Korean Law in English
Laws › Income Tax Act › SECTION 10 Capital Gains Tax on Transfer of Overseas Assets

Income Tax Act — Article 118-4 (Calculation of Necessary Expenses of Capital Gains from Overseas Assets)

소득세법 제118조의4

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) In the calculation of gains on transfer of overseas assets, necessary expenses deductible from the transfer value shall be the sum of the following amounts:

1. The acquisition value:The actual transaction value disbursed for the acquisition of the relevant assets: Provided, That when it is impracticable to confirm the actual transaction value at the time of acquisition, the acquisition value shall be based on the market price reflecting the current status of the country where transferred assets are located at the time of acquisition, but when it is difficult to assess the market price, the acquisition value shall be assessed according to the method prescribed by Presidential Decree, taking into account the type and size of such assets and the circumstances at the time of the transaction;

2. Capital expenditure prescribed by Presidential Decree;

3. Transfer cost prescribed by Presidential Decree.

(2) Matters necessary to calculate necessary expenses, such as foreign exchange of gains on transfer, the actual transaction value disbursed for acquisition, the assessment of the market price, etc. under paragraph (1) shall be prescribed by Presidential Decree.[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009][Title Amended on Dec. 31, 2019]

‹ Article 118-3All articlesArticle 118-5 ›

Korean original (law.go.kr) · Get articles as JSON via API