(1) Business income shall be the following income generated during the relevant taxable period: Provided, That the foregoing provisions shall not apply where tax on such business income is withheld or a final return on the tax base of such business income has been filed, by treating that income as other income under Article 21 (1) 8-2: <Amended by Act No. 12169, Jan. 1, 2014; Act No. 15225, Dec. 19, 2017; Act No. 16104, Dec. 31, 2018; Dec. 31, 2019>
1. Income generated from agriculture (excluding grain- or other food-crop-cultivating business, among crop-cultivating business; hereinafter the same shall apply), forestry, and fisheries;
2. Income generated from mining;
3. Income generated from the manufacturing industry;
4. Income generated from electricity, gas, steam, or air conditioning and supply business;
5. Income generated from water supply, sewage and waste disposal, or raw material recycling business;
6. Income generated from the construction industry;
7. Income generated from wholesale business and retail business;
8. Income generated from transportation and warehousing business;
9. Income generated from lodging business and restaurant business;
10. Income generated from information and communications business;
11. Income generated from finance business and insurance business;
12. Income generated from real estate business: Provided, That any income generated by providing or lending an easement or a surface right (including a right provided for the space above or below the surface of land) with respect to a public works project under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be excluded herefrom;
13. Income generated from speciality, science, and technology service business (excluding research and development business prescribed by Presidential Decree);
14. Income generated from business facility management, business supporting service business or leasing service business;
15. Income generated from educational service business (excluding educational institutions prescribed by Presidential Decree);
16. Income generated from health business and social welfare services business (excluding social welfare business prescribed by Presidential Decree);
17. Income generated from services business related to art, sports, and leisure;
18. Income generated from an association and organization (excluding associations and organizations prescribed by Presidential Decree), repair, and other private service business;
19. Income generated from family-employed activity;
20. Income that a person subject to double-entry bookkeeping under Article 160 (3) gains from transferring any of the tangible business-use assets specified by Presidential Decree, such as vehicles or delivery equipment: Provided, That any income constituting capital gains under Article 94 (1) 1 shall be excluded herefrom;
21. Income obtained from the continuous and repeated activity under a person's own calculation and responsibility for profit-making purposes, as income similar to those specified in subparagraphs 1 through 20.
(2) The amount of business income shall be calculated by deducting necessary expenses used for business from the total income in the relevant taxable period, and where the necessary expenses exceed the total income, such excess shall be referred to as "loss."(3) Except as otherwise provided in this Act, the scope of business under each subparagraph of paragraph (1) shall be in accordance with the Korea Standard Industry Code announced by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act, and matters necessary for the scope of other business income shall be prescribed by Presidential Decree.[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009]