| TRANSPORTATION TAX | |||||||||||
| 1. Taxpayer | |||||||||||
| 2. Tax Base and Rate | |||||||||||
| 3. Return and Payment | |||||||||||
| 4. Exemption | |||||||||||
| 5. Tax Credit and Refund | |||||||||||
| 1. Taxpayer | |||||||||||
| Any person falling under one of the following categories is liable to transportation tax. | |||||||||||
| a. A person who produces gasoline, similar substitute oils, and diesel oil | |||||||||||
| b. A person who imports gasoline, similar substitute oils, and diesel oil | |||||||||||
| 2. Tax Base and Rate | |||||||||||
| a. Gasoline and similar substitute oils: 630 won/ liter | |||||||||||
| b. Diesel oil and similar oil products: 363 won/ liter | |||||||||||
| * Flexible rates are specified in the Presidential Decree. Actual rates as of October 1, | |||||||||||
| 2004 are 545 won/l for gasoline, 287 won/l for diesel oil and 277 won/I for ultra low sulfur | |||||||||||
| diesel. | |||||||||||
| 3. Return and Payment | |||||||||||
| a. A person who sells taxable goods or manufactures and transports | |||||||||||
| taxable goods from the manufacturing premises shall file a return which includes the | |||||||||||
| volume and price of transaction, calculated tax amount, amount of unpaid tax or tax | |||||||||||
| exemption, amount of tax credit and refund, tax amount payable, etc., by the end of | |||||||||||
| the following month with the government, and pay one month's tax by the deadline to | |||||||||||
| file the return. | |||||||||||
| b. When a person transports taxable goods out of a bonded area and | |||||||||||
| makes an import declaration, he or she shall be regarded as complying with the | |||||||||||
| obligation to file a return. In that case, he or she should pay the transportation tax | |||||||||||
| along with the customs duties at the time of the import declaration. | |||||||||||
| c. With respect to goods subject to customs duties other than | |||||||||||
| imported goods, the provisions of the Customs Duties Law are applicable mutatis | |||||||||||
| mutandis. | |||||||||||
| 4. Exemption | |||||||||||
| a. Exemption on exportation or supply to the military | |||||||||||
| Goods exported or supplied to foreign military forces stationed in Korea shall be | |||||||||||
| exempt from transportation tax upon application for exemption. | |||||||||||
| (1) | In cases where a taxpayer fails to prove the facts of exportation or the facts of | ||||||||||
| supply to a foreign army within the prescribed period, the transportation tax is | |||||||||||
| charged retroactively. | |||||||||||
| (2) | In cases where the goods exempted under the condition of supply to foreign | ||||||||||
| military forces are transferred or owned by other persons, the transferee or the | |||||||||||
| person who owns the goods is liable to transportation tax. | |||||||||||
| b. Exemption for diplomats: | |||||||||||
| Goods being used for official use by foreign diplomatic offices, etc., are exempt from | |||||||||||
| transportation tax. | |||||||||||
| c. Conditional exemption | |||||||||||
| When the conditions required for exemption are not satisfied, the transportation tax is | |||||||||||
| assessed retroactively. | |||||||||||
| (1) Goods donated by foreign countries for religious services | |||||||||||
| (2) Duty-free goods that are to be re-exported | |||||||||||
| (3) Commodity goods to be used abroad in vessels, deep sea fishing vessels, or | |||||||||||
| aircraft | |||||||||||
| (4) Articles for medical care or manufacture of medical goods, fertilizers, or | |||||||||||
| petro-chemicals | |||||||||||
| d. Unconditional exemption | |||||||||||
| (1) Goods donated to a foreign charity or relief organization | |||||||||||
| (2) Goods donated to the government, state, or local authorities | |||||||||||
| (3) Goods imported by foreign aid or munitions made from such goods | |||||||||||
| (4) Re-imported goods on which the transportation tax was imposed and credit or | |||||||||||
| refund was not granted thereon | |||||||||||
| 5. Tax Credit and Refund | |||||||||||
| a. Tax Credit | |||||||||||
| In cases where goods or raw materials on which the transportation tax was or will be | |||||||||||
| charged, are imported from a bonded area and are directly used for manufacturing | |||||||||||
| or processing of other taxable goods, the tax chargeable is credited against the | |||||||||||
| concerned tax amount payable. | |||||||||||
| b. Refund | |||||||||||
| In cases where goods or raw materials on which the transportation tax was or will be | |||||||||||
| charged fall under one of the following categories, the paid tax amount is refundable | |||||||||||
| or deductible. | |||||||||||
| (1) | Where the taxable goods or their products are exported or supplied to foreign | ||||||||||
| military forces stationed in Korea | |||||||||||
| (2) | Where the taxable goods are made of taxable raw materials | ||||||||||
| (3) Where the taxable goods are returned | |||||||||||
| (4) | Where the taxable goods are used for medical care, for the manufacture of | ||||||||||
| medicines or fertilizers, for aircraft, vessels in foreign navigation, deep sea | |||||||||||
| fishing vessels, or by foreign diplomatic corps or similar organizations | |||||||||||
| c. Miscellaneous Rule | |||||||||||
| (1) Where the transportation tax is collected with respect to the goods, which do not | |||||||||||
| fulfill the conditions for exemption, the tax amount paid or payable on the raw | |||||||||||
| materials of the said goods shall not be credited or refunded. | |||||||||||
| (2) | Tax penalties chargeable on the goods subject to the transportation tax shall not | ||||||||||
| be credited or refunded. | |||||||||||