(1) Capital gains shall consist of the following incomes generated during the relevant taxable period: <Amended by Act No. 10408, Dec. 27, 2010; Act No. 12738, Jun. 3, 2014; Act No. 12852, Dec. 23, 2014; Act No. 14389, Dec. 20, 2016; Act No. 15225, Dec. 19, 2017; Act No. 16104, Dec. 31, 2018; Dec. 31, 2019; Dec. 29, 2020>
1. Income generated from transferring land (referring to land falling under the land category subject to registration in the cadastral register under the Act on the Establishment, Management, etc. of Spatial Data) or a building (including facilities and structures annexed thereto);
2. Income generated from transferring any of the following real property rights:(a) Rights to acquire real estate (when a building is completed, including the rights to acquire such building and land appurtenant thereto);(b) Superficies;(c) Rights to lease on a deposit basis and leasehold interest on real estate registered;
3. Deleted; <Dec. 29, 2020>
4. Income generated from transferring any of the following assets (hereafter referred to as "other assets" in this Chapter):(a) Business rights transferred together with assets described in subparagraph 1 or 2 (including business rights deemed transferred together as being included in the assets according to socially accepted notion even if they have not been separately assessed, and economic profits made by obtaining authorization, permission, license, etc. from an administrative agency) transferred with fixed assets for business);(b) Rights to use, membership, and other rights, irrespective of their nomenclature, to use facilities issued to a person becoming a member of an organization contracted to be entitled to exclusively use the facilities or to use them on more favorable conditions than general users (where the rights to exclusively use facilities or to use them on more favorable conditions than general users are provided by only holding stocks, etc. of the corporation, such stocks, etc. shall be included);(c) Stocks, etc., where the value of the following assets comprises at least 50/100 of the value of total assets of a corporation and the oligopolistic stockholder (referring to the stockholder specified by Presidential Decree, taking into consideration the ratio of stocks, etc. held by the stockholder; hereafter referred to as "oligopolistic stockholder" in this Chapter) of the corporation transfers at least 50/100 of stocks, etc. of the corporation to any person other than the oligopolistic stockholder (including cases prescribed by Presidential Decree where any oligopolistic stockholder transfers at least 50/100 of stocks, etc. to another oligopolistic stockholder, who, in turn, transfers them a person other than an oligopolistic stockholder):(i) The value of the assets referred to in subparagraphs 1 and 2 (hereafter referred to as "real estate, etc." in this Article);(ii) The value computed by multiplying the value of any other corporation's stocks directly or indirectly held by the relevant corporation by the holding ratio of real estate, etc. of the other corporation. In such cases, the scope of other corporations and the method for calculating the holding ratio of real estate, etc., shall be prescribed by Presidential Decree;(d) Stocks, etc. of a corporation engaging in the business specified by Presidential Decree, where the sum of the values under item (c) (i) and (ii) occupies at least 80/100 of its total assets;(e) The right to relocate under Article 12 (1) 2 or 3-2 of the Act on Special Measures for Designation and Management of Development Restriction Zones, transferred alongside the assets specified in subparagraph 1 (hereinafter referred to as "relocation right"): Provided, That this shall not apply in cases where the value of such relocation right is separately assessed and reported in accordance with the method prescribed by Presidential Decree;
5. Deleted; <Dec. 29, 2020>
6. Income generated from transferring the right to receive the benefits of a trust (excluding rights to receive benefits prescribed by Presidential Decree, such as beneficiary certificates under Article 110 of the Financial Investment Services and Capital Markets Act and beneficiary interests in investment trusts under Article 189 of the same Act; hereinafter referred to as "trust beneficiary interests"): Provided, That if the control and management of the trust property is actually transferred through the transfer of the trust beneficiary interests, it shall be deemed a transfer of the trust property itself.
(2) Where Article 87-6 (1) 1 and paragraph (1) 4 of this Article are applicable at the same time, paragraph (1) 4 of this Article shall apply. <Amended on Dec. 29, 2020>[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009][Enforcement Date: Jan. 1, 2025] Article 94 (1) 3 and 5, Article 94 (2)