Article 1(Purpose) #
The purpose of this Act is to contribute to facilitating the raising of financial revenue by imposing appropriate taxation on the transfer of share certificates or portions.
[This Article Newly Inserted on Dec. 29, 2015]
[Previous Article 1 moved to Article 2 <Dec. 29, 2015>]
Article 1-2(Definitions) #
(1) The term "share certificate" in this Act means the following:
1. A share certificate of a corporation established under the Commercial Act or other special Acts;
2. A share certificate which is issued by a foreign corporation and listed on the securities market referred to in Article 8-2 (4) 1 of the Financial Investment Services and Capital Markets Act (hereinafter referred to as “securities market”).
(2) The term "portion" in this Act means a certain share of a partner or member of an unlimited partnership, limited partnership, limited liability company, and limited company established pursuant to the Commercial Act.
(3) The term "transfer" in this Act means that the ownership is transferred at a cost by contract or legal causes.
(4) Stocks electronically registered under the Act on Electronic Registration of Stocks and Bonds shares of which the certificates have yet to be issued, rights acquired by subscribing for the shares, preemptive rights, certificates of contribution issued by a corporation which is established under a special Act, and securities depository receipts under Article 4 (8) of the Financial Investment Services and Capital Markets Act (limited to those issued by a person to whom equity securities are deposited pursuant to Article 4 (2) 2 of the that Act) shall be construed as share certificates in the application of the provisions of this Act. <Amended on Mar. 22, 2016>
(5) In applying this Act, the terms of a resident, non-resident, domestic corporation, foreign corporation, domestic business place of a non-resident and foreign corporation, shall have the same meaning as those used in the Income Tax Act and the Corporate Tax Act.
[This Article Wholly Amended on Dec. 29, 2015]
[Moved from Article 2 <Dec. 29, 2015>]
Article 2(Taxable Objects) #
The securities transaction tax shall be imposed on the transfer of share certificates or portions (hereinafter referred to as "share certificates, etc.") under this Act: Provided, That where the transfer of share certificates, etc. falls under any of the following cases, no securities transaction tax shall be levied:
1. Where share certificates, etc. listed on a foreign market (limited to the market prescribed by Presidential Decree; hereafter referred to as "foreign securities market" in this Article), which is similar to the securities market, are transferred;
2. Where share certificates, etc. are transferred to the underwriters (referring to the underwriters defined in Article 9 (12) of the Financial Investment Services and Capital Markets Act; hereinafter the same shall apply) in order to list such share certificates, etc. on the foreign securities market;
3. Where a Exchange, which is permitted as Exchange under the Financial Investment Services and Capital Markets Act and designated by the Financial Services Commission (hereinafter referred to as “designated Exchange”), transfers share certificates, etc. in the course of performing its duty of debt acquisition pursuant to Article 377 (1) 3 of that Act.
[This Article Wholly Amended on Dec. 29, 2015]
[Moved from Article 1; previous Article 2 moved to Article 1-2 <Dec. 29, 2015>]
Article 3(Taxpayer) #
Any of the following persons shall be the taxpayer of securities transaction tax: <Amended on Mar. 22, 2016>
1. An electronic registry under subparagraph 6 of Article 2 of the Act on Electronic Registration of Stocks and Bonds (hereinafter referred to as “electronic registry”) or the Korea Securities Depository established under Article 294 of the Financial Investment Services and Capital Markets Act, where transaction of any of the following types of share certificates is settled by transfer between accounts:
(a) Share certificates transferred in the securities market;
(b) Share certificates transferred outside the securities market by a method prescribed by Presidential Decree;
2. The relevant financial investment business entity, where share certificates, etc. are transferred through a financial investment business entity under Article 8 (1) of the Financial Investment Services and Capital Markets Act (hereinafter "financial investment business operator") in addition to the cases specified in subparagraph 1;
3. The transferor of the relevant share certificates, etc., where share certificates, etc. are transferred by means of other than those provided in subparagraphs 1 and 2: Provided, That where a non-resident or foreign corporation that does not have any domestic business place in Korea transfers share certificates, etc., not through any financial investment business entity, the transferee of such share certificates, etc. shall be the taxpayer.
