Capital gains from transferring overseas assets of a resident (limited to the persons who have had a domicile or a place of residence in the Republic of Korea for at least five consecutive years until the date of transfer of the relevant assets) shall be any of the following incomes generated from transferring overseas assets during the relevant taxable period: Provided, That a gain on foreign exchange shall be excluded from the scope of capital gains, where any of the following income is an income generated from transferring an asset acquired with a loan borrowed in a foreign currency from abroad and includes a gain on foreign exchange from the loan in the foreign currency due to the fluctuation of foreign exchange rates: <Amended by Act No. 10408, Dec. 27, 2010; Act No. 12852, Dec. 23, 2014; Act No. 13558, Dec. 15, 2015; Act No. 14389, Dec. 20, 2016>
1. Income generated from transferring buildings or land;
2. Income generated from transferring any of the following rights or interests in real estate:(a) A right to acquire real estate (including a right to acquire a building and land appurtenant thereto upon completion of the building);(b) Superficies;(c) A leasehold interest on a deposit basis and a right to lease real estate;
3. Deleted; <Dec. 31, 2019>
4. Deleted; <by Act No. 15225, Dec. 19, 2017>
5. Income generated from transferring other assets specified by Presidential Decree, such as other assets under Article 94 (1) 4.[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009][Title Amended on Dec. 31, 2019]