Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Special Rural Development Tax and matters for the enforcement thereof. <Amended on Dec. 31, 2005>
Article 2(Definitions) #
The definitions of terms used in this Decree shall be as prescribed in the Act on Special Rural Development Tax (hereinafter referred to as the "Act"). <Amended on Dec. 31, 2005>
Article 3 #
Deleted. <Dec. 31, 1994>
Article 4(Non-taxation) #
(1) In subparagraph 2 of Article 4 of the Act, "those prescribed by Presidential Decree" means any of the following reductions or exemptions: <Amended on Dec. 23, 1994; Dec. 31, 1994; Dec. 30, 1995; Oct. 1, 1997; Dec. 31, 1997; Dec. 31, 1998; Dec. 31, 1999; Dec. 29, 2000; Dec. 31, 2001; Dec. 30, 2002; Dec. 30, 2003; Dec. 31, 2005; Feb. 29, 2008; Sept. 20, 2010; Dec. 30, 2010; Mar. 23, 2013; Nov. 19, 2014; Feb. 27, 2015; Feb. 5, 2016; July 26, 2017; Feb. 12, 2019; Feb. 28, 2025>
1. Tax reduction or exemption under Articles 66 through 70; Article 72 (1) (excluding corporations specified in subparagraphs 1, 5, and 8); Article 77 [limited to land directly cultivated by a resident under the main clause of Article 69 (1) of Act on Restriction on Special Cases concerning Taxation (the requirement of cultivation for at least 8 years shall not apply)]; and Articles 102 and 104-2 of that Act; and under Article 57-3 (1) 2 (limited to property acquired by a cooperative under the Agricultural Cooperatives Act) and subparagraph 3 of that paragraph (limited to property acquired by a cooperative under the Fisheries Cooperatives Act) of the Act on Restriction on Special Cases concerning Local Taxation;
2. Tax reduction or exemption under subparagraph 1 of Article 93 of the Customs Act;
3. Tax reduction or exemption under Article 6 (1), (2), (4) Articles 7 through 9, Articles 10 (1), 11, 12, 14 (1) through (3), and Article 14-3 of the Act on Restriction on Special Cases concerning Local Taxation;
4. Local tax reductions under Municipal Ordinance as prescribed in Article 4 of the Act on Restriction on Special Cases concerning Local Taxation that are similar to subparagraphs 1 through 3 and are publicly notified by the Minister of the Interior and Safety, in consultation with the Minister of Economy and Finance;
(2) In subparagraph 6 of Article 4 of the Act, "Reduction or exemption... as prescribed by Presidential Decree" means reductions or exemptions under Articles 88 and 92, subparagraphs 4 through 7 and 9 through 14 of Article 93, Articles 94, and 96 through 101 of the Customs Act. <Amended on Dec. 30, 2010>
(3) In the proviso of subparagraph 7 of Article 4 of the Act, "securities market prescribed by Presidential Decree" means the securities market under Article 176-9 (1) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act. <Added on Feb. 15, 2022>
(4) In subparagraph 8 of Article 4 of the Act, "those prescribed by Presidential Decree" means tax reductions or exemptions under Articles 4 (4), 57-2 (2) and (6), Article 66 (1) and (2), Article 68 (1) and (3) (limited to used motor vehicles acquired for export by persons engaged in trade as prescribed in the Foreign Trade Act), Articles 73 (3), 74 (4) and (5), and 92 of the Act on Restriction on Special Cases concerning Local Taxation, and under Article 9 (3) through (5), Article 15 (1) 1 through 4, 7, and Article 26 (2) 1 and 2 of the Local Tax Act. <Amended Dec. 30, 2010; Feb. 2, 2012; Feb. 27, 2015; Dec. 1, 2016; Feb. 12, 2019; Jan. 15, 2020; Feb. 15, 2022>
