(1) The amount of capital gains tax on a resident shall be calculated by applying the following tax rates to the tax base of capital gains for the relevant taxable period (hereinafter referred to as "calculated tax on capital gains"). In such cases, when at least two tax rates, among the following tax rates, are applicable to an asset, the greatest calculated tax amount on capital gains, among the amounts calculated by applying relevant tax rates, shall be determined as the assessed tax amount: <Amended by Act No. 10408, Dec. 27, 2010; Act No. 12169, Jan. 1, 2014; Act No. 12852, Dec. 23, 2014; Act No. 13558, Dec. 15, 2015; Act No. 14389, Dec. 20, 2016; Act No. 15225, Dec. 19, 2017; Act No. 16104, Dec. 31, 2018; Dec. 31, 2019; Aug. 18, 2020; Dec. 29, 2020; Dec. 31, 2022>
1. Assets under Article 94 (1) 1, 2, and 4: Tax rate under Article 55 (1) (in cases of rights to acquire a house, 60/100 of the tax base of capital gains);
2. Assets under Article 94 (1) 1 and 2, the holding period of which is at least one year, but less than one year: 40/100 of the tax base of capital gains [60/100 in cases of houses (including land appurtenant thereto, as prescribed by Presidential Decree; hereafter the same shall apply in this paragraph), association members' rights to acquire a house, and rights to buy a house]:
3. Assets under Article 94 (1) 1 and 2, the holding period of which is less than one year: 50/100 of the tax base of capital gains (70/100 in cases of houses, association members' rights to acquire a house, and rights to buy a house);
4. Deleted; <Aug. 18, 2020>
5. Deleted; <Jan. 1, 2014>
6. Deleted; <Jan. 1, 2014>
7. Deleted; <Jan. 1, 2014>
8. Land for non-business use under Article 104-3:
11. Deleted; <Dec. 29, 2020>
12. Deleted; <Dec. 29, 2020>
13. Deleted; <Dec. 29, 2020>
14. Trust beneficiary interests under Article 94 (1) 6:
1. In cases of inherited assets, the date the predecessor acquired such assets;
2. In cases of assets falling under Article 97-2 (1), the date a donor acquired such assets;
3. Where stocks, etc. are newly acquired from a merging corporation, a corporation newly incorporated by division, or other corporation of such divided merger, on account of the merger or division (excluding physical division) of a corporation, the date stocks, etc. of a merged corporation, a divided corporation, or other corporation of a corporation extinguished by the division or merger are acquired.
(3) "Unregistered assets transferred" in paragraph (1) 10 means that a person who has acquired assets under Article 94 (1) 1 and 2 transfers such assets without making registration concerning the acquisition thereof: Provided, That assets prescribed by Presidential Decree shall be excluded.
(4) Where any of the following real estate is transferred, the tax rate under Article 55 (1) [paragraph (1) 8 in cases falling under subparagraph 3 (including cases falling under the proviso of the same subparagraph)] plus 10/100 shall apply to such real estate. In such cases, where the period of ownership of the real estate is less than two years, the calculated tax amount calculated on capital gains by applying the tax rate under Article 55 (1) [paragraph (1) 8 in cases falling under subparagraph 3 (including cases falling under the proviso of the same subparagraph)]) plus 10/100 or the calculated tax amount calculated on capital gains by applying the tax rate under paragraph (1) 2 or 3, whichever is greater, shall be determined as the calculated tax amount on capital gains: <Amended by Act No. 10408, Dec. 27, 2010; Act No. 11611, Jan. 1, 2013; Act No. 12169, Jan. 1, 2014; Act No. 12852, Dec. 23, 2014; Act 13558, Dec. 15, 2015; Act No. 14389, Dec. 20, 2016; Act No. 15225, Dec. 19, 2017; Dec. 31, 2019>1. and 2. Deleted; <by Act No. 15225, Dec. 19, 2017>
3. Real estate located in a designated area under Article 104-2 (2), which is land for non-business use under Article 104-3: Provdied, That this shll not apply if a purchase and sale contract has been concluded, and a down payment has been paid for the transfer of land before the date of the announcement of the designated area, and it is confirmed by evidentiary documents;
4. Other real estate prescribed by Presidential Decree, necessary for stabilizing the price of real estate, as the price of real estate increases or is likely to increase excessively.
