Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on the Submission and Management of Taxation Data and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Feb. 15, 2013]
Article 2(Scope of institutions subject to submission of taxation data) #
"Institutions or organizations determined by Presidential Decree" in subparagraph 6 of Article 4 of the Act on the Submission and Management of Taxation Data (hereinafter referred to as the "Act") means any of the following institutions or organizations: <Amended on Nov. 20, 2013; Feb. 13, 2018; Feb. 29 2024>
1. The National Health Insurance Corporation under the National Health Insurance Act;
2. The Korea Workers' Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act;
3. The Korea Media Rating Board under the Promotion of the Motion Pictures and Video Products Act, and the Game Product Administration Committee under the Game Industry Promotion Act;
4. The Specialized Credit Financial Business Association under the Specialized Credit Finance Business Act;
5. A federation established pursuant to Article 59 of the Passenger Transport Service Act;
6. A federation established pursuant to Article 50 of the Trucking Transport Business Act;
7. A local bar association under the Attorney-at-Law Act;
8. A local certified judicial scriveners association under the Certified Judicial Scriveners Act;
9. The Korea Customs Brokers Association under the Licensed Customs Broker Act;
10. The Korean Institute of Certified Public Accountants under the Certified Public Accountant Act;
11. The Korea Association of Certified Public Tax Accountants under the Certified Tax Accountant Act;
12. A corporation designated and publicly notified by the Commissioner of the National Tax Service from among corporations incorporated pursuant to Article 32 of the Civil Act which conduct financial settlement affairs;
13. The Korea Financial Investment Association under the Financial Investment Services and Capital Markets Act;
14. The Korea Securities Depository under the Financial Investment Services and Capital Markets Act;
15. The Korea International Cooperation Agency under the Korea International Cooperation Agency Act.
16. The Korea Foundation for International Healthcare under the Korean Foundation for International Healthcare Act;
17. The Republic of Korea National Red Cross under the Organization of the Republic of Korea National Red Cross Act.
18. The Korea Asset Management Corporation established under the Act on the Establishment of Korea Asset Management Corporation;
[This Article Wholly Amended on Feb. 15, 2013]
Article 3(Scope and timing for submission of taxation data) #
The scope of taxation data to be submitted by institutions subject to submitting taxation data under Article 4 of the Act (hereinafter referred to as "institutions subject to submitting taxation data") pursuant to Article 5 of the Act, tax agencies which receive taxation data pursuant to Article 7(1) of the Act, and the timing for submitting the taxation data shall be specified in the Appendix.
[This Article Wholly Amended on Feb. 15, 2013]
Article 4(Submission of taxation data on financial transactions) #
(1) Where the Commissioner of the National Tax Service or the commissioner of a regional tax office requests the head of a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "financial company, etc.") to submit information on financial transactions of a person deemed accused of tax evasion (including a corporation) pursuant to Article 6(1) of the Act, he or she shall clearly state the period of financial transactions for which it is necessary to verify the allegation of tax evasion.
(2) The head of a financial company, etc. who submits information on financial transactions pursuant to Article 6(2) of the Act shall notify, in writing, the relevant trader of the major contents and submission date of the information on financial transactions submitted to the Commissioner of the National Tax Service or the commissioner of a regional tax office, within 10 days from the submission date.
(3) In either of the following cases, the Commissioner of the National Tax Service or the commissioner of a regional tax office may request, in writing, the head of a financial company, etc. who submits information on financial transactions to postpone the notification under paragraph (2) for a period of less than six months, and the head of the financial company, etc. so requested shall comply with such request except in extenuating circumstances:
1. Where it is likely to destroy evidence necessary for verifying the allegation of tax evasion if the submission of information on financial transactions is notified;
2. Where it is likely to hinder or excessively delay the progress of national tax administrative procedures, such as inquiries and investigations, if the submission of the information on financial transactions is notified.
(4) The head of a financial company, etc. who has submitted information on financial transactions pursuant to Article 6(2) of the Act shall record the details of the information in writing.
(5) The records kept under paragraph (4) shall be kept for three years after the submission of the information on financial transactions.
(6) "Minor measures prescribed by Presidential Decree" under Article 6(4) of the Act means warnings issued under Article 376(1)11a or cautions issued under Article 376(1)11b of the Enforcement Decree of the Financial Investment Services and Capital Markets Act. <Added on Feb. 21, 2014>
[This Article Wholly Amended on Feb. 15, 2013]
Article 5(Addition or supplementation of taxation data) #
Where an institution subject to submitting taxation data receives a request from the head of a tax office, the commissioner of a regional tax office, or the Commissioner of the National Tax Service to add or supplement taxation data pursuant to Article 7(3) of the Act, he or she shall comply with such request within 15 days after receipt of the request without good cause.
[This Article Wholly Amended on Feb. 15, 2013]
Article 6(Management of sensitive information and personally identifiable information) #
(1) If it is inevitable to conduct affairs concerning the submission and management of taxation data under the Act and this Decree, tax officials defined in subparagraph 17 of Article 2 of the Framework Act on National Taxes may manage data containing health-related information under Article 23 of the Personal Information Protection Act or resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the same Act, which have been submitted pursuant to Articles 6 through 8 of the Act.
(2) If it is inevitable to submit taxation data pursuant to Articles 6 through 8 of the Act, the heads of institutions subject to submitting taxation data may manage data containing personal information under paragraph (1).
[This Article Added on Jan. 6, 2012]
Article 7 #
Deleted. <Feb. 4, 2009>