(5) In subparagraphs 9 and 11 of Article 4 of the Act, the term "housing owned by low-income residents prescribed by Presidential Decree" means a residential building not exceeding the national housing scale under subparagraph 6 of Article 2 of the Housing Act (in the case of multi-household housing under subparagraph 1 (c) of Appendix 1 to the Enforcement Decree of the Building Act, based on the exclusive use area per household), together with the land appurtenant thereto (including land acquired, developed, or supplied for the construction of such housing by the State, a local government, or the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act); and "land appurtenant thereto" means land within the area calculated by multiplying the floor area of the house (in the case of apartment houses, row houses, and other multi-family housing, meaning the floor area of the portion demarcated for independent use by one household) by the applicable ratio for each category of special-purpose area as set forth in the following Table. <Amended on Feb. 2, 2012; Aug. 11, 2016; Feb. 15, 2022>
┌────┬─────────────┬────┐
│ Classification │ Special purpose zone │ Applicable ratio │
├────┼─────────────┼────┤
│ Special purpose area │ 1. Exclusive residential area │ 5 times │
│ │ 2. Commercial area/semi-residential area │ 3 times │
│ │3. General sesidential anrea/industrial area │4 times │
│ │4. Green space │7 times │
│ │5. Special purpose zone other than urban areas │4 times │
├────┴─────────────┼────┤
│ Special purpose zone other than urban areas │ 7 times │
└───────────────────────────────────┴────────┘
(6) In subparagraph 11 of Article 4 of the Act, "farming houses prescribed by Presidential Decree" means residential buildings owned for farming purposes by a person engaged in farming and the land appurtenant thereto, which is located in the same Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same in this paragraph) as the farmland or in a Si/Gun/Gu adjacent thereto; provided, a high-priced house under Article 156 of the Enforcement Decree of the Income Tax Act shall be excluded. <Amended on Dec. 29, 2000; Dec. 31, 2005; Dec. 30, 2010; Feb. 27, 2015; Feb. 15, 2022>
(7) In subparagraph 12 of Article 4 of the Act, "as prescribed by Presidential Decree" means the reductions or exemptions specified in the following subparagraphs: <Amended on Dec. 23, 1994; Dec. 31, 1994; Dec. 30, 1995; Aug. 30, 1997; Oct. 1, 1997; Dec. 31, 1997; Dec. 31, 1998; Oct. 30, 1999; Dec. 31, 1999; Oct. 21, 2000; Dec. 29, 2000; Aug. 14, 2001; Dec. 31, 2001; Apr. 20, 2002; Dec. 30, 2002; Dec. 31, 2004; Jan. 5, 2005; Dec. 31, 2005; Feb. 9, 2006; Feb. 29, 2008; Feb. 4, 2009; Apr. 21, 2009; Jun. 9, 2009; Dec. 15, 2009; Feb. 18, 2010; Jun. 8, 2010; Jul. 9, 2010; Sep. 20, 2010; Dec. 30, 2010; Jul. 14, 2011; Feb. 2, 2012; May 22, 2012; Mar. 23, 2013; Oct. 22, 2013; Feb. 21, 2014; Nov. 19, 2014; Feb. 27, 2015; Dec. 31, 2015; Feb. 5, 2016; Dec. 1, 2016; Dec. 30, 2016; Jun. 27, 2017; Jul. 26, 2017; Feb. 27, 2018; Dec. 31, 2018; Feb. 12, 2019; Jan. 15, 2020; Feb. 11, 2020; Apr. 14, 2020; Feb. 17, 2021; Feb. 15, 2022; Feb. 17, 2022; Feb. 28, 2023; Mar. 14, 2023; Feb. 29, 2024; Feb. 28, 2025>
1. Reductions or exemptions under Articles 10, 10-2, 12, 12-2, 13, 14, 16-2, 18, 18-2, 18-3, 19 (2), 29-6, 30, 30-3, 33, 63, 63-2, 64, 76 (1), 92, 95-2, 98-3, 98-5, 99-9, 99-11, 104-8 (1) and (3), 104-21, 104-24, 104-28, 104-31, 118-2, 121-2 through 121-4, 121-13, 126-2, 126-6, and 126-7 (9) of the Act on Restriction on Special Cases concerning Taxation;
1-2. Reduction or exemption of acquisition tax, or of registration and license tax on registration, with respect to State property contributed in kind to the Korea Railroad Corporation established under the Korea Railroad Corporation Act;
