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COMPREHENSIVE REAL ESTATE HOLDING TAX ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/3 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. CHAPTER V SUPPLEMENTARY PROVISIONS
  3. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

The purpose of this Act is to contribute to balanced budgetary financing of local governments and sound development of the national economy through promotion of fairness in tax liabilities in relation to possession of real estate property and stabilization of real estate prices by levying comprehensive real estate holding tax on persons possessing high-amount real estate property.

Article 2Definitions

The definitions of terms used in this Act shall be as follows: <Amended on Dec. 31, 2005; Mar. 31, 2010; Jan. 19, 2016; Dec. 31, 2018, Jun. 9, 2020; Mar. 14, 2023>1. "Si/Gun/Gu" means a Si/Gun/autonomous Gu (hereinafter referred to as "Si/Gun") which is a local government as defined in Article 2 of the Local Autonomy Act;2. "The head of a Si/Gun/Gu" means the head of a Si/Gun/autonomous Gu (hereinafter referred to as "the head of a Si/Gun" who is the head of a local government;3. "Housing" means housing as defined in subparagraph 3 of Article 104 of the Local Tax Act;4. "Land" means land as defined in subparagraph 1 of Article 104 of the Local Tax Act;5. "Housing property tax" means a property tax levied on housing pursuant to Articles 105 and 107 of the Local Tax Act;6. "Land property tax" means a property tax levied on land pursuant to Articles 105 and 107 of the Local Tax Act;

7. Deleted; <Dec. 31, 2005>8. "Household" means any family member prescribed by Presidential Decree who lives together with an owner of housing or land and his or her spouse;9. "Publicly notified price" means the prices of housing and land publicly notified under the Act on the Public Announcement of Real Estate Values, which are subject to public notification under that Act; provided, where such prices are not publicly notified under that Act, prices referred to in the proviso to Article 4(1) of the Local Tax Act and paragraph (2) of that Article shall apply.

Article 3Date of taxation

The date of taxation for comprehensive real estate holding tax shall be the base date of property tax prescribed in Article 114 of the Local Tax Act. <Amended on Mar. 31, 2010>

Article 4Place for tax payment

(1) Where a taxpayer liable for comprehensive real estate holding tax is an organization which is not deemed to be an individual or a corporation, Article 6 of the Income Tax Act shall apply mutatis mutandis in determining a place for tax payment.

(2) Where a taxpayer liable to comprehensive real estate holding tax is deemed to be a corporation or an organization, Article 9(1) through (3) of the Corporate Tax Act shall apply mutatis mutandis in determining a place of tax payment. <Amended on Jun. 9, 2020>(3) Where a taxpayer liable for comprehensive real estate holding tax is a non-resident individual or foreign company, does not have a domestic place of business, and possesses housing and land, from which domestic source income is not accrued, a place of tax payment shall be a place where such housing and land are located (referring to the location of housing or land, the publicly notified land price of which is the highest where two or more plots of housing or land exists). <Added on Dec. 26, 2008>

Article 5Tax classification and amount of tax

(1) The amount of comprehensive real estate holding tax shall be determined by summing up each amount of comprehensive real estate holding tax levied, respectively, on housing and land.

(2) The amount of comprehensive real estate holding tax on land shall be determined by summing up the amount of general aggregate tax on land under Article 14(1) through (3) and the amount of special aggregate tax on land under paragraphs (4) through (6) of that Article. <Amended on Dec. 31, 2005; Jun. 9, 2020; Dec. 31, 2022>

Article 6Non-taxation

(1) The provisions of the Local Tax Act, the Act on Special Cases concerning Local Taxation or the Act on Restriction on Special Cases concerning Taxation governing non-taxation, tax exemption or reduction of property tax (hereinafter referred to as "provisions on property tax reduction and exemption") shall apply mutatis mutandis to the imposition of comprehensive real estate holding tax. <Amended on Mar. 31, 2010; Jun. 9, 2020; Dec. 23, 2025>(2) The provisions on property tax reduction and exemption under ordinances of a Si/Gun pursuant to Article 4 of the Act on Special Cases concerning Local Taxation shall apply mutatis mutandis to the imposition of comprehensive real estate holding tax. <Amended on Mar. 31, 2010; Jun, 9, 2020>(3) In applying mutatis mutandis the provisions on property tax reduction and exemption pursuant to paragraphs (1) and (2), the publicly notified price shall be determined by deducting the amount calculated by the publicly notified price multiplied by the exemption and reduction rate of property taxes (100 percentage in cases of non-taxation or exemption of taxes) from the publicly notified price of eligible housing and land. <Amended on Dec. 31, 2005; Jun. 9, 2020>(4) In cases prescribed by Presidential Decree, such as cases where it is deemed inappropriate to reduce the comprehensive real estate holding tax pursuant to the provisions on property tax reduction and exemption or separate taxation provisions under paragraph (1) and (2) for the purposes of imposing comprehensive real estate holding tax, paragraph (2) or such separate taxation provisions shall not apply in imposing the comprehensive real estate holding tax. <Amended on Dec. 31, 2018; Jun. 9, 2020>

