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[Local Tax] Heavy Taxation Rules on the Establishment of Corporation in the Over-concentration Control Region
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2016-10-07
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Heavy Taxation Rules of Acquisition and Registration Tax

on the Establishment of Corporation

in the Over-concentration Control Region (Large City)

 

 

. Overview 

The heavy taxation is to be applied on the establishment of corporation in the over-concentration control region for the purpose of preventing excessive concentration into the large cities and to contributing to balanced development between regions by Local Tax Law in Korea.  

The heavy taxation rules of the acquisition and registration tax on the establishment of the corporation in the over-concentration control region (large city) in Korea will be reviewed as below.

  

. Definition 

1. The Concept of ‘Over-concentration Control Region' and ‘Large City' under the Local Tax Law 

 

(1) The Concept of ‘Over-concentration Control Region'    

The concept of ‘over-concentration control region' refers the definition described in the Article 6 of the Seoul Metropolitan Area Readjustment Planning Act.

   

Article 6 of Seoul Metropolitan Area Readjustment Planning Act

   

① For the sake of appropriate dispersion of population and industries within the Seoul Metropolitan area, the Seoul Metropolitan area shall be classified as follows.

 

Classification

Description

Over-concentration Control Region

The area in which population and industries are, or are likely to be, excessively concentrated, that transfer out of which, or readjustment of which, is deemed necessary

Growth Management Region

The area into which shall be intentionally solicited the population and industries transferring out of the overconcentration control region, and for which proper management of the accommodation of industries and of urban development is required

Nature Preservation Region

The area in which preservation of the natural environment, such as the water of the Han River system and green belt areas, is required

 

 

(2) The Concept of ‘Large City'  

The concept of ‘large city' refers the ‘over-concentration control Region' as described in the Local Tax Act excluding an Industrial Complex.

(the ‘Industrial Complex' refers the ‘Industrial Complex' as described in the Industrial Cluster Development and Factory Establishment Act)

    

.  Summary of Relevant Regulations

 

1. Acquisition Tax 

(1) Heavy Taxation on Acquisition, etc. of Real Estate for Business Purposes in Over-Concentration Control Region 

1) [Corporation] Acquisition of real estate for business purposes of the head or main office (limited to new construction or extension of a building for the head or main office) and land annexed thereto in over-concentration control region

 

2) [Corporation/Individual] Acquisition of any object of taxation for business purpose acquired in order to newly build or extend a factory in an over-concentration control region (excluding an industrial complex, a promotional zone and an industrial area)

- New construction or extension of a building for factory and land annexed thereto

- Vehicles and mechanical equipment acquired within 5 years from the date of the new construction or extension of a building for factory

 

Heavy Tax Rate:  Standard Rate + 2% * 2

 

(2) Heavy Taxation on Acquisition of Real Estate in Large Cities 

1) [Corporation] Acquisition with five years upon the establishment of corporation (including establishment of branch and take-over of a dormant corporation) in a large city or acquisition of real estate in the large city or relocation of a head or branch office of a corporation into a large city
 

2) [Corporation/Individual] Acquisition of real estate in the large city (excluding a promotion zone and industrial area) upon the new construction or extension of a building for factory

 

Heavy Tax Rate:  Standard Rate * 3 times – 2% * 2

  

<Standard Tax Rate>

 

Classification

Tax Rate

Acquisition in General

4.0%

Acquisition of House for Value

(4.0% for residential office-tel)

1.0% for the Acquisition value

not more than 600 million won

2.0% for the Acquisition value

more than 600 and not more than 900 million won

3.0% for the Acquisition value

more than 900 million won

Original Acquisition

2.8%

Acquisition through Inheritance

2.8%

Gratuitous acquisition other than Inheritance

3.5%


...

Please refer the enclosed for more information.

This material is for your reference ONLY, and is NOT subject to release to the others at the cost of charge.
All copyrights on this material are reserved by Selim Tax-Account Firm.

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