(1) Where any person liable to file a preliminary return under Article 105 or a final return under Article 110 fails to file such return, the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment shall determine the tax base and tax amount on capital gains for the relevant resident.
(2) Where any omission or error exists in the details of a preliminary return filed pursuant to Article 105 or a final return filed under Article 110, the head of a tax office or the commissioner of the a regional tax office having jurisdiction over the place for tax payment shall correct the tax base and tax amount on capital gains.
(3) Where the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment detects any omission or error in the determination or correction after he/she determines or corrects the tax base and tax amount on capital gains, he/she shall immediately correct them again.
(4) Where the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment determines or corrects the tax base and tax amount on capital gains pursuant to paragraphs (1) through (3), he/she shall be based on the values pursuant to Articles 96, 97, and 97-2. <Amended by Act No. 12169, Jan. 1, 2014>
(5) Where a person liable to file a preliminary or final return on the tax base of capital gains (hereafter referred to as "person liable for a return" in this paragraph) on the transfer value and the acquisition value based on the actual transaction value by transfer of assets pursuant to Article 94 (1) 1 fails to file the final return and falls under any case prescribed by Presidential Decree considering the tax base and tax amount on capital gains or whether a person liable for a return has declared the actual transaction value, notwithstanding paragraph (4), the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment may determine the tax base and tax amount on capital gains by presuming the transaction value entered in the register pursuant to Article 68 of the Registration of Real Estate Act (hereafter referred to as "registered value" in this paragraph) the actual transaction value: Provided, That this shall not apply where the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment verifies that the registered value differs from the actual transaction value. <Amended by Act No. 10580, Apr. 12, 2011; Act No. 11146, Jan. 1, 2012>
(6) Where a person files a preliminary return or a final return on the tax base on capital gains on the transfer value and the acquisition value based on the actual transaction value when applying paragraph (4), and the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment verifies the actual transaction value because the value of such return is different from the actual value, the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment shall correct the tax base and tax amount on capital gains by deeming such verified value the transfer value or acquisition value.
(7) Where the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment determines the transfer value or acquisition value based on the actual transaction value when applying paragraphs (4) through (6), and where he/she is unable to acknowledge or verify the actual transaction value at the time of transfer or acquisition of the relevant assets by books or other supporting documents due to grounds prescribed by Presidential Decree, he/she may determine or correct the transfer value or acquisition value through additional investigation based on the compensation value for sales and purchase, the appraised value, the conversion value, the converted acquisition value, or the assessed value, etc. as prescribed by Presidential Decree. <Amended on Dec. 31, 2019; Dec. 29, 2020>
(8) Where the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment determines or corrects the tax base and tax amount on capital gains of any resident pursuant to paragraphs (1) through (7), he/she shall notify such resident of such determination or correction in writing, as prescribed by Presidential Decree.
(9) Where the head of a tax office or the commissioner of a regional tax office having jurisdiction over the place for tax payment needs to ascertain whether any omission or error exists in the details of a return on gains on transfer of stocks, etc. pursuant to Article 94 (1) 4 and the appropriateness of details of sales and purchase when applying paragraphs (1) through (3), notwithstanding the provisions of other Acts, such as the Act on Real Name Financial Transactions and Confidentiality, he/she may make inquiries of any investment trader or investment broker and any corporation that issued certificates of stocks, etc. or investment certificates under the Financial Investment Services and Capital Markets Act about such matters, as prescribed by Presidential Decree. <Amended on Dec. 29, 2020>[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009][Enforcement Date: Jan. 1, 2025] Article 114 (9)