, 1993>

ADDENDA<Act No. 4672, Dec. 31, 1993>

ADDENDA<Act No. 4743, Mar. 24, 1994>

ADDENDA<Act No. 4810, Dec. 22, 1994>

ADDENDA<Act No. 4981, Dec. 6, 1995>

ADDENDA<Act No. 5189, Dec. 30, 1996>

ADDENDA<Act No. 5193, Dec. 30, 1996>

ADDENDUM<Act No. 5454, Dec. 13, 1997>

ADDENDA<Act No. 5579, Dec. 28, 1998>

ADDENDA<Act No. 5993, Aug. 31, 1999>

ADDENDA<Act No. 6070, Dec. 31, 1999>

ADDENDA<Act No. 6299, Dec. 29, 2000>

ADDENDA<Act No. 6303, Dec. 29, 2000>

ADDENDA<Act No. 6782, Dec. 18, 2002>

ADDENDA<Act No. 7008, Dec. 30, 2003>

ADDENDA<Act No. 7032, Dec. 31, 2003>

ADDENDUM<Act No. 7329, Jan. 5, 2005>

ADDENDA<Act No. 7582, Jul. 13, 2005>

ADDENDA<Act No. 7796, Dec. 29, 2005>

ADDENDA<Act No. 7930, Apr. 28, 2006>

ADDENDA<Act No. 8139, Dec. 30, 2006>

ADDENDA<Act No. 8372, Apr. 11, 2007>

ADDENDA<Act No. 8521, Jul. 19, 2007>

ADDENDA<Act No. 8830, Dec. 31, 2007>

ADDENDA<Act No. 8860, Feb. 29, 2008>