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Corporate Tax Act — Article 76-19 (Payment and settlement of consolidated corporate Tax)

법인세법 제76조의19

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) A consolidated parent corporation shall pay an amount computed by subtracting the following amounts of corporate tax (excluding penalty tax) from the amount of calculated consolidation tax, as corporate tax on income for each consolidated business year, to the tax office having jurisdiction over the place of tax payment, etc., by the filing deadline specified in Article 76-17 (1): <Amended on Dec. 24, 2018>

1. The amount of tax reductions or exemptions and the amount of tax credits granted for the relevant consolidated business year;

2. The consolidated interim tax for the relevant consolidated business year computed under Article 76-18;

3. The total amount of tax withheld from each consolidated corporation for the relevant consolidated business year pursuant to Articles 73 and 73-2.

(2) A consolidated subsidiary corporation shall pay to its consolidated parent corporation an amount computed by adding an amount computed by applying mutatis mutandisArticles 75 and 75-2 through 75-9 to the amount computed by subtracting the following amounts from the calculated amount of tax of each consolidated corporation, by the filing deadline referred to in paragraph (1): <Amended on Dec. 24, 2018>

1. The amount of tax reductions or exemptions granted to the relevant corporation for the relevant consolidated business year;

2. The interim tax by consolidated corporation for the relevant consolidated business year;

3. The amount of tax withheld from the relevant corporation for the relevant consolidated business year pursuant to Articles 73 and 73-2.

(3) Where the amount calculated pursuant to paragraph (2) is a negative figure, the consolidated parent corporation shall pay the amount without a negative sign to its consolidated subsidiary corporation by the deadline prescribed in paragraph (1). <Added on Dec. 31, 2022>

(4) Article 64 (2) shall apply mutatis mutandis where paragraph (1) shall apply. <Amended on Dec. 15, 2015; Dec. 31, 2022>

(5) In the case where there is no calculated consolidation tax and which falls under any of the following subparagraphs, the amount of the settlement of the profit or loss resulting from the transfer of deficits (hereinafter referred to as the "settlement amount" in this paragraph) shall be distributed to each consolidated corporation as prescribed in the relevant subparagraph: <Added on Dec. 31, 2023>

1. If there is a consolidated subsidiary corporation that falls under any of the following items: the relevant consolidated subsidiary corporation pays the settlement amount calculated as prescribed by Presidential Decree to the consolidated parent corporation by the deadline specified in paragraph (1):(a) The deficit amount of another consolidated corporation is added to the income of a consolidated subsidiary corporation for the relevant consolidated business year pursuant to Article 76-14 (1);(b) Where the deficits under Article 76-13 (1) 1 of another consolidated corporation is deducted from the individual attributable amount of consolidated income of the consolidated corporation;2. if there is a consolidated subsidiary corporation that falls under any of the following items: the consolidated parent corporation pays the settlement amount calculated as prescribed by Presidential Decree to the consolidated subsidiary corporation by the deadline specified in paragraph (1):(a) Where the deficits of a consolidated subsidiary corporation for the relevant consolidated business year are added to the income of another consolidated corporation pursuant to Article 76-14 (1);(b) Where the deficits referred to in Article 76-13 (1) 1 of a consolidated subsidiary corporation are deducted from the individual attributable amount of consolidated income of another consolidated corporation.[This Article Wholly Amended on Dec. 30, 2010][Title Amended on Dec. 31, 2023]

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