Article 9(Tax Rates and Amounts of Tax) #
(1) The amount of comprehensive real estate holding tax on housing shall be the amount calculated by multiplying the tax base by the following applicable tax rate (hereinafter referred to as "amount of comprehensive real estate holding tax on housing") based on the number of houses owned by a taxpayer as follows: <Amended on Dec. 31, 2018, Aug. 18, 2020; Dec. 31, 2022>
1. Where a taxpayer owns less than two houses
2. Where a taxpayer owns more than three houses
(2) Where a taxpayer is a corporation or an organization deemed a corporation, notwithstanding paragraph (1), the amount of comprehensive real estate holding tax on housing shall be the amount calculated by multiplying the tax base by the following applicable tax rate: <Newly Inserted on Aug. 18, 2020; Dec. 29, 2020; Dec. 31, 2022; Apr. 18, 2023>
1. In cases where a public service corporation, etc. defined in Article 16 of the Inheritance Tax and Gift Tax Act (hereafter in this Article, referred to as a “public service corporation, etc.”) owns only houses directly used for its public service projects and cases prescribed by Presidential Decree in consideration of the characteristics of the projects, such as public housing project operators, etc. under Article 4 of the Special Act on Public Housing: The tax rates falling under paragraph (1) 1;
2. A public service corporation, etc. that does not fall under subparagraph 1: The tax rates falling under the subparagraph of paragraph (1);
3. Cases other than subparagraphs 1 and 2: The following tax rates:
(a) In cases of owning not more than two houses: 27/1,000;
(b) in cases of owning more than three houses: 50/1,000.
(3) In calculating the tax base on housing, the amount of property taxes levied on the relevant taxable housing (where a tax rate increased or decreased under Article 111 (3) of the Local Tax Act is applied, referring to the amount of tax to which such tax rate applies; and where ceilings of tax burden apply under Article 122 of the same Act, referring to the amount of tax to which such upper ceilings apply) shall be deducted from the amount of comprehensive real estate holding tax on the housing. <Newly Inserted on Dec. 31, 2005; Dec. 26, 2008; Mar. 31, 2010>
(4) In calculating the amount of comprehensive real estate holding tax on housing, matters necessary concerning the calculation of the number of houses and tax credits, etc. for the property tax on housing shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 7836, Dec. 31, 2005; Dec. 31, 2018; Jun. 9, 2020>
(5) When a taxpayer of comprehensive real estate holding tax on housing is one homeowner in one household, the amount of such comprehensive real estate holding tax on housing shall be the amount which remains after deducting tax credits granted to one homeowner in one household under paragraphs (6) through (9) from the amount of tax calculated under paragraphs (1), (3), and (4). In such cases, paragraphs (6) through (9) may apply concurrently, within the scope of 80/100 of the total deduction rates. <Newly Inserted on Dec. 26, 2008>
(6) A tax credit for one homeowner in one household who is above the age of 60 as at the date of taxation shall be determined by multiplying the amount of tax calculated under paragraphs (1), (3), and (4) by the following deduction rate under each age category: <Newly Inserted on Dec. 26, 2008; May 27, 2009; Aug. 18, 2020; Sep. 15, 2022>
(7) Where a person above the age of 60 who is one homeowner in one household falls under any subparagraph of Article 8 (4) as at the date of taxation, notwithstanding paragraph (6), the tax credit for one homeowner in one household shall be determined by multiplying the amount calculated by subtracting the following calculated tax (referring to the amount calculated in proportion to the aggregate of publicly notified prices) from the amount of tax calculated under paragraphs (1), (3), and (4) by the deduction rate under each age category based on the table under paragraph (6) under each age category: <Amended on Sep. 15, 2022>
1. In cases falling under Article 8 (4) 1: The calculated tax for the appurtenant land of a house (where owners for a house and an appurtenant land thereto are different persons, referring to the appurtenant land);
2. In cases falling under Article 8 (4) 2: The calculated tax for the substitute housing before transferring one house;
3. In cases falling under Article 8 (4) 3: The calculated tax for the inherited house;
4. In cases falling under Article 8 (4) 4: The calculated tax for the low-priced house in a local area.
(8) A tax credit for a person who has held the relevant housing as one homeowner in one household for at least five years as at the date of taxation shall be determined by multiplying the amount of tax calculated under paragraphs (1), (3), and (4) by the following deduction rate depending on the period of holding: <Newly Inserted on Sep. 15, 2022>
(9) Where a person who has held the relevant house as one homeowner in one household for at least five years as at the date of taxation falls under any of the subparagraphs of Article 8 (4), notwithstanding paragraph (8), the tax credit for one homeowner in one household shall be determined by multiplying the amount by subtracting the calculated tax falling under the subparagraphs of paragraph (7) (referring to the amount calculated in proportion to the aggregate of the publicly notified prices) from the amount of tax calculated under paragraphs (1), (3), and (4) by the deducting rate depending on the period of holding specified in the table under paragraph (8). <Newly Inserted on Sep. 15, 2022>
[Amended by Act No. 9273 promulgated on December 26, 2008 following the decision of inconsistency with the Constitution by the Constitutional Court]