(1) Where a foreign corporation with no domestic place of business satisfies the taxation standards stipulated in the relevant tax treaty by transferring stocks or investment certificates of the same domestic corporation on at least two occasions within the same business year (referring to the business year of the domestic corporation which issues the stocks or investment certificates; hereafter in this Article, the same shall apply), such foreign corporation shall report and pay an amount equivalent to the withholding tax on gains accruing from the transfer (hereafter in this Article, referred to as "gains") that was not withheld at the time of such transfers, to the head of the tax office having jurisdiction over the place of tax payment, as prescribed by Presidential Decree, within three months from the end date of the business year in which such transfers are made.
(2) Paragraph (1) shall apply mutatis mutandis to the gains of a foreign corporation with a domestic place of business that is not substantially related to or does not revert to the domestic place of business.
(3) Where a foreign corporation with no domestic place of business transfers stocks, investment certificates, or other securities (hereafter in this Article, referred to as "stocks, etc.") to a non-resident or foreign corporation with no domestic place of business in circumstances prescribed by Presidential Decree, it shall report and pay an amount computed by multiplying gains accrued from the transfer by the rate provided in Article 98 (1) 7 to the head of the tax office having jurisdiction over the place of tax payment by no later than the tenth day of the month that is two months after the month in which such gains are paid, as prescribed by Presidential Decree; provided, the foregoing shall not apply where the person who pays the amount of gains accrued from the transfer of stocks, etc. withholds and pays the corporate tax on the domestic source income from the transfer of the relevant stocks, etc. under Article 98. <Amended on Dec. 24, 2018>
(4) Where a foreign corporation with no domestic place of business earns any income referred to in subparagraph 10 (c) of Article 93 upon being donated with domestic assets from a non-resident or foreign corporation with no domestic place of business, it shall report and pay the amount computed under Article 98 (1) 8 to the head of the tax office having jurisdiction over the place of tax payment within three months from the last day of the month in which the date it has been donated with the amount referred to in Article 98 (1) 8 falls; provided, the foregoing shall not apply where the person who has donated domestic assets withholds and pays the corporate tax on the amount of domestic source income under Article 98. <Added on Dec. 31, 2011; Dec. 24, 2018>
(5) Where a foreign corporation fails to report and pay, as prescribed in paragraphs (1) through (4), or underreports the tax base, or underpays tax, the head of the tax office having jurisdiction over the place of tax payment shall collect the payable amount by applying mutatis mutandisArticle 66. <Amended on Dec. 31, 2011>[This Article Wholly Amended on Dec. 30, 2010][Title Amended on Dec. 31, 2011]