(5) Where at least two assets, among those specified in Article 94 (1) 1, 2, and 4, are transferred during the relevant taxable period, the greater of the following amounts (if there is any amount of reduction or exemption of capital gains tax under this Act or any other tax-related Acts, it means the amount of calcaulated tax after deducting such amount of reduction or exemption is greater than the following amounts) shall be determined as the calculated tax amount on capital gains. In such cases, when calculating the amount under subparagraph 2, the assets under paragraph (1) 8 and 9 shall be deemed identical assets, while a parcel of land shall be deemed separate assets in calculating the amount of capital gains tax, if the parcel of land is separated into a piece of land for non-business use under Article 104-3 and a piece of land for any other use: <Newly Inserted by Act No. 12852, Dec. 23, 2014; Act No. 15225, Dec. 19, 2017; Act No. 16104, Dec. 31, 2018; Dec. 31, 2019>
1. The calculated tax amount as calculated on capital gains by applying the tax rate under Article 55 (1) to the sum of tax bases of capital gains for the relevant taxable period;
2. The sum of the calculated tax amounts of capital gains as calculated for each asset separately under paragraphs (1) through (4) and (7): Provided, That where the tax rates under the same subparagraphs among the tax rates under each subparagraph of paragraphs (1), (4), and (7) apply to two or more asses, and the applicable tax rates are two or more, the aforesaid total sum of the calculated tax amounts of capital gains under the main sentence of this subparagraph shall be replaced by the total sum of the respective largest calculated tax amounts among the tax amounts calculated by applying tax rates under each relevant subparagraph of paragraph (1), (4) or (7) to the added-up capital gains tax bases of each asset.
(6) Deleted. <Feb. 29, 2020>
(7) The tax rate calculated by adding 20/100 (or 30/100 in cases falling under subparagraph 3 or 4) to the tax rate under Article 55 (1) shall apply where any of the following houses (including land appurtenant thereto; hereafter the same shall apply in this paragraph) is transferred. In such cases, where the holding period of the house is less than two years, the greater of the amount of capital gains tax calculated by applying the tax rate calculated by adding 20/100 (or 30/100 in cases falling under subparagraph 3 or 4) to the tax rate under Article 55 (1) or the amount of capital gains tax calculated by applying the tax rate under paragraph (1) 2 or 3 shall be determined as the amount of capital gains tax: <Newly Inserted by Act No. 15225, Dec. 19, 2017; Aug. 18, 2020>
1. A house constituting one of two houses per household, specified by Presidential Decree, in an area subject to adjustment as defined in Article 63-2 (1) 1 of the Housing Act (hereafter referred to as “area subject to adjustment” in this Article);
2. A house in an area subject to adjustment, where one household owns one house and one right to acquire a house as an association member or right to buy a house: Provided, That the long-term rental houses, etc. specified by Presidential Decree shall be excluded herefrom;
3. A house constituting one of at least three houses per household, specified by Presidential Decree, in an area subject to adjustment;
4. A house in an area subject to adjustment, where one household owns houses or rights to acquire a house as an association member or rights to buy a house, and the total number of houses or rights is at least three: Provided, That the long-term rental houses, etc. specified by Presidential Decree shall be excluded herefrom.
(8) Other matters necessary for calculating the calculated tax on capital gains shall be prescribed by Presidential Decree.[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009][Enforcement Date: Jan. 1, 2025] Articles 104 (1) 11, 104 (1) 12 and 13, 104 (2), 104 (6)