ENFORCEMENT DECREE OF THE STAMP TAX ACT
Wholly Amended by Presidential Decree No. 13544, Dec. 31, 1991
Amended by Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 15569, Dec. 31, 1997
Presidential Decree No. 17463, Dec. 31, 2001
Presidential Decree No. 17791, Dec. 5, 2002
Presidential Decree No. 18297, Feb. 28, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 19900, Feb. 28, 2007
Presidential Decree No. 20261, Sep. 10, 2007
Presidential Decree No. 20720, Feb. 29, 2008
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 21881, Dec. 14, 2009
Presidential Decree No. 22039, Feb. 18, 2010
Presidential Decree No. 22424, Oct. 1, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 24363, Feb. 15, 2013
Presidential Decree No. 24697, Aug. 27, 2013
Presidential Decree No. 25199, Feb. 21, 2014
Presidential Decree No. 25945, Dec. 30, 2014
Presidential Decree No. 26075, Feb. 3, 2015
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27844, Feb. 7, 2017
Presidential Decree No. 29536, Feb. 12, 2019
Presidential Decree No. 31457, Feb. 17, 2021
Presidential Decree No. 31611, Apr. 6, 2021
Presidential Decree No. 33281, Feb. 28, 2023
The purpose of this Decree is to prescribe matters mandated by the Stamp Tax Act and matters necessary for enforcing said Act. [This Article Wholly Amended on Feb. 18, 2010]
The terms used in this Decree have the same meanings as defined in the Stamp Tax Act (hereinafter referred to as “Act”). [This Article Wholly Amended on Feb. 18, 2010]
Article 2-2 (Scope of Certificates of Consumer Cash Loans) |
“Financial institution or insurance company specified by Presidential Decree” in Article 3 (1) 2 of the Act means any of the following: <Amended on Nov. 15, 2010; Feb. 15, 2013; Feb. 7, 2017> 3. | Deleted; <Dec. 30, 2014> |
16. | A fisheries cooperative, the National Fisheries Cooperatives Federation, and SH bank established under the Fisheries Cooperatives Act; |
17. | A forestry cooperative and the National Forestry Cooperatives Federations established under the Forestry Cooperatives Act; |
18. | Other financial institutions or insurance companies providing credit services, specified by Ordinance of the Ministry of Economy and Finance. |
[This Article Wholly Amended on Feb. 18, 2010]
Article 2-3 (Scope of Documents for Contracting or Delegation) |
“Document ... specified by Presidential Decree” in Article 3 (1) 3 of the Act means any of the following: <Amended on Jun. 1, 2015; Aug. 31, 2016; Feb. 12, 2019; Apr. 6, 2021> 18. | A contract executed by a surveyor to supply professional services provided for in Article 39 of the Act on the Establishment, Management of Spatial Data. |
[This Article Wholly Amended on Feb. 18, 2010]
Article 3 (Scope of Certificates of Asset Transfers) |
3. | A ship of less than 20 gross tonnage (such ship includes a motor boat and a yacht, but excludes a non-powered craft of less than five tons). |
[This Article Wholly Amended on Feb. 18, 2010]
Article 4 Deleted. <Feb. 17, 2021> |
Article 5 (Scope of Certificates of Continuous and Recurrent Transactions) |
[This Article Wholly Amended on Feb. 18, 2010]
Article 5-2 (Scope of Gift Certificates or Prepaid Cards) |
(1) | “Gift certificate specified by Presidential Decree” in Article 3 (1) 8 of the Act means a voucher, irrespective of its name or form, issued and sold by an issuer stating a specified amount of money or the quantity of merchandise or service, which entitles the holder to receive the merchandise or service as stated in that certificate from the issuer or any of the entities designated by the issuer (hereinafter referred to as “issuer, etc.”), by presenting or giving it to the issuer, etc., or by other means. <Amended on Feb. 17, 2021> |
(2) | “Prepaid card specified by Presidential Decree” in Article 3 (1) 8 of the Act means a voucher issued and sold with a specified amount of money or the quantity of merchandise or service recorded electronically or in a magnetic strip, as a kind of gift certificates. <Amended on Feb. 17, 2021> |
(3) | Notwithstanding paragraphs (1) and (2), none of the following shall be treated as a gift certificate or prepaid card: |
2. | An admission ticket or user pass of facilities or places used by a large number of unspecified persons, such as means of transportation, concert halls, horse racetracks, sports stadiums, amusement parks, and expositions; |
3. | Those determined by Ordinance of the Ministry of Economy and Finance, which are not for commercial distribution, or imposing the stamp tax on which is deemed inappropriate, in consideration of their nature. |
[This Article Newly Inserted on Feb. 18, 2010]
Article 6 (Scope of Certificates for Obligations Guarantee) |
