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Laws › Income Tax Act › SECTION 7 Preliminary Return on Tax Base of Capital Gains and Payment

Income Tax Act — Article 107 (Calculation of Tax for Preliminary Return)

소득세법 제107조

This English translation is based on the Korean text effective 2024-05-17. The Korean law has since been amended (current version effective 2026-07-01) — check the Korean original.

(1) A resident who files a preliminary return shall calculate the tax amount for the preliminary return by the following formula:Tax amount for a preliminary return = (A - B - C) x DA: Capital gainsB: Special deduction for long-term holdingC: Basic deduction from capital gainsD. Tax rate specified in Article 104 (1)(2) Where a resident who files preliminary returns on at least two occasions with regard to assets subject to progressive tax rates during the relevant taxable period intends to file a return by including the amount of the capital gains for which returns have been already filed, the tax amount to be stated in the second and subsequent preliminary returns shall be calculated as follows: <Amended by Act No. 15225, Dec. 19, 2017; Dec. 29, 2020>

1. If the asset is subject to the tax rate specified in Article 104 (1) 1: The amount calculated by the following formula:Tax amount for a preliminary return = [(A + B - C) x D] - EA: Capital gains on the assets included in the returns already filedB: Capital gains on the assets included in the second and subsequent returnsC: Basic deduction from capital gainsD. Tax rate specified in Article 104 (1) 1E. Tax amount for the preliminary returns already filed2. If the asset is subject to the tax rate under Article 104 (1) 8 or 9: The amount calculated by the following formula:Tax amount for a preliminary return = [(A + B - C) x D] - EA: Capital gains on the assets included in the returns already filedB: Capital gains on the assets included in the second and subsequent returnsC: Basic deduction from capital gainsD. Tax rate specified in Article 104 (1) 8 or 9E. Tax amount for the preliminary returns already filed3. Deleted; <Dec. 29, 2020>

4. If the asset is subject to the tax rate under Article 104 (1) 14: The amount calculated by the following formula:Tax amount for a preliminary return = [(A + B - C) x D] - EA: Capital gains on the assets included in the returns already filedB: Capital gains on the assets included in the second and subsequent returnsC: Basic deduction from capital gainsD. Tax rate specified in Article 104 (1) 11 (a) (ii)E. Tax amount for the preliminary returns already filed[This Article Wholly Amended by Act No. 14389, Dec. 20, 2016][Enforcement Date: Jan. 1, 2025] Article 107 (2) 3

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