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Corporate Tax Act — Article 8 (Constructive business years)

법인세법 제8조

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 is dissolved during a business year (excluding a dissolution due to a merger or division, and restructuring of corporation prescribed in Article 78), any of the following periods shall be deemed one business year: <Amended on Dec. 24, 2018>

1. The period from the start date of the business year until the registration date of dissolution (referring to the registration date of bankruptcy where a corporation is dissolved on the grounds of bankruptcy and the date of dissolution for any organization deemed a corporation; hereinafter the same shall apply);

2. The period from the day following the registration date of dissolution until the end date of the relevant business year.

(2) Where a domestic corporation is dissolved during a business year due to a merger or division, the period from the start date of the business year until the registration date of the merger or division shall be deemed one business year of that dissolved domestic corporation. <Amended on Dec. 24, 2018>

(3) Where a domestic corporation undergoes restructuring pursuant to any subparagraph of Article 78 during a business year, it shall be deemed that the business year before the restructuring of corporation continues. <Added on Dec. 24, 2018>

(4) The business year of a domestic corporation in the course of liquidation shall be deemed one business year by the following classifications: <Amended on Dec. 24, 2018>

1. Where the value of residual assets is determined during the business year: The period from the start date of the business year until the date the value of residual assets is determined;

2. Where the domestic corporation continues its business pursuant to Article 229, 285, 287-40, 519, or 610 of the Commercial Act: The following periods:(a) The period from the start date of the business year until the registration date of continuation (referring to the date of actual continuation of business where continuation is not registered; hereinafter the same shall apply);(b) The period from the day following the registration date of continuation until the end date of the business year.

(5) Where a domestic corporation is subject to a consolidated tax return system during a business year, the period from the start date of the business year to the date preceding the start date of the consolidated business year shall be deemed one business year. <Amended on Dec. 24, 2018>

(6) Where a foreign corporation with a domestic place of business ceases to have the domestic place of business during a business year, the period from the start date of the business year until the date it ceases to have the place of business shall be deemed one business year; provided, the same shall not apply where it continues to have another place of business in the Republic of Korea. <Amended on Dec. 24, 2018>

(7) Where a foreign corporation with no domestic place of business reports to the head of the tax office having jurisdiction over the place of tax payment the fact that it no longer has the domestic source income accrued from the real estate referred to in subparagraph 3 of Article 93 or the domestic source income accrued from transfer of real estate, etc. referred to in subparagraph 7 of the same Article, the period from the start date of the business year to the filing date of such report shall be deemed one business year. <Amended on Dec. 24, 2018>[This Article Wholly Amended on Dec. 30, 2010]

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