CHAPTER II TAXATION ON HOUSING

Article 7Taxpayers

(1) Any taxpayer who is liable for property taxes on housing as at the date of taxation shall be liable to pay comprehensive real estate holding tax. <Amended on Dec. 31, 2005; Dec. 26, 2008; Aug. 18, 2020>(2) In cases of housing that is trust property registered or recorded under the name of a trustee as defined in Article 2 of the Trust Act (hereafter referred to as "trust housing"), notwithstanding paragraph (1), the trustor under that Article shall be liable to pay the comprehensive real estate holding tax; provided, in cases of trust housing purchased and owned by a regional housing association under Article 2(11)a of the Housing Act or a workplace housing association under item b of that subparagraph, or any other association prescribed by Presidential Decree for which separate taxation by trustor is impracticable (hereafter collectively referred to as "regional housing associations, etc."), with funds paid by its members, such regional housing association, etc. shall be deemed the trustor (hereafter referred to as the "trustor"). In such cases, the trustor shall be deemed to own the trust housing. <Added on Dec. 29, 2020; Dec. 23, 2025>(3) Deleted. <Dec. 26, 2008>[Amended on Dec. 26, 2008, by Act No. 9273, following a ruling of unconstitutionality by the Constitutional Court on Nov. 13, 2008]

Article 7-2Trustee’s liability for tax payment in kind concerning trust housing

Where a trustor of trust housing is in arrears with comprehensive real estate holding tax or expenses for compulsory collection falling under any of the following subparagraphs (hereafter referred to as "comprehensive real estate holding tax, etc."), and the amount collectible falls short even after compulsory collection is executed against other property of the trustor, the trustee of the relevant trust housing shall be liable to pay the trustor's comprehensive real estate holding tax, etc. from such trust housing (including any property obtained by the trustee through the management, disposition, operation, or development of the relevant trust housing that belongs to the trust property pursuant to Article 27 of the Trust Act). <Amended on Dec. 23, 2025>1. Comprehensive real estate holding tax for which the statutory date arrives pursuant to Article 35(2) of the Framework Act on National Taxes on or after the date of creating the trust and which have been incurred in relation to the trust housing;

2. Expenses for compulsory collection incurred while executing compulsory correction on the amounts referred to in subparagraph 1.[This Article Added on Dec. 29, 2020]

Article 8Tax bases

(1) The tax base for comprehensive real estate holding tax on housing shall be determined by multiplying the fair market value ratio prescribed by Presidential Decree within the range from 60/100 to 100/100, in consideration of the real estate market situation, financial conditions, etc. by the amount which remain after deducting the following amounts from the aggregate amount of publicly notified prices of housing held by each taxpayer; provided, if the amount is less than zero, it shall be deemed zero. <Amended on Dec. 31, 2022; Apr. 18, 2023>1. One homeowner in one household prescribed by Presidential Decree (hereinafter referred to as "one homeowner in one household"): 1.2 billion won;

2. A corporation subject to the tax rated falling under the items of Article 9(2)3 or an organization deemed a corporation: 0 won;

3. Any person that does not fall under subparagraphs 1 and 2: 0.9 billion won.

(2) Any of the following housing shall be deemed excluded in the scope of housing subject to aggregation of tax base under paragraph (1): <Added on Dec. 31, 2005; Dec. 26, 2008; Jun. 7, 2011; Aug. 28, 2015; Jun. 9, 2020>1. Private rental housing under the Special Act on Private Rental Housing, public rental housing under the Special Act on Public Housing, or multi-unit rental housing specified by Presidential Decree, which is prescribed by Presidential Decree in consideration of the rental period, number of housing units, price, scale and other factors;

2. Housing, other than housing provided for in subparagraph 1, prescribed by Presidential Decree which does not meet the purposes of imposing comprehensive real estate holding tax, such as a dormitory and employee housing for providing employees with a residence, unsold housing units which are constructed and owned by a housing construction business operator, housing for home-based nurseries, a single housing, etc. located in areas, other than the Seoul Metropolitan Area as defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act. In such cases, this shall be limited to housing, for which tax liabilities accrue during the period from January 1, 2009 to December 31, 2011 if such housing is a single housing located in an area, other than the Seoul Metropolitan Area.

