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Value-added Tax Act — Article 3 (Persons Liable to Pay Tax)

부가가치세법 제3조

This English translation is based on the Korean text effective 2024-01-01. The Korean law has since been amended (current version effective 2026-01-02) — check the Korean original.

(1) Any individual, corporation (including the State, a local government, or a local government association), unincorporated association or foundation, or other organization that falls under any of the following subparagraphs shall be liable to pay the value-added tax as prescribed by this Act: <Amended on Dec. 22, 2020>

1. An entrepreneur;

2. A person who imports goods.

(2) Notwithstanding paragraph (1), when a person supplies goods or services relating to trust property prescribed by Presidential Decree (hereinafter referred to as "trust property"), the trustee defined in Article 2 of the Trust Act (hereafter in this Article, and Articles 3-2, 8, 10 (9) 4, 29 (4), 52-2, and 58-2 referred to as "trustee") shall be liable to pay value-added taxes as a person liable pay taxes for each trust property. <Newly Inserted on Dec. 22, 2020; Dec. 8, 2021>

(3) Notwithstanding paragraphs (1) and (2), a trustor defined in Article 2 of the Trust Act (hereafter in this Article, Articles 3-2, 10 (8) and (9) 4, 29 (4), and 52-2 referred to as "trustor" ) shall be liable to pay value-added taxes: <Newly Inserted on Dec. 22, 2020; Dec. 8, 2021>

1. Where goods or services relating to trust property are supplied in the name of the trustor;

2. Where a trustor has de facto control over the trust property, as prescribed by Presidential Decree;

3. Other cases prescribed by Presidential Decree, taking into consideration the type of trust, the contents of the establishment of the trust, the duties of a trustee, the scope of trust affairs, etc.

(4) Where two or more trustees (hereinafter referred to as a " joint trustee") exist for a trust property, to which a trustee becomes liable to pay taxes under paragraph (2), the joint trustees shall be jointly and severally liable to pay value-added tax. In such cases, a trustee who mainly performs the trust affairs (hereinafter referred to as the "representative trustee") from among the joint trustees shall report and pay value-added tax. <Newly Inserted on Dec. 22, 2020>

(5) Except as provided in paragraphs (2) through (4), matters necessary for applying liability to pay taxes relating to trust shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2020>

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