(1) | “Certificate of guarantee of a similar obligation specified by Presidential Decree” in Article 3 (1) 12 (a) of the Act means a certificate of debt guarantee, which is issued by a bank established with authorization granted under the Banking Act or an entity engaging in finance and insurance business provided for by Ordinance of Ministry of Economy and Finance: Provided, That such certificate shall exclude a letter of credit. <Amended on Presidential Decree 22493, Nov. 15, 2010> |
[This Article Wholly Amended on Feb. 18, 2010]
Article 6-2 (Scope of Non-Taxable Electronic Documents) |
3. | Electronically registered stocks, etc. (excluding those falling under subparagraphs 1 and 2) as defined in subparagraph 4 of Article 2 of the Act on the Electronic Registration of Stocks and Bonds; |
[This Article Wholly Amended on Feb. 28, 2023]
Article 7 (Determination and Classification of Taxable Documents) |
(1) | If a document simultaneously falls within the categories of the taxable documents referred to in Article 3 (1) 1 through 3, 5 or 6 of the Act and the taxable documents referred to in Article 3 (1) 4, 8 through 10 or 12 of the Act (including a document that simultaneously contains the descriptions in any of the taxable documents referred to in Article 3 (1) 1 through 3, 5 or 6 of the Act and the descriptions in any of the taxable documents referred to in Article 3 (1) 4, 8 through 10 or 12 of the Act), the document shall be deemed any of the taxable documents referred to in Article 3 (1) 1 through 3, 5 or 6 of the Act; and, if a document simultaneously falls within the categories of the taxable documents referred to in Article 3 (1) 1 through 3, 5 or 6 of the Act and the taxable documents referred to in Article 3 (1) 7 or 11 of the Act (including a document that simultaneously contains the descriptions in any of the taxable documents referred to in Article 3 (1) 1 through 3, 5 or 6 of the Act and the descriptions in any of the taxable documents referred to in Article 3 (1) 7 or 11 of the Act), the document shall be deemed any of the taxable documents referred to in Article 3 (1) 7 or 11 of the Act. |
[This Article Wholly Amended on Feb. 18, 2010]
Article 8 (Computation of Stated Amount) |
If parties to any of the taxable documents referred to in Article 3 (1) 1 through 3, 5 or 6 of the Act agree on a specified maximum amount and make transactions within the specified maximum amount, such maximum amount shall be deemed the amount stated on the taxable document. [This Article Wholly Amended on Feb. 18, 2010]
Article 9 (Scope of Annexes) |
"Cases specified by Presidential Decree" in the proviso of Article 5 of the Act means the following cases: 2. | Where an annex is prepared to pay in installments a specified amount agreed under a contract for consumer cash loans concluded with any of the financial institutions or insurance companies referred to in the subparagraphs of Article 2-2. |
[This Article Wholly Amended on Feb. 18, 2010]
Article 10 Deleted. <Feb. 28, 2007> |
Article 11 (Payment in Cash) |
(1) | A person who intends to pay the stamp tax pursuant to the proviso of Article 8 (1) of the Act shall file an application in the form prescribed by Ordinance of the Ministry of Economy and Finance (including such application in electronic form), which contains the name of the taxable document, tax amount due, payment methods, printing house to print out the taxable document, and other relevant information, with the head of the tax office having jurisdiction over the taxpayer’s place of business (or the taxpayer’s place of domicile, if no place of business provided for in the Income Tax Act, the Corporate Tax, or the Value-Added Tax Act exists; hereinafter the same shall apply) and shall obtain approval therefor: Provided, That each of the following entities may file such application form, via the relevant federation, with the head of the tax office having jurisdiction over the location of the federation, and may obtain approval therefor, if it intends to pay the stamp tax on any of the taxable documents referred to in Article 3 (1) 10 of the Act in cash pursuant to the proviso of Article 8 (1) of the Act: <Amended on Feb. 3, 2015; Feb. 28, 2023> |
(2) | The head of the tax office having jurisdiction over a taxpayer’s place of business (or the head of the tax office having jurisdiction over the location of the federation, if an application is filed under the proviso, with the exception of the subparagraphs, of paragraph (1); hereinafter the same shall apply) may reject an application filed under paragraph (1) in any of the following circumstances. In such cases, he or she shall inform the applicant of rejection of his or his application and the grounds for the rejection within 10 days of the filing date of the application: <Amended on Feb. 21, 2014; Feb. 3, 2015> |
1. | Where the number of taxable documents prepared is objectively unverifiable, rendering the payment of stamp taxes in cash deemed inappropriate; |
2. | Where it is impossible to substantiate the number of taxable documents prepared, the number taxable documents transferred, and the number of taxable documents traded, because the cross monitoring system between the accounting department and the sales department, between the headquarters and branches, and between the franchisees (vendors) of the applicant is not transparent and objective; |
3. | Where the taxable document is issued to a person, other than the person who prepares it, for trading or circulation, and no measures to prevent the forgery or falsification of such document are in place; |
4. | Where paying stamp taxes by affixing the electronic revenue stamp defined in Article 2 (1) of the Revenue Stamp Act to the taxable document and cancelling the stamp is more efficient than paying the stamp taxes in cash; |
5. | Where guaranteeing the payment of stamp taxes, is deemed hampered otherwise. |
(3) | A person who has obtained approval of an application submitted pursuant to paragraph (1) shall pay the tax amount due to the head of the tax office having jurisdiction over the taxpayer’s place of business by no later than the 10th day of the month following the month in which the date of preparation of the taxable document falls pursuant to Article 8 (3) of the Act. <Amended on Feb. 3, 2015; Feb. 28, 2023> |
(4) | A person who has paid stamp taxes under paragraphs (1) and (3), shall indicate on the relevant document that the stamp taxes have been paid. |
(5) | The head of the competent tax office that approves the payment of stamp taxes in cash under paragraph (1), shall notify the printer who will print out the taxable documents of his or her approval for indicating on such taxable documents that the stamp taxes have been paid in cash, and the printer shall report the printed content and sample document to the head of the tax office having jurisdiction over the taxpayer within three days of completing printing. |
(6) | Filing of applications, payment of stamp taxes in cash, and indication of the payment of stamp taxes under paragraphs (1) through (5), and other necessary details, shall be determined and publicly notified by the Commissioner of the National Tax Service. |
[This Article Wholly Amended on Feb. 18, 2010]
Article 11-2 (Methods of Payment of Stamp Tax on Taxable Electronic Documents) |
[This Article Newly Inserted on Feb. 18, 2010]
Article 11-3 (Refund Procedures) |
A person who intends to obtain a refund or deduction pursuant to Article 8-3 of the Act shall file an application for refund in the form prescribed by Ordinance of the Ministry of Economy and Finance, with the head of the tax office having jurisdiction his or her place of business, along with the taxable document he or she fails to prepare after having paid the stamp tax. <Amended on Feb. 3, 2015> [This Article Wholly Amended on Feb. 18, 2010]
Article 12 (Computation of Tax Amount Upon Change of Stated Amount) |
The amount of stamp tax due when the amount initially stated on any of the taxable documents referred to in Article 3 (1) 1 through 3, 5 or 6 of the Act is increased, shall be computed by subtracting the tax amount paid based upon the stated amount as the contract amount before the increase, from the tax amount imposed on the stated amount, which is an aggregate of the contract amount before the increase and the increased amount. [This Article Wholly Amended on Feb. 18, 2010]
ADDENDA <Presidential Decree No. 13544, Dec. 31, 1991>
(1) | (Enforcement Date) This Decree shall enter into force on July 1, 1992. |
(2) | (General Applicability) This Decree shall apply beginning with the first taxable document to be prepared after this Decree enters into force. |
(3) | (Transitional Measures concerning Computation of Taxes) For the purposes of Article 12, the amount of stamp taxes due when the amount stated on any of the taxable documents referred to in Article 3 (1) 1 through 4 of the Act, prepared prior to this Decree entering into force, is increased on or after the enforcement date of this Decree, shall be computed by subtracting the tax amount paid under the former provisions from the tax amount due on the stated amount after the increase. In such cases, the subtraction of the tax amount due shall be limited to the tax amount on the stated amount after the increase. |
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. 15569, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1998.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 17463, Dec. 31, 2001>
(1) | (Enforcement Date) This Decree shall enter into force on January 1, 2002. |
(2) | (Applicability) This Decree shall apply beginning with the first document to be prepared after this Decree enters into force. |
(3) | (Transitional Measures) The former provisions shall apply to stamp taxes imposed or to be imposed pursuant to the former provisions before this Decree enters into force. |
ADDENDA <Presidential Decree No. 17791, Dec. 5, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18297, Feb. 28, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2004.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19900, Feb. 28, 2007>
(1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
(2) | (Applicability) This Decree shall apply beginning with the first document to be prepared after this Decree enters into force. |
ADDENDA <Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
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 any amendment of the Presidential Decrees made under Article 8 of the Addenda, which were promulgated before this Decree comes into force and the enforcement date of which is yet to arrive, shall enter into force on the date the corresponding Presidential Decree takes effect. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22039, Feb. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended Articles 6-2 and 11-2 shall enter into force on January 1, 2011. Article 2 (General Applicability)
This Decree shall apply beginning with the first taxable document to be prepared after this Decree enters into force.
Article 3 (Applicability to Electronic Documents)
The amended Articles 6-2 and 11-2 shall apply beginning with the first taxable electronic document to be prepared after the amended Articles 6-2 and 11-2 enter into force pursuant to the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 22424, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
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.
ADDENDUM <Presidential Decree No. 24363, Feb. 15, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24697, Aug. 27, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 29, 2013. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 25199, Feb. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended Articles 6-2 and 11-2 shall enter into force on January 1, 2015. Article 2 (Applicability to Electronic Documents)
The amended Articles 6-2 and 11-2 shall beginning with the first taxable document to be prepared on or after January 1, 2015.
ADDENDA <Presidential Decree No. 25945, Dec. 30, 2014>
Article 1 (Enforcement Date)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26075, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Approval for Payment in Cash)
The amended Article 11 shall apply beginning with the first payment of stamp taxes in cash after this Decree enters into force.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27844, Feb. 7, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29536, Feb. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to Article 11-2 shall enter into force on March 1, 2019. Article 2 (Applicability to Method of Payment of Stamp Tax on Taxable Electronic Documents)
The amendments to Article 11-2 shall apply beginning with the first taxable electronic documents prepared after the enforcement date under the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 31457, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2021: Provided, That the amended provisions of Article 4 shall enter into force on the date of promulgation of this Act. Article 2 (Applicability following Expansion of Scope of Gift Certificates or Prepaid Cards)
The amended provisions of Article 5-2 (1) and (2) shall begin to apply to gift certificates and prepaid cards issued after this Decree enters into force.
ADDENDA <Presidential Decree No. 31611, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 8, 2021
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 33281, Feb. 28, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Scope of Non-Taxable Electronic Documents)
The amended provisions of Article 6-2 shall begin to apply to taxable documents prepared after this Decree enters into force. Article 3 (Transitional Measures regarding Payment in Cash)
Notwithstanding the amended provisions of Article 11 (1) and the proviso of paragraph (3) of that Article, the previous provisions shall apply to approval of taxable documents for which an application for the payment of stamp taxes in cash has been filed before this Decree enters into force and the payment of stamp taxes in cash.