(3) A taxpayer who owns any housing under paragraph (2) shall report his or her holding status of the relevant housing to the head of the district tax office having jurisdiction over the place of tax paid (hereinafter referred to as "head of the competent district tax office") from September 16th and September 30th of the relevant year, as prescribed by President Decree. <Added on Jan. 11, 2007; Jun. 9, 2020>(4) For the purpose of paragraph (1), where a taxpayer falls under any of the following cases, he or she shall be deemed to be one homeowner in one household: <Amended on Sep. 15, 2022>1. Where the taxpayer owns a single house (excluding where a taxpayer owns appurtenant land to housing only) and appurtenant land to another house (referring to appurtenant land where the owners of a housing building and appurtenant land thereto are different persons);

2. Where one homeowner in one household temporarily holds two houses as he or she purchases a substitute housing before transfer, which is prescribed by Presidential Decree;

3. Where the taxpayer owns a single house and one house prescribed by Presidential Decree as an inherited house (hereinafter referred to as an "inherited house");

4. Where the taxpayer owns a single house and a low-priced house located in a local area prescribed by Presidential Decree (hereinafter referred to as a "low-priced house in a local area") in consideration of the location and value of the house.

(5) A taxpayer who intends to be governed by paragraph (4)2 through 4 shall make a request to the head of the competent tax office from September 16th and September 30th of the relevant year, as prescribed by Presidential Decree. <Added on Sep. 15, 2022>[Amended on Dec. 26, 2008, by Act No. 9273, following a ruling of unconstitutionality by the Constitutional Court on Nov. 13, 2008]

Article 9Tax rates and amounts of tax

(1) The amount of comprehensive real estate holding tax on housing shall be the amount calculated by multiplying the tax base by the following applicable tax rate (hereinafter referred to as "amount of comprehensive real estate holding tax on housing") based on the number of houses owned by a taxpayer as follows: <Amended on Dec. 31, 2018, Aug. 18, 2020; Dec. 31, 2022>1. Where a taxpayer owns less than two houses┌────────────┬───────────────────────┐│ Tax Base │ Tax Rate │├───────┼───────────────────────┤│ 300 million won or less │ 5/1000 │├───────┼───────────────────────┤│ Exceeding 300 million won up to 600 million won │ 1.5 million won + (7 per 1,000 of the amount exceeding 300 million won) │├───────┼───────────────────────┤│ Exceeding 600 million won up to 1.2 billion won │ 3.6 million won + (10/1,000 of the amount exceeding 600 million won) │├───────┼───────────────────────┤│ Exceeding 1.2 billion won up to 2.5 billion won │ 9.6 million won + (13 per 1,000 of the amount exceeding 1.2 billion won) │├───────┼───────────────────────┤│ Exceeding 2.5 billion won but not exceeding 5 billion won │ 26.5 million won + 15/1000 of the amount exceeding 2.5 billion won │├───────┼───────────────────────┤│ Exceeding 5 billion won up to 9.4 billion won │ 64 million won + (20 per 1,000 of the amount exceeding 5 billion won) │├───────┼───────────────────────┤│ Exceeding 9.4 billion won │ 152 million won + (27 per 1,000 of the amount exceeding 9.4 billion won) │└──────────┴────────────────┘2. Where a taxpayer owns more than three houses┌────────────┬───────────────────────┐│ Tax Base │ Tax Rate │├───────┼───────────────────────┤│ 300 million won or less │ 5/1000 │├───────┼───────────────────────┤│ Exceeding 300 million won up to 600 million won │ 1.5 million won + (7 per 1,000 of the amount exceeding 300 million won) │├───────┼───────────────────────┤│ Exceeding 600 million won up to 1.2 billion won │ 3.6 million won + (10/1,000 of the amount exceeding 600 million won) │├───────┼───────────────────────┤│ Exceeding 1.2 billion won up to 2.5 billion won │ 9.6 million won + (20 per 1,000 of the amount exceeding 1.2 billion won) │├───────┼───────────────────────┤│ Exceeding 2.5 billion won up to 5 billion won │ 35.6 million won + (30 per 1,000 of the amount exceeding 2.5 billion won) │├───────┼───────────────────────┤│ Exceeding 5 billion won up to 9.4 billion won │ 110.6 million won + (40 per 1,000 of the amount exceeding 5 billion won) │├───────┼───────────────────────┤│ Exceeding 9.4 billion won │ 286.6 million won + (50 per 1,000 of the amount exceeding 9.4 billion won) │└──────────┴────────────────┘(2) Where a taxpayer is a corporation or an organization deemed a corporation, notwithstanding paragraph (1), the amount of comprehensive real estate holding tax on housing shall be the amount calculated by multiplying the tax base by the following applicable tax rate: <Added on Aug. 18, 2020; Dec. 29, 2020; Dec. 31, 2022; Apr. 18, 2023>1. In cases where a public service corporation, etc. defined in Article 16 of the Inheritance Tax and Gift Tax Act (hereafter in this Article, referred to as a "public service corporation, etc.") owns only houses directly used for its public service projects and cases prescribed by Presidential Decree in consideration of the characteristics of the projects, such as public housing project operators, etc. under Article 4 of the Special Act on Public Housing: The tax rates falling under paragraph (1)1;

