(1) Any resident with capital gains in the relevant taxable period shall file a return on the tax base of capital gains with the head of the tax office having jurisdiction over the place for tax payment during the period from May 1 to 31 of the year following such taxable period (in cases falling under the proviso to Article 105 (1) 1, during the period from May 1 to 31 of the year following the taxable period in which a contract for sale and purchase of land is permitted (where the designation of an area subject to permission is cancelled before the permission for a contract for sale and purchase of land is obtained, referring to the date such designation is cancelled)), as prescribed by Presidential Decree. <Amended by Act No. 15225, Dec. 19, 2017>
(2) Paragraph (1) shall also apply where there is no tax base or there is a loss incurred in the relevant taxable period.
(3) A return on tax base of capital gains pursuant to paragraph (1) shall be referred to as a final return.
(4) Notwithstanding paragraph (1), any person who files a preliminary return may choose not to file a final return on the relevant income: Provided, That this shall not apply to cases prescribed by Presidential Decree, where preliminary returns on assets subject to progressive tax rates are made at least twice in the relevant taxable period.
(5) Where filing a final return, the documents necessary for calculating the transfer value and necessary expenses which are the basis of the calculation of the amount of capital gains in such return, prescribed by Presidential Decree, shall be submitted to the head of a tax office having jurisdiction over the place for tax payment.
(6) Where there are deficient matters or errors in a return and other documents submitted under paragraph (5), the head of a tax office having jurisdiction over the place for tax payment may demand the supplement thereof.[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009]