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Corporate Tax Act — Article 37 (Inclusion of value of business assets acquired with construction charges in deductible expenses)

법인세법 제37조

This English translation is based on the Korean text effective 2025-03-14. The Korean law has since been amended (current version effective 2026-07-01) — check the Korean original.

(1) Where a domestic corporation engaging in any of the following types of business is provided with tangible and intangible assets (hereinafter referred to as "business assets") for facilities required for the business, such as land and other assets provided by consumers or beneficiaries of such facilities or where such domestic corporation receives money, etc. (hereafter in this Article, referred to as "construction charges") and uses it to acquire business assets by the end of the business year in which it receives the money or acquires business assets and then receives construction charges therefor later, the value of the relevant business assets (the amount equivalent to the construction charges used to acquire such business assets, where the domestic corporation receives construction charges) may be included in deductible expenses for the purpose of calculating the amount of income for the relevant business year, as prescribed by Presidential Decree: <Amended on Jan. 1, 2014; Dec. 24, 2018>

1. Electricity service business as prescribed in the Electric Utility Act;

2. Urban gas business as prescribed in the Urban Gas Business Act;

3. Liquefied petroleum gas-filling business, liquefied petroleum gas collective supply business, and liquefied petroleum gas sales business as prescribed in the Safety Control and Business of Liquefied Petroleum Gas Act;

4. Integrated energy supply business as defined in subparagraph 2 of Article 2 of the Integrated Energy Supply Act;

5. Business similar to those referred to in subparagraphs 1 through 4 and prescribed by Presidential Decree.

(2) Article 36 (2) and (3) shall apply mutatis mutandis to the inclusion of the value of business assets acquired with construction charges in the deductible expenses and other matters. <Amended on Dec. 24, 2018>

(3) A domestic corporation which intends to apply paragraphs (1) and (2) shall submit a detailed statement on the business assets and construction charges received and the business assets acquired with construction charges (a plan to use construction charges in cases falling under paragraph (2)) to the head of the tax office having jurisdiction over the place of tax payment, as prescribed by Presidential Decree. <Amended on Dec. 24, 2018>

(4) For purposes of paragraphs (1) and (2), matters necessary for calculating the amount included in deductible expenses and the amount included in the gross income, the method of calculation, and other matters shall be prescribed by Presidential Decree.[This Article Wholly Amended on Dec. 30, 2010][Title Amended on Dec. 24, 2018]

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