(1) Where a person liable to pay taxes (including persons jointly and severally liable for tax payment, persons secondarily liable additional tax to pay taxes or guarantors if they become liable for tax payment on behalf of a taxpayer) fails to pay national tax (excluding the stamp tax under Article 8 (1) of the Stamp Tax Act) by the statutory due date of payment (including interim pre-payment, payment by preliminary return, and interim return) or has paid less than the tax amount payable (hereinafter referred to as "underpayment"), or is refunded more than the amount of tax to be refunded (hereinafter referred to as "excess refund"), the aggregate of the following amounts shall be the : <Amended on Dec. 31, 2018; Dec. 31, 2019; Dec. 29, 2020>
1. The amount of unpaid tax or the underpayment (where there is any penalty amount corresponding to the interest to be paid by being added under the tax-related statutes, such amount shall be added) × The period beginning with the day immediately after the statutory due date of payment and ending with payment date (excluding the period from the date of notice of payment to the due date of payment under a notice of payment) × The interest rate prescribed by Presidential Decree in consideration of the interest rates, etc. that the financial institutions apply to overdue loans;
2. The excessively refunded amount of taxes (where there is any penalty amount corresponding to the interest to be paid by being added under the tax-related statutes, such amount shall be added) × The period beginning with the day immediately after the refund date (excluding the period from the date of notice of payment to the due date of payment under a notice of payment) × The interest rate prescribed by the Presidential Decree in consideration of the interest rates, etc. that the financial institutions apply to overdue loans;
3. Out of the amount of tax payable by the statutory due date of payment (where there is any penalty amount corresponding to the interest to be paid by being added under tax-related statutes, such amount shall be added), an amount of tax yet to be paid by the due date of payment under a notice of payment or an amount of underpayment × 3/100 (limited to where the amount of national tax is not paid in full by the due date of payment under the notice of payment).
(2) Paragraph (1) shall also apply to the case where a person other than an enterprise under the Value-Added Tax is refunded the value-added tax.
(3) In any of the following cases, the additional tax under paragraph (1) 1 and 2 shall not apply (limited to the period beginning with the day immediately after the statutory due date of payment and ending with the date of notice of payment): <Amended on Jun. 7, 2013; Dec. 23, 2014; Dec. 15, 2015; Dec. 19, 2017; Dec. 31, 2018; Dec. 22, 2020; Dec. 29, 2020; Dec. 31, 2023>
1. Where a business operator under the Value-Added Tax Act files a return and pays value-added tax by adding a value-added tax on a place of business to a value-added tax on another place of business by the due date of payment under the aforesaid Act;
2. A portion equivalent to the bad debt tax amount under the proviso of Article 45 (3) of the Value-Added Tax Act;
3. Deleted. <Dec. 22, 2020>
4. Where a profit deemed donation under the provisions of Articles 45-3 through 45-5 of the Inheritance Tax and Gift Tax Act alters due to the determination or correction of the corporate tax base and tax amount pursuant to Article 66 of the Corporate Tax Act (excluding cases that the corporate tax base and tax amount are determined or corrected due to an unlawful act);
5. Where acquisition values of stocks, etc. provided for in subparagraph 2 of Article 88 of the Income Tax Act are reduced due to a ground falling under subparagraph 4;
6. Where a person who has filed a return of inheritance tax or gift tax pursuant to Article 67 or 68 of the Inheritance Tax and Gift Tax Act pays inheritance tax or gift tax by the statutory due date of return pursuant to Article 70 of the same Act and determines and corrects the tax base and tax amount by assessing the inherited property or gift property according to the methods prescribed by Presidential Decree after the statutory due date of return.
7. Where a person who has filed a report on the tax base of capital gains tax under Article 105 or 110 of the Income Tax Act on the portion deemed transferred at the time of giving a gift of encumbered property under the latter part of subparagraph 1, with the exception of the items, of Article 88 of the aforesaid Act has paid capital gains tax by the statutory deadline for filing a tax return pursuant to Article 106 or 111 of the aforesaid Act, in which case the tax base and the amount of capital gains tax are determined or corrected by evaluating the gift of encumbered property by the method prescribed by Presidential Decree after the statutory deadline for filing a tax return expires.
(4) Penalty tax under paragraph (1) in relation to the payment of national tax shall not apply to the portion on which the additional tax is levied under Article 47-5. <Amended on Dec. 31, 2018>
(5) In applying paragraph (1), the additional tax under paragraph (1) in relation to the final return and payment shall not apply to the portion when the additional tax under paragraph (1) is levied in relation to the interim pre-payment, payment by preliminary return and payment by interim return. <Amended on Dec. 31, 2018>
(6) Where a taxpayer files a return and pays national tax (limited to income tax, corporate tax and value-added tax) by erroneously applying the taxable period, it shall be deemed that the taxpayer has voluntarily paid national tax with respect to the taxable period for which he or she should have filed a return and paid the national tax within the scope of the amount actually declared and paid on the date when he or she actually filed such return and paid the national tax: Provided, That the same shall not apply to failure to file a return by an unlawful act from among returns prescribed in Article 47-2, or underreporting or overreporting by an unlawful act from among returns prescribed in Article 47-3. <Amended on Dec. 20, 2016>
(7) In applying paragraph (1), if the period beginning with the day immediately after the due date of payment and ending with the date of payment (if the periods specified in the designated due date of payment under Article 13 of the National Tax Collection Act and in the demand notice are extended, the extended period shall be excluded) exceeds five years, such period shall be five years. <Newly Inserted on Dec. 31, 2018; Dec. 29, 2020>
(8) Where the amount of delinquent national taxes by notice of payment and by tax item is less than 1.5 million won, the additional tax under paragraph (1) 1 and 2 shall not apply. <Newly Inserted on Dec. 31, 2018; Dec. 31, 2019; Dec. 29, 2020; Dec. 21, 2021>
(9) Where a person fails to pay or makes underpayment of stamp tax under Article 8 (1) of the Stamp Tax Act (excluding stamp tax on certificates of the transfer of ownership of real estate among the documents under Article 3 (1) 1 of the same Act), he or she shall be liable to pay an additional tax in an amount equivalent to 300/100 of the amount of tax not paid or underpaid: Provided, That in any of the following cases (excluding where a person pays taxes with prior knowledge that the tax base and the amount of tax will be corrected), the amount of an additional tax shall be as follows: <Newly Inserted on Dec. 31, 2018; Dec. 22, 2020; Dec. 31, 2022>
1. Where tax is paid within three months after the statutory due date of payment under the Stamp Tax Act: 100/100 of the amount of tax not paid or underpaid;
2. Where tax is paid between three and six months after the statutory due date of payment under the Stamp Tax Act: 200/100 of the amount of tax not paid or underpaid.[This Article Wholly Amended on Dec. 31, 2011][Title Amended on Dec. 31, 2018]