(1) If a person required to submit a statement of payment under Article 164 or 164-2 of this Act or Article 120 or 120-2 of the Corporate Tax Act (hereafter referred to as “payment statement” in this Article) meets any of the following criteria, the person shall pay a penalty tax as described in the following classifications, in addition to the final tax amount on global income for the relevant taxable period: Provided, That this shall not apply to the portion subject to penalty tax under Article 90-2 of the Act on Restriction on Special Cases concerning Taxation: <Amended on Dec. 29, 2020; Mar. 16, 2021; Dec. 31, 2022>
1. If the person fails to submit a payment statement or a simplified payment statement (hereafter referred to as “payment statement, etc.” in this Article) by the deadline: An amount as described in the following classifications:(a) In the case of a payment statement: 1/100 (or 5/1000 of the amount of payment, if the submitted within three months after the deadline for submission has passed) of the the amount of payment for which no payment statement is submitted: Provided, That in the case of a payment statement for wage and salary income of a daily employed worker (hereafter referred to as "daily labor income" in this Article) in the proviso, with the exception of the subparagraphs, of Article 164 (1), it shall be 25/10000 of the amount of payment for which no payment statement is submitted (125/100000 of the amount of payment if submitted within one month after the deadline for submission has passed);(b) In the case of a simplified payment statement: 25/10000 of the amount of payment for which no payment statement is submitted (125/100000 of the amount of payment if submitted within one month after the deadline for submission has passed);
2. If the payment statement, etc. submitted is unclear as prescribed by Presidential Decree, or the amount of payment stated on the payment statement, etc. submitted is inaccurate: An amount as described in the following classifications:(a) In the case of a payment statement: 1/100 of the amount of payment which is unclear or inaccurate: Provided, That in the case of a payment statement for daily labor income, it shall be 25/10000 of amount of payment which is unclear or inaccurate;(b) In the case of a simplified payment statement: 25/10000 of the amount of payment which is unclear or inaccurate.
(2) Notwithstanding paragraph (1) 1, if a withholding agent, who makes semi-annual payments of withholding tax under Article 128 (2), pays daily labor income or any income described in Article 164-3 (1) 2 during the period from July 1, 2021 to June 30, 2022 falls under any of the following cases, penalty tax under paragraph (1) 1 shall not be imposed: <Newly Inserted on Mar. 16, 2021>
1. If the agent submits a payment statement for daily labor income by the end of the month following the last month of the quarter to which the date of payment of the income (or, in the case of income subject to Article 135, the last day of the taxable period for the income) belongs (or, in the case of the agent’s suspension, closure, or dissolution of its business, by the end of the month following the last month of the quarter in which the date of suspension, closure, or dissolution occurs);
2. If the agent submits a simplified payment statement for income described in Article 164-3 (1) 2 by the end of the month following the last month of the half-year term to which the date of payment of the income (or, in the case of income subject to Article 144-5, the last day of the taxable period for the income) belongs (or, in the case of the agent’s suspension, closure, or dissolution of its business, by the end of the month following the last month of the half-year term in which the date of suspension, closure, or dissolution occurs).
(3) Notwithstanding paragraph (1) 1 (b), a penalty tax under paragraph (1) 1 (b) shall not be imposed in either of the following cases: <Newly Inserted on Dec. 31, 2022>
1. If a withholding agent pays income described in Article 164-3 (1) 1 during the period from January 1, 2024 to December 31, 2024 (or December 31, 2025 in the case of a withholding agent who pays withholding taxes on a half-year basis) and submits a simplified payment statement for the income by the end of the month following the last month of the half-year period to which the date of payment of the income (or, in the case of income subject to Article 135, the last day of the taxable period for the income) belongs (or, in the case of the agent’s suspension, closure, or dissolution of its business, by the end of the month following the last month of the half-year term in which the date of suspension, closure, or dissolution occurs);
2. If a withholding agent pays income described in Article 164-3 (1) 3 during the period from January 1, 2024 to December 31, 2024 and submits a payment statement for the income by the end of February in the year following the taxable year to which the date of payment of the income belongs (or, in the case of the agent’s suspension, closure, or dissolution of its business, by the last day of the second month following the month in which the suspension, closure, or dissolution occurs).
(4) Notwithstanding paragraph (1) 2, if a payment statement, etc. submitted for daily labor income or any income described in the subparagraphs of Article 164-3 (1) falls under the provisions, with the exception of the items, of paragraph (1) 2, and the proportion of the amount of payment subject to the provisions, with the exception of the items, of paragraph (1) 2, in the total amount of each payment listed in the payment statement, etc. is less than or equal to the proportion prescribed by Presidential Decree, the penalty tax mentioned in paragraph (1) 2 shall not be imposed. <Newly Inserted on Mar. 16, 2021; Dec. 31, 2022>
(5) For the purpose of applying paragraph (1), a person obligated to submit a payment statement, etc. for income described in Article 164-3 (1) 2 (excluding business income prescribed by Presidential Decree in accordance with Article 73 (1) 4) or 164-3 (1) 3 shall not be subject to the penalty tax mentioned in paragraph (1) 1 (b) for the portion subject to the penalty tax mentioned in paragraph (1) 1 (a), and shall not be subject to the penalty tax mentioned in paragraph (1) 2 (b) for the portion subject to the penalty tax mentioned in paragraph (1) 2 (a). <Newly Inserted on Dec. 31, 2022>
(6) The penalty tax mentioned in paragraph (1) shall be applied even when there is no calculated tax on global income. <Amended on Mar. 16, 2021; Dec. 31, 2022>[This Article Newly Inserted on Dec. 31, 2019][Title Amended on Mar. 16, 2021][Enforcement Date: Jan. 1, 2024] The amended part pertaing to “income described in Article 164-3 (1) 3” in Article 81-11 (5)