[This Article Wholly Amended on Dec. 29, 2015]
Article 4(Place of Tax Payment) #
(1) The place where the securities transaction tax is to be paid shall be as follows:
1. The location of each business place of the relevant taxpayer, in cases referred to in subparagraphs 1 and 2 of Article 3: Provided, That the location of the head office or principal offices may be the place of tax payment for the securities transaction tax in cases prescribed by Presidential Decree;
2. The following classifications, in cases referred to in subparagraph 3 of Article 3:
(a) If the taxpayer is a resident, his or her domicile: Provided, That if he or she has no domicile, it shall be his or her residence;
(b) If the taxpayer is a domestic corporation, the location of its head or principal office recorded in the register;
(c) If the taxpayer is a non-resident or foreign corporation and has a domestic business place, the location of its domestic business place (if there are two or more domestic business places, the principal one);
(d) If the taxpayer is a non-resident or foreign corporation and has no domestic business place, the location of the head or principal office of the corporation that has issued the share certificate, etc. subject to the securities transaction taxation.
(2) If the place of tax payment is not clear, it shall be determined by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2015]
Article 5(Time of Transfer) #
(1) In applying this Act, the time for transfer of a share certificates, etc. shall be the time when the relevant transactions are settled.
(2) Matters necessary for settlement of transactions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2015]
Article 6(Non-Taxable Transfer) #
No securities transaction tax shall be levied in any of the following cases:
1. Where the State or local government transfers the share certificates, etc.: Provided, That the foregoing shall not apply to cases of transferring share certificates, etc. acquired from the fund which is established pursuant to Acts prescribed in attached Table 2 of the National Finance Act and whose management entity is the head of a central administrative agency, and to cases where an agency in overall charge of postal services under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Management of Postal Services transfers share certificates, etc.;
2. Where public offering of outstanding share certificates are made under Article 119 of the Financial Investment Services and Capital Markets Act (including cases where the underwriter underwrites share certificates, for which the total number of subscription falls short of the total number of share certificates intended for public offering);
3. Where share certificates, etc. determined by Presidential Decree, other than cases referred to in subparagraphs 1 and 2, are transferred.
[This Article Wholly Amended on Dec. 29, 2015]
Article 7(Tax Base) #
(1) The tax base of the securities transaction tax shall be classified as follows: <Amended on Dec. 22, 2020>
1. The sum of the transfer value of relevant share certificates, where the share certificates referred to in each item of subparagraph 1 of Article 3 are transferred;
2. The value of the following classifications, where the share certificates, etc. other than those provided in subparagraph 1 are transferred:
(a) Where the transferred values of share certificates, etc. are known: the transferred values of relevant share certificates, etc.: Provided, That in any of the following cases, the values prescribed as follows shall apply:
(i) The relevant market value in cases where acknowledged that the share certificates, etc. have been transferred at a price lower than the market value under Article 101 of the Income Tax Act, Article 52 of the Corporate Tax Act, or Article 35 of the Inheritance Tax and Gift Tax Act (except the cases where the provisions of Article 7 of the Adjustment of International Taxes Act shall apply);
(ii) The normal value in cases where acknowledged that the share certificates, etc. have been transferred at a price lower than the normal value under Article 126 of the Income Tax Act, Article 92 of the Corporate Tax Act, or Article 7 of the Adjustment of International Taxes Act;
(b) Where the transferred values of share certificates, etc. are unknown: The value assessed by means of the assessment of transferred values prescribed by Presidential Decree.
(2) Matters necessary for computing the market price and normal price in applying of the provisions of paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2015]
Article 8(Tax Rate) #
(1) The tax rate of the securities transaction tax shall be 35/10,000: Provided, That the tax rate of the securities transaction tax shall be 43/10,000 from January 1, 2021 to December 31, 2022. <Amended on Dec. 22, 2020>
(2) If deemed urgently needed to support the development of the capital market, the tax rate referred to in paragraph (1) may be reduced or set at zero percent, by type, only among the share certificates traded on the securities market as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2015]
Article 9(Transaction Collection) #
(1) Any taxpayer under subparagraphs 1 and 2 of Article 3 and the proviso to subparagraph 3 of the said Article shall collect from the transferor of the share certificates, etc. the securities transaction tax, which is calculated by applying the tax rate prescribed in Article 8 to the tax base prescribed in Article 7, when transaction of share certificates, etc. is settled, or when share certificates, etc. are transferred.
(2) Where transactions of share certificates, etc. have been concluded in the securities market, the designated Exchange shall notify an electronic registry by the day after the trading day of the matters prescribed by Presidential Decree, such as the stock name, quantity, price per share, trading amount, trading date, transferor's account number, and information to categorize the investors of share certificates for each transfer, so that the electronic registry can determine the tax base under paragraph (1). <Amended on Mar. 22, 2016; Jan. 6, 2022>
[This Article Wholly Amended on Dec. 29, 2015]
Article 9-2(Submission of Details of Transfer between Securities Accounts) #
Where a taxpayer falling under subparagraph 3 of Article 3 transfers share certificates, etc. via the securities account under the control of a financial investment business entity, the financial investment business entity shall submit the details of transfer, etc. between the securities accounts of the relevant transaction to the head of the competent tax office within two months from the last day of the quarter to which the transfer date belongs. In such cases, necessary matters, such as the details of transfer, shall be determined by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2015]
Article 10(Tax Return, Payment and Refund) #
(1) A taxpayer of securities transaction tax shall file a return of tax base and tax amount according to the following classifications with the head of a competent tax office as prescribed by Presidential Decree: <Amended on Dec. 19, 2017>
1. To file a return of tax base and tax amount of each month by tenth of the next month in cases referred to in subparagraphs 1 and 2 of Article 3;
2. To file a return of tax base and tax amount of each half year within two months from the last day of the half year to which the transfer date belongs in cases referred to in subparagraph 3 of Article 3.
(2) The taxpayer shall pay to the tax office having jurisdiction over the tax payment place, the Bank of Korea (including its agents) or the postal offices the securities transaction tax for the relevant month or for the relevant half year as prescribed by Presidential Decree, while he or she files a return as provided in the subparagraphs of paragraph (1). <Amended on Dec. 19, 2017>
(3) Where there exists any excessive or wrong payment in the securities transaction tax paid under paragraph (2) by the taxpayer specified in subparagraph 1 of Article 3, so the refund is to be made to the transferor of the share certificates, etc., it may be refunded by adjusting the securities transaction tax amount to be paid by the relevant taxpayer through transaction collection.
(4) Matters necessary for the requirements, etc. of the refund under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2015]
Article 10-2(Consolidated Tax Return and Payment at Main Office) #
Where a taxpayer of securities transaction tax is a per-business unit taxable entrepreneur under the latter part of Article 8 (3) of the Value-Added Tax Act, he or she may file a return and pay en masse at the main office or principal place of business, notwithstanding Article 4 (1) 1, and Article 10 (1) and (2).
[This Article Wholly Amended on Dec. 29, 2015]
Article 11(Adjustment) #
(1) If no return is made on the tax base and tax amount under Article 10, or any error or omission is found in the contents of return, the head of a competent tax office may investigate such tax base and tax amount, and determine or adjust both of them.
(2) In making a decision or adjustment under paragraph (1), it shall be based on books and other documentary evidence: Provided, That if it is not possible to be based upon books or other documentary evidence and it is prescribed by Presidential Decree, such decision or adjustment may be based on the estimation.
(3) If an error or omission is discovered in the tax base and tax amount decided or adjusted under paragraphs (1) and (2), the head of a competent tax office shall readjust it immediately.
[This Article Wholly Amended on Dec. 29, 2015]
Article 12(Occasional Imposition) #
Notwithstanding the provisions of Article 10, when a taxpayer suspends or discontinues his or her business, or when it is deemed that he or she might evade the securities transaction tax, the head of a competent tax office may investigate and decide his or her tax base and tax amount at any time. In such cases, Article 11 (2) shall apply mutatis mutandis.
[This Article Wholly Amended on Dec. 29, 2015]
Article 13(Collection) #
If a taxpayer for the securities transaction tax fails to pay the tax amount, or pays less than the amount for which a tax return was filed earlier, the head of a competent tax office shall collect the unpaid or insufficient tax amount, and if a decision, adjustment, or occasional imposition is made under Article 11 or 12, the payable tax amount.
[This Article Wholly Amended on Dec. 29, 2015]
Article 14 #
Deleted. <Dec. 30, 2006>
Article 15(Keeping of and Entry into Books) #
(1) A corporation who is a taxpayer for the securities transaction tax shall keep books relating to its business, and record thereon the type, quantity, transaction amount of share certificate, etc. and other matters prescribed by Presidential Decree.
(2) Books referred to in paragraph (1) shall be preserved for five years from the date on which the tax return is filed.
[This Article Wholly Amended on Dec. 29, 2015]
Article 16(Matters to be Ordered) #
Where deemed necessary for assuring the payment of the securities transaction tax, the Government may order any taxpayer and financial investment business entity to observe matters necessary to keep control over transactions (including transfers corresponding to the provisions of Article 9-2), non-taxable transfers, etc. of share certificates, etc. as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 29, 2015]
Article 17(Question and Inspection) #
Any tax official, who is engaged in affairs concerning the securities transaction tax, may ask a taxpayer and his or her counterpart of the transaction regarding the matters in relation to the securities transaction tax, or inspect books, documents or other things pertaining to his or her affairs. In such cases, he or she shall not abuse his or her authority for any purposes, etc. out of the scope necessary for performing his or her duties. <Amended on Dec. 31, 2018>
[This Article Wholly Amended on Dec. 29, 2015]
Article 18 #
Deleted. <Aug. 14, 1996>