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Corporate Tax Act — Article 97 (Report, payment, determination, correction, and collection)

법인세법 제97조

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) Except as otherwise provided in this SECTION, any of the following provisions shall apply mutatis mutandis to filing a report, payment, determination, correction, and collection of corporate tax for each business year of a foreign corporation referred to in Article 91 (1) and a foreign corporation referred to in subparagraphs (2) and (3) of the same Article that have domestic source income accrued from transfer of real estate, etc. in subparagraph 7 of Article 93 (hereafter in this paragraph referred to as "foreign corporation, etc."). In such cases, where the corporate tax base on the income of a foreign corporation for each business year includes the income withheld under Article 98 (1) 5 or (8) in applying mutatis mutandisArticle 64, the relevant amount of withheld tax shall be deemed the amount of tax deducted under Article 64 (1) 4: <Amended on Jan. 1, 2013; Dec. 20, 2016; Dec. 24, 2018; Dec. 22, 2020>

1. In cases of tax reductions or exemptions: Articles 57 (1) and (2), 58, 58-3, and 59;

2. In cases of report and payment: Articles 60 (excluding any earned surplus settlement statement or deficits settlement statement referred to in paragraph (2) 1 of the same Article), 62, and 64;

3. In cases of interim prepayment: Articles 63 and 63-2;

4. In cases of determination or correction of tax base: Articles 66 through 70;

5. In cases of collection and refund of tax: Article 71;

6. In cases of withholding: Articles 73, 73-2 and 74;

7. In cases of penalty tax: Articles 75 and 75-2 through 75-9.

(2) Where a foreign corporation obligated to file a report on the tax base of corporate tax on the income for each business year under paragraph (1) cannot file the report by the filing deadline on the grounds prescribed by Presidential Decree, it may extend the filing deadline after obtaining approval from the head of the tax office having jurisdiction over the place of tax payment or the commissioner of the competent regional tax office, as prescribed by Presidential Decree, notwithstanding paragraph (1).

(3) Where a foreign corporation that has obtained approval for extending a deadline for filing a tax return pursuant to paragraph (2) pays the tax amount it has reported, it shall pay the tax amount including the amount calculated by applying an interest rate prescribed by Presidential Decree considering the interest rates of financial companies, etc. to the number of days so extended.

(4) In calculating the amount to be added under paragraph (3), the number of extended days shall be the number of days from the day following the filing deadline specified under Article 60 until the approval day of extension; provided, where a report is filed and payment is made by the extended deadline, it shall be from the day following the filing deadline specified under Article 60 until the day of such report and payment.

(5) Where the amount of the tax withheld under Article 98, 98-3, 98-5, or 98-6 is less than 1,000 won, such tax shall not be collected. <Added on Jan. 1, 2013>[This Article Wholly Amended on Dec. 30, 2010]

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