| contents | ||||||||||
| 3. Tax Administration | ||||||||||
| The Office of Tax and Customs at the Ministry of Finance and | ||||||||||
| Economy is responsible for planning tax policies and drafting tax | ||||||||||
| laws, while the National Tax Service carries out the | ||||||||||
| administration enforcement, which includes tax assessment and | ||||||||||
| collection. | ||||||||||
| a. Office of Tax and Customs, Ministry of Finance and Economy | ||||||||||
| The Office of Tax & Customs plans and coordinates overall | ||||||||||
| national tax and customs policies. It is headed by the Deputy | ||||||||||
| Minister for Tax and Customs, assisted by three | ||||||||||
| Directors-General and eleven Division Directors (seven for | ||||||||||
| internal taxes, three for customs and duties and task force for | ||||||||||
| office of real estate policy). The Divisions include Tax Policy, | ||||||||||
| Tax Expenditure, Income, Corporation, Property, Consumption, and | ||||||||||
| International Tax. The functions of each division except three | ||||||||||
| divisions for customs and duties are below. | ||||||||||
| (1) Tax Policy Division | ||||||||||
| - | Plans tax policy in general | |||||||||
| - | Estimates tax revenue and analyzes actual tax revenue | |||||||||
| - | Drafts the Basic Law for National Taxes and National Tax | |||||||||
| Collection Law | ||||||||||
| (2) Tax Expenditure Division | ||||||||||
| - | Plans, drafts, and interprets laws, including Special Tax | |||||||||
| Treatment Control Law, Education Tax Law, and Special Tax | ||||||||||
| Law for Rural Development | ||||||||||
| - | Estimates and analyzes tax exemptions and reductions | |||||||||
| - | Does research on the internal tax systems | |||||||||
| (3) Income Tax Division | ||||||||||
| - | Plans, drafts, and interprets laws concerning individual | |||||||||
| income tax and other related internal taxes excluding | ||||||||||
| matters dealt by the International Tax Division | ||||||||||
| (4) Corporation Tax Division | ||||||||||
| - | Plans, drafts, and interprets laws concerning corporation tax | |||||||||
| and other related internal taxes excluding matters dealt by | ||||||||||
| the International Tax Division | ||||||||||
| (5) Property Tax Division | ||||||||||
| - | Plans, drafts, and interprets laws and provisions of the | |||||||||
| Income Tax Law concerning capital gains tax and those of the | ||||||||||
| corporation Tax Law concerning additional tax on capital | ||||||||||
| gains | ||||||||||
| - | Plans, drafts, and interprets laws concerning inheritance tax, | |||||||||
| gift tax and securities transaction tax | ||||||||||
| (6) Consumption Tax Division | ||||||||||
| - | Plans, drafts, and interprets laws concerning the value added | |||||||||
| tax, special excise tax, liquor tax, telephone tax, stamp | ||||||||||
| tax, and transportation tax | ||||||||||
| (7) International Tax Division | ||||||||||
| - | Researches, plans, drafts, and interprets tax treaties with | |||||||||
| foreign countries | ||||||||||
| - | Researches, plans, drafts, and interprets laws concerning | |||||||||
| taxation on income of non-residents and foreign corporations | ||||||||||
| - | Promotes international cooperation in the tax area | |||||||||
| - | Researches foreign tax systems | |||||||||
| (8) Office of Real Estate Policy | ||||||||||
| - Support real estate conference of National Economy Advisory Council, | ||||||||||
| which coordinates, reconciles real estate policies produced by each | ||||||||||
| division. | ||||||||||
| b. National Tax Tribunal | ||||||||||
| The National Tax Tribunal was established as an independent | ||||||||||
| organization under the former Ministry of Finance on April 1, | ||||||||||
| 1975. It is now composed of a General Affairs Division, a | ||||||||||
| Supreme Judge, 3 Judges, and 10 Examiners. It is responsible | ||||||||||
| for examining and judging tax appellate cases. | ||||||||||
| c. National Tax Service | ||||||||||
| The National Tax Service was established as an external | ||||||||||
| organization for the Ministry of Finance on March 3, 1966, | ||||||||||
| taking over the Taxation Bureau of the Ministry of Finance. It | ||||||||||
| is mainly in charge of the assessment and collection of internal | ||||||||||
| taxes. Headed by the Commissioner, it is responsible for | ||||||||||
| establishing basic policies; and it supports tax administration | ||||||||||
| by directing, supervising, and controlling the Regional, | ||||||||||
| District, and Branch Tax Offices. | ||||||||||
| The National Tax Service consists of a Planning and Management | ||||||||||
| Controller, a Data Management Controller, an Inspector, eight | ||||||||||
| bureaus, three affiliated organizations, six Regional Tax | ||||||||||
| Offices, 104 District Tax Offices, and 17 Branch Offices. | ||||||||||
| (1) Internal Organization | ||||||||||
| i) | The Planning and Management Controller is responsible | |||||||||
| for policy formulation, planning, budgeting, and the | ||||||||||
| management of tax administration in general. | ||||||||||
| ii) | The Electronic Data Management Controller is in charge | |||||||||
| of managing and developing data using a computer system | ||||||||||
| located in the main Electronic Data Processing System | ||||||||||
| (EDPS) center in Seoul and three regional EDPS branches. | ||||||||||
| iii) The International Tax Controller is responsible for | ||||||||||
| collecting and giving out international-tax related | ||||||||||
| information, dealing with cross-border tax issues. | ||||||||||
| iv) | The Taxpayer Service Bureau has four divisions: Tax | |||||||||
| Collection Division, Taxpayer Advocate Division, and | ||||||||||
| Public Relations Division. The Tax Collection Division | ||||||||||
| covers revenue forecasting, controlling the collection of | ||||||||||
| national taxes, refunds of overpaid taxes, and the | ||||||||||
| management of delinquent taxpayers. The Taxpayer Advocate | ||||||||||
| Division covers tax appellate review and handles civil | ||||||||||
| applications whereas the Public Relations Division covers | ||||||||||
| publicity planning and coordination. | ||||||||||
| v) The Legal Affairs & Appeals Bureau consists of four | ||||||||||
| divisions: Legal Affairs Division, Tax Appeals Divisions | ||||||||||
| I, II, and III. | ||||||||||
| vi) The Individual Taxation Bureau is composed of Value Added | ||||||||||
| Tax Division, Individual Income Tax Division, and | ||||||||||
| Property Related Tax Division. The Corporation Taxation | ||||||||||
| Bureau is made up of the following: Corporation Tax | ||||||||||
| Division, Excise Tax Division, and International | ||||||||||
| Operation Division. | ||||||||||
| vii) The Corporate Investigation Bureau includes the | ||||||||||
| Investigation Divisions I, II and the Corporate Affairs | ||||||||||
| Division. The First Investigation Division is in charge | ||||||||||
| of policy-making, planning, analyzing, and the evaluation | ||||||||||
| of tax intelligence and investigation programs. The | ||||||||||
| Second Investigation Division covers the collection, | ||||||||||
| analysis, and management of intelligence and information | ||||||||||
| related to internal tax evasion. The Corporate Affairs | ||||||||||
| Division is in charge of tax investigations of large | ||||||||||
| corporations and their income sources. | ||||||||||
| (2) Affiliated Organizations | ||||||||||
| i) | The National Tax Officials Training Institute, an | |||||||||
| independent organization, undertakes the training of | ||||||||||
| national tax officials. | ||||||||||
| ii) | The Technical Service Institute performs technical | |||||||||
| analysis of taxable articles such as liquor and chemical | ||||||||||
| products. | ||||||||||
| iii) | The National Tax Consulting Center handles various | |||||||||
| complaints and queries raised by taxpayers and offers | ||||||||||
| advice and answers over the phone. | ||||||||||
| (3) Regional Tax Office, National Tax Service | ||||||||||
| Under the supervision of the National Tax Service, the Regional | ||||||||||
| Tax Office is responsible for the direct guidance and control over | ||||||||||
| the activities of the District Tax Offices. In addition, a Regional | ||||||||||
| Tax Office directly handles the assessment of special-case taxes on | ||||||||||
| certain taxpayers. There are six Regional Tax Offices nationwide, | ||||||||||
| located in the cities of Seoul, Suwon, Daejeon, Gwangju, Daegu, and | ||||||||||
| Busan. | ||||||||||
| A Regional Tax Office has five bureaus: Collection Support | ||||||||||
| Bureau, Revenue Control Bureau, Investigation Bureaus I, II & III.. | ||||||||||
| The Collection Support Division is in charge of tax collection, | ||||||||||
| review of appellate applications and electronic management. The | ||||||||||
| Revenue Control Division consists of Individual Tax Division, | ||||||||||
| Corporation Tax Division. The Investigation Bureaus I, II & III | ||||||||||
| consists of several divisions such as Investigation Management | ||||||||||
| Division and Special Investigations Divisions. | ||||||||||
| (4) District Tax Office | ||||||||||
| A District Tax Office is the front-line organization responsible | ||||||||||
| for the assessment, collection, audit, and investigation of all | ||||||||||
| internal taxes. In general, a District Tax Office consists of the | ||||||||||
| Collection Support Division, Revenue Control Division, Investigation | ||||||||||
| Division I, II & III. However, organization of the individual | ||||||||||
| District Tax Offices varies according to the respective scale of the | ||||||||||
| districts they govern. | ||||||||||
| - | The Collection Support Division is in charge of personnel | |||||||||
| administration, accounting, collection, review of appellate | ||||||||||
| applications against unfair taxation, tax consultation, and | ||||||||||
| general affairs. | ||||||||||
| - | The Revenue Control Division consists of Individual Tax | |||||||||
| Division, Corporation Tax Division. The Investigation | ||||||||||
| Bureaus I, II & III consists of several divisions such as | ||||||||||
| Investigation Management Division and Special Investigations | ||||||||||
| Divisions. | ||||||||||