1-3. Deleted; <Dec. 30, 2014>
1-4. Reductions or exemptions under Article 57-2 (3) 1 of the Act on Restriction on Special Cases concerning Local Taxation, with respect to the Korea Broadcast Advertising Corporation established pursuant to Article 24 of the Act on Broadcast Advertising Sales Agencies;
1-5. Deleted; <Dec. 30, 2014>
1-6. Reduction or exemption under Article 57-2 (5) 3 of the Act on Restriction on Special Cases concerning Local Taxation for the NongHyup Agribusiness Group or NongHyup Financial Group established under Article 161-2 or 161-10 of the Agricultural Cooperatives Act;
1-7. Reductions or exemptions under Article 57-2 (3) 3 of the Act on Restriction on Special Cases concerning Local Taxation, in cases where, pursuant to Article 6 of the Addenda of the Agricultural Cooperatives Act, partially amended by Act No. 10522, NongHyup Agribusiness Group receives the economic business by contribution in kind from the National Agricultural Cooperative Federation;
2. Exemption from acquisition tax under Article 13 (2) 5 and Article 57-3 (2) of the Act on Restriction on Special Cases concerning Local Taxation, where former properties are purchased pursuant to Article 43 of the Special Act on the Construction and Development of Innovation Cities by the Korea Asset Management Corporation established under the Act on the Establishment of Korean Asset Management Corporation or by the Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act;
3. Reductions or exemptions of income tax on interest income from deposits in cooperatives, etc. under Article 89-3 of the Act on Restriction on Special Cases concerning Taxation:
a. Farmers and fishermen defined in Article 2 (1) of the Enforcement Decree of the Act on Raising Lump-Sum Saving of Farming and Fishing Household;
b. A forestry business operator under Article 2 of the Enforcement Decree of the Forestry Cooperatives Act; provided, a person who owns a forest area of 5 hectares or more shall be excluded;
c. A worker defined in Article 2 (1) 1 and 2 of the Enforcement Decree of the Korea Housing Finance Corporation Act;
4. Reductions or exemptions under Article 90 (1) 2 through 4, Article 91, and subparagraphs 2, 3, and 15 of Article 93 of the Customs Act;
5. Reductions or exemptions under Article 9 (2) of the Local Tax Act; and under Articles 13 (2) 1-2, 15 (2), 16 (1), 17, 17-2, 19, 20, 21 (1), 22 (1), (4), (7), and (8), Articles 22-2 (1) and (2), 22-3, 23, 28 (1), 29, 30 (3), 31 (1) and (2), 31-3 (1) and (2), 31-4, 33 (1) and (2), 34, 36, 37, 38 (1), 40, 40-3, 41 (1), (5), and (7), 42 (2) and (3), 43 (1), 44 (1), (2) 1, and (3), Articles 44-2, 45 (1), (2) 1, Articles 46, 50 (1), 52 (1) and (2), 53, 54 (5), 57-2 (1) (limited to cases of mergers where no gains or losses on transfer arise by meeting the requirements specified in each subparagraph of Article 44 (2) of the Corporate Tax Act or by falling under Article 44 (3) thereof), Article 57-2 (3) 2 and (9), Articles 58-2, 60 (4), 63, 64 (1), 66 (3) and (4), 67 (1) and (2), 72 (1), 73 (1), 73-2, 74 (3), 74-2 (1), 76 (1), 79, 80, 81 (1) and (2), 83 (1) and (2), 85 (1), 85-2, 88, 89, and 90 (1) of the Act on Restriction on Special Cases concerning Local Taxation;
6. Reductions or exemptions of local taxes under Municipal Ordinances prescribed in Article 4 of the Act on Restriction on Special Cases concerning Local Taxation that are similar to those under subparagraphs 1 through 5 and are publicly notified by the Minister of the Interior and Safety, in consultation with the Minister of Economy and Finance.
(8) Where transitional measures or special cases under Articles 13 through 19 of the Addenda to the Act on Regulation of Tax Reduction and Exemption, partially amended by Act No. 4666, apply to the provisions of that Act which provide a reduction or exemption of the same purport as the relevant provision of the Restriction of Special Taxation Act designated by the Act or this Decree as not subject to the special rural development tax, the special rural development tax shall not be imposed on such transitional measures or special cases. <Amended on Dec. 31, 1998; Dec. 31, 2005; Feb. 15, 2022>
Article 5(Calculation of tax base) #
(1) In the "tax base" column under Article 5 (1) 5 of the Act, "securities market prescribed by Presidential Decree" means the securities market under Article 176-9 (1) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act. <Added on Aug. 27, 2013>
(2) In Article 5 (3) of the Act, "the tax amount calculated as prescribed by Presidential Decree" means the amount calculated by the following formula: <Amended on Dec. 30, 2010; Aug. 27, 2013>
(Amount of tax calculated by including non-taxable income and income-deduction amounts in the tax base) ? (Amount of tax calculated by excluding non-taxable income and income-deduction amounts from the tax base)
(3) The special rural development tax, the principal tax of which is the individual consumption tax or the securities transaction tax, shall not be included in the tax base under the Individual Consumption Tax Act or the Securities Transaction Tax Act. <Amended on Dec. 31, 2005; Dec. 31, 2007; Aug. 27, 2013>
(4) When a surcharge is added to the basic tax due to non-payment of the basic tax, the amount of the surcharge shall not be included in the tax base for the special rural development tax. <Amended on Aug. 27, 2013>
(5) In calculating the tax base of the special rural development tax for which the individual consumption tax is the principal tax, where articles subject to the special rural development tax are used as raw materials to manufacture or process other articles, the tax base shall be the calculated amount of individual consumption tax on the manufactured or processed articles less the individual consumption tax paid on the raw materials. <Amended on Dec. 31, 2007; Aug. 27, 2013>
Article 6(Reporting and payment) #
(1) When filing a return and paying the special rural development tax pursuant to Article 7 of the Act, the taxpayer shall state, on the return and payment form for the principal tax concerned, the amount of the principal tax, the amount of the special rural development tax, and the aggregate of those amounts, respectively.
(2) Where a revised return is filed or an additional voluntary payment is made for the special rural development tax pursuant to Articles 45 and 46 of the Framework Act on National Taxes, the due date for the corrected return, the method of payment, and any reduction of additional tax, etc. shall be governed by the provisions applicable to the principal tax concerned. <Amended on Dec. 31, 2005>
Article 7(Imposition and collection) #
(1) When imposing and collecting the special rural development tax pursuant to Article 8 of the Act, the tax payment notice for the principal tax concerned shall state, respectively, the amount of the principal tax, the amount of the special rural development tax, and the aggregate of those amounts.
(2) The head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Si/Gu") or the head of a tax office shall, where only the special rural development tax is the subject of a tax notice, indicate on the notice the tax base for the special rural development tax.
Article 8(Installment) #
Payment by installments of the special rural development tax pursuant to Article 9 (2) of the Act may be made, within the installment period applicable to the principal tax concerned, in accordance with the following subparagraphs:
1. Where the amount of the special rural development tax is not more than 10 million won, the portion exceeding 5 million won;
2. Where the amount of the special rural development tax exceeds 10 million won, an amount not exceeding 50 percent of the tax amount.
Article 9 #
Deleted. <Feb. 21, 2014>
Article 10(Delivery to national treasury) #
(1) The special rural development tax collected by the head of a Si/Gun shall be paid to the Bank of Korea (including the national treasury agencies; hereafter the same shall apply in this Article) or the postal service office, accompanied by the payment slip, in accordance with procedures separately prescribed by the Minister of Economy and Finance in consultation with the Minister of the Interior and Safety. <Amended on Nov. 30, 1995; Dec. 31, 1998; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) Where the special rural development tax is received by the treasury of a local government or its receiving agent, a notice of receipt shall be sent to the head of a Si/Gun, and the collected special rural development tax shall be deposited directly into the national treasury.
(3) Article 24 (1) of the Enforcement Decree of the Local Tax Collection Act shall apply mutatis mutandis to the special rural development tax imposed on the amount of local taxes. <Amended on Dec. 31, 2005; Sept. 20, 2010; Mar. 27, 2017>
Article 11(Refund) #
(1) Where the head of a Si/Gun refunds the special rural development tax pursuant to the provisions of Article 12 of the Act, the amount equivalent to the refundable tax shall be covered from the revenue of the Si/Gun. (1) Where the head of a Si/Gun refunds the special rural development tax pursuant to Article 12 of the Act, the amount equivalent to the refundable tax amount shall be covered from the revenues of the Si/Gun.
Article 12(Reporting on imposition and collection status) #
The head of a Si/Gun shall prepare and submit a monthly report to the Minister of Economy and Finance regarding the imposition and collection results of the special rural development tax. <Amended on Dec. 23, 1994; Dec. 31, 1998; Feb. 29, 2008>