(1) If the capital gains under Article 95 include an amount of capital gains eligible for tax exemption or reduction under this Act or any other tax-related Act, the calculated amount of capital gains tax shall be reduced by the amount of the reducible capital gains tax as computed by the following formula: <Amended by Act No. 14389, Dec. 20, 2016>Amount of reducible capital gains tax = A x (B-C)/D x EA: Calculated amount of capital gains tax under Article 104;B: Amount of reducible capital gains;C: Basic deduction from capital gains under Article 103 (2);D: Tax base of capital gains under Article 92;E. Reduction rate specified by this Act or any other tax-related Act.
(2) Notwithstanding paragraph (1), where the reduction or exemption of capital gains tax is prescribed by the Restriction of Special Taxation Act in the method of deducting the capital gains subject to reduction or exemption from the capital gains, the capital gains tax shall be reduced or exempted in the method of calculating the tax base of capital gains after deducting the capital gains subject to reduction or exemption from the capital gains under Article 95. <Newly Inserted by Act No. 11611, Jan. 1, 2013>[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009]