| contents | |||||||||||
| 5. Tax Return and Payment | |||||||||||
| a. General | |||||||||||
| Under the 1994 tax reform, the individual income tax assessment system was | |||||||||||
| converted into a self-assessment system under which each taxpayer is required to | |||||||||||
| file a return and pay the proper amount of tax by the due date as prescribed by the | |||||||||||
| individual income tax law. | |||||||||||
| b. Interim Prepayment for Global Income | |||||||||||
| (1) | A resident with global income is subject to interim prepayment of global income tax | ||||||||||
| for interim prepayment periods (from January 1 through June 30) in the amount | |||||||||||
| equivalent to half of the global income tax amount paid or payable in the preceding | |||||||||||
| year, by the end of November. | |||||||||||
| (2) | The "income tax paid or payable in the preceding year" is the aggregate of the tax | ||||||||||
| amount payable for interim prepayment in the preceding year, the tax amount payable | |||||||||||
| upon filing of the return, together with penalty taxes owed. | |||||||||||
| c. Pre-returns and Estimated Payment of a Real Estate Dealer | |||||||||||
| (1) | A real estate dealer is required to file a return to report any taxable profit from the sale | ||||||||||
| of land or buildings within two months from the end of the month that the profit was | |||||||||||
| incurred. The real estate dealer should include the payment with the filed return, | |||||||||||
| calculated by applying the basic tax rates on capital gains to the taxable profit as | |||||||||||
| income tax from a real estate dealing business. A 10% tax credit is allowed if | |||||||||||
| payments together with the return are properly made. | |||||||||||
| (2) | The taxable profit is calculated by deducting necessary expenses incidental to the | ||||||||||
| sale of land or buildings. | |||||||||||
| d. Pre-returns and Estimated Payment for Capital Gains | |||||||||||
| (1) | A resident who transfers assets subject to the capital gains tax is required to file a | ||||||||||
| return and pay the tax due on the capital gains within two months from the month of | |||||||||||
| transfer. | |||||||||||
| (2) | The amount of tax payable at the time of the interim return is calculated by applying | ||||||||||
| the basic tax rates on capital gains to the profit derived from the transfer. If the tax | |||||||||||
| return including the payment is properly made, 10% of tax credit is allowed from the | |||||||||||
| tax due. | |||||||||||
| e. Final Return and Payment | |||||||||||
| (1) Return on tax base | |||||||||||
| A resident who has global income, retirement income, capital gains, or timber income | |||||||||||
| during the applicable taxable period is required to file a return on the respective tax | |||||||||||
| base between May 1 and May 31 of the following year. | |||||||||||
| (2) Documentation | |||||||||||
| Tax returns should include the following documents : | |||||||||||
| (a) supporting documents in order to be eligible for personal exemptions and special | |||||||||||
| deductions, | |||||||||||
| (b) documents in which gross receipts and necessary expenses are recorded | |||||||||||
| together with statements of income amount in the form prescribed by the Ministerial | |||||||||||
| Decrees, | |||||||||||
| (c) for those having rental income or business profits, a balance sheet, a profit and | |||||||||||
| loss statement, a compound trial balance, and a reconciliation format, or a summary | |||||||||||
| of income statement, and | |||||||||||
| (d) | particulars of tax free reserves. | ||||||||||
| (3) Residents not required to submit a final return | |||||||||||
| The following residents are not required to submit final returns. However, a resident | |||||||||||
| who has Class B wage and salary income and/or retirement income is not excluded | |||||||||||
| hereunder: | |||||||||||
| (a) | A resident who has only: | ||||||||||
| i) wage and salary income, | |||||||||||
| ii) retirement income, or | |||||||||||
| iii) pension income | |||||||||||
| iv) a combination of both i) and ii) or both ii) and iii) | |||||||||||
| (b) | A resident with only capital gains and one who has filed a preliminary return thereon | ||||||||||
| (c) A resident with only: | |||||||||||
| i) interest income subject to separate taxation, | |||||||||||
| ii) dividend income subject to separate taxation, and | |||||||||||
| iii) separate taxation on pension income | |||||||||||
| iv) other income subject to separate taxation. | |||||||||||
| (d) | A resident with only the types of income enumerated in (a), (b), and (c). | ||||||||||
| (4) Payment of tax | |||||||||||
| (a) A resident who has submitted a tax return shall pay any amount remaining after | |||||||||||
| deducting the following items from the amount calculated as tax due on global | |||||||||||
| income, retirement income, capital gains, or timber income for each taxable period. | |||||||||||
| i) Interim prepayment of tax | |||||||||||
| ii) Estimated taxes paid by real estate dealers, or with respect to capital gains | |||||||||||
| iii) Additional taxes paid as a result of occasional assessments of tax | |||||||||||
| iv) Taxes withheld at source | |||||||||||
| v) Taxes paid through a taxpayers association | |||||||||||
| (b) A resident whose taxable amount exceeds 10 million won may pay the tax | |||||||||||
| accrued in installments within 45 days from the closing date of the payment period. | |||||||||||
| i) In case of tax due less than 20 million won, the amount more than 10 million | |||||||||||
| won can be paid in the extended period of payment. | |||||||||||
| ii) In case of tax due of more than 20 million won, 50% or less of the amount of tax | |||||||||||
| can be paid in the extended period of payment. | |||||||||||
| f. Taxpayer Associations | |||||||||||
| (1) Organization | |||||||||||
| Class B wage and salary income earners, meat sellers, grain dealers, and vendors | |||||||||||
| may organize taxpayer associations through which they may pay taxes. | |||||||||||
| (2) Obligation to collect tax | |||||||||||
| A taxpayer association shall collect income tax from the members each month. | |||||||||||
| (3) Payment of tax | |||||||||||
| Income tax for each month collected by a taxpayer association will be paid to the | |||||||||||
| government by the 10th day of the following month. | |||||||||||
| (4) | Tax credit for payment of tax by taxpayer association : 10% | ||||||||||
| (5) | Penalty tax for non-payment of tax by taxpayer association: 5% | ||||||||||
| g. Taxpayer Address | |||||||||||
| A domicile or a residence of a taxpayer is the tax address for the purpose of income tax. | |||||||||||