2. A public service corporation, etc. that does not fall under subparagraph 1: The tax rates falling under the subparagraph of paragraph (1);

3. Cases other than subparagraphs 1 and 2: The following tax rates:a. In cases of owning not more than two houses: 27/1,000;b. in cases of owning more than three houses: 50/1,000.

(3) In calculating the tax base on housing, the amount of property taxes levied on the relevant taxable housing (where a tax rate increased or decreased under Article 111(3) of the Local Tax Act is applied, referring to the amount of tax to which such tax rate applies; and where ceilings of tax burden apply under Article 122 of the same Act, referring to the amount of tax to which such upper ceilings apply) shall be deducted from the amount of comprehensive real estate holding tax on the housing. <Added on Dec. 31, 2005; Dec. 26, 2008; Mar. 31, 2010>(4) In calculating the amount of comprehensive real estate holding tax on housing, matters necessary concerning the calculation of the number of houses and tax credits, etc. for the property tax on housing shall be prescribed by Presidential Decree. <Added on Dec. 31, 2005; Dec. 31, 2018; Jun. 9, 2020>(5) When a taxpayer of comprehensive real estate holding tax on housing is one homeowner in one household, the amount of such comprehensive real estate holding tax on housing shall be the amount which remains after deducting tax credits granted to one homeowner in one household under paragraphs (6) through (9) from the amount of tax calculated under paragraphs (1), (3), and (4). In such cases, paragraphs (6) through (9) may apply concurrently, within the scope of 80/100 of the total deduction rates. <Added on Dec. 26, 2008>(6) A tax credit for one homeowner in one household who is above the age of 60 as at the date of taxation shall be determined by multiplying the amount of tax calculated under paragraphs (1), (3), and (4) by the following deduction rate under each age category: <Added on Dec. 26, 2008; May 27, 2009; Aug. 18, 2020; Sep. 15, 2022>┌────────────┬───────────────────────┐│ Age │ Deduction Rate │├───────┼───────────────────────┤│ At least 60 years of age but under 65 years of age │ 20/100 │├───────┼───────────────────────┤│ At least 65 years of age but under 70 years of age │ 30/100 │├───────┼───────────────────────┤│ At least 70 years of age │ 40/100 │└──────────┴────────────────┘(7) Where a person above the age of 60 who is one homeowner in one household falls under any subparagraph of Article 8(4) as at the date of taxation, notwithstanding paragraph (6), the tax credit for one homeowner in one household shall be determined by multiplying the amount calculated by subtracting the following calculated tax (referring to the amount calculated in proportion to the aggregate of publicly notified prices) from the amount of tax calculated under paragraphs (1), (3), and (4) by the deduction rate under each age category based on Appendix under paragraph (6) under each age category: <Amended on Sep. 15, 2022>1. In cases falling under Article 8(4)1: The calculated tax for the appurtenant land of a house (where owners for a house and an appurtenant land thereto are different persons, referring to the appurtenant land);

2. In cases falling under Article 8(4)2: The calculated tax for the substitute housing before transferring one house;

3. In cases falling under Article 8(4)3: The calculated tax for the inherited house;

4. In cases falling under Article 8(4)4: The calculated tax for the low-priced house in a local area.

(8) A tax credit for a person who has held the relevant housing as one homeowner in one household for at least five years as at the date of taxation shall be determined by multiplying the amount of tax calculated under paragraphs (1), (3), and (4) by the following deduction rate depending on the period of holding: <Added on Sep. 15, 2022>┌────────────┬───────────────────────┐│ Holding Period │ Deduction Rate │├───────┼───────────────────────┤│ At least 5 years but under 10 years │ 20/100 │├───────┼───────────────────────┤│ At least 10 years but under 15 years │ 40/100 │├───────┼───────────────────────┤│ At least 15 years │ 50/100 │└──────────┴────────────────┘(9) Where a person who has held the relevant house as one homeowner in one household for at least five years as at the date of taxation falls under any of the subparagraphs of Article 8(4), notwithstanding paragraph (8), the tax credit for one homeowner in one household shall be determined by multiplying the amount by subtracting the calculated tax falling under the subparagraphs of paragraph (7) (referring to the amount calculated in proportion to the aggregate of the publicly notified prices) from the amount of tax calculated under paragraphs (1), (3), and (4) by the deducting rate depending on the period of holding specified in Appendix under paragraph (8). <Added on Sep. 15, 2022>[Amended on Dec. 26, 2008, by Act No. 9273, following a ruling of unconstitutionality by the Constitutional Court on Nov. 13, 2008]

Article 10Upper limits on tax burden

Where the amount of taxes calculated in accordance with Presidential Decree, which is the aggregate of the amount equivalent to the property tax on housing (in cases of trust housing, referring to the amount equivalent to the property tax on housing to be paid by the taxpayer subject to the property tax) and the amount equivalent to comprehensive real estate holding tax on housing (hereafter in this Article, referring to as "amount equivalent to total tax on housing") the taxpayer subject to comprehensive real estate holding tax is obliged to pay for the relevant year exceeds 150/100 of the amount equivalent to total tax on housing of the immediately preceding year computed in accordance with Presidential Decree, notwithstanding Article 9, the excess shall be deemed to be non-existent; provided, the same shall not apply where a taxpayer is a corporation or an organization deemed a corporation and the tax rates falling under the items of Article 9(2)3 apply: <Amended on Dec. 31, 2005; Dec. 26, 2008; Dec. 31, 2018; Aug. 18, 2020; Dec. 29, 2020; Dec. 31, 2022; Apr. 18, 2023>1. Deleted; <Dec. 31, 2022>2. Deleted: <Dec. 31, 2022>a. Deleted; <Aug. 18, 2020>b. Deleted. <Aug. 18, 2020>

Article 10-2Special cases concerning tax liability of single-house owners under joint names

(1) Notwithstanding Article 7(1), where one of household members owns one house jointly with his or her spouse as at the date of taxation and the relevant household member and other household members do not hold any other house (excluding housing prescribed by Presidential Decree among housing falling under any of the subparagraphs of Article 8(2)), which are prescribed by Presidential Decree, a person prescribed by Presidential Decree from among the person holding one house jointly with his or her spouse and his or her spouse (hereinafter referred to as a "single-house owners under joint names") may be a taxpayer on the relevant house.

(2) A taxpayer who intends to be governed by paragraph (1) shall make a request to the head of the competent district tax office from September 16th and September 30th of the relevant year, as prescribed by Presidential Decree.

(3) In applying paragraph (1), the tax base under Article 8 and the tax rate and the amount of tax under Article (9) shall be calculated for single-house owners under joint names as if the single-house owners under joint names were deemed one homeowner in one household.

(4) In applying paragraphs (1) through (3), the calculation of tax base on the relevant house, tax rate and the amount of tax, methods for calculating upper limits on tax burden, imposition procedures and other necessary matters shall be prescribed by Presidential Decree.[This Article Added on Dec. 29, 2020]

CHAPTER III TAXATION ON LAND

Article 11Methods of taxation

Comprehensive real estate holding tax on land located in Korea shall be imposed by classifying it into land subject to general aggregate taxation under Article 106(1)1 of the Local Tax Act (hereinafter referred to as "land subject to general aggregate taxation") and land subject to special aggregate taxation under Article 106(1)2 of the same Act (hereinafter referred to as "land subject to special aggregate taxation"). <Amended on Mar. 31, 2010>

Article 12Taxpayers

(1) A taxpayer subject to property tax on land as of the date of taxation who falls under any of the following subparagraphs is liable to pay comprehensive real estate holding tax on the relevant land: <Amended on Dec. 31, 2005; