Korean Law in English
Laws › Corporate Tax Act › Sub-Section 6 Special Cases concerning Mergers and Divisions

Corporate Tax Act — Article 46-5 (Special provisions concerning taxation on divided corporations surviving division)

법인세법 제46조의5

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 survives a division (excluding a split-off), gains or losses accruing from the transfer of the assets of the divided business category to a corporation established through division, etc. (referring to the amount calculated by deducting the value under subparagraph 2 from the value under subparagraph 1; hereafter the same shall apply in this Article) shall be included in gross income or deductible expenses when the divided corporation calculates the amount of income for the business year which includes the registration date of the division:

1. Transfer value received by a divided corporation from a corporation established through division, etc.;

2. Net book value of assets as at the registration date of the division of the business category divided by a divided corporation.

(2) Article 46 (2) through (4) shall apply mutatis mutandis to the calculation of transfer gains or losses under paragraph (1). <Amended on Dec. 22, 2020>

(3) Articles 46-2, 46-3 and 46-4 shall apply mutatis mutandis to the taxation on a corporation established through division, etc.; provided, the losses of a divided corporation shall not be succeeded.[This Article Wholly Amended on Dec. 30, 2010]

‹ Article 46-4All articlesArticle 47 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law