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Corporate Tax Act — Article 75-5 (Penalty tax on negligence in receiving evidentiary documents)

법인세법 제75조의5

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 (excluding any corporation prescribed by Presidential Decree) is provided with goods or services in connection with its business from a business operator prescribed by Presidential Decree and fails to receive an evidentiary document referred to in any subparagraph of Article 116 (2) or receives a false evidentiary document, it shall pay a penalty tax equivalent to 2/100 of the amount for which it fails to receive an evidentiary documents or the amount received differently from the facts recognized as being included in deductible expenses (referring to the difference between the issued amount and the actually transacted amount), in addition to the corporate tax. <Amended on Dec. 31, 2019>

(2) In any of the following cases, a penalty tax prescribed in paragraph (1) shall not be imposed: <Amended on Dec. 31, 2022>

1. Where business promotion expenses are not included in deductible expenses pursuant to Article 25 (2);

2. Where it falls under the proviso, with the exception of the subparagraphs, of Article 116 (2).

(3) The penalty tax in paragraph (1) shall be collected although the calculated amount of tax is nil.[This Article Added on Dec. 24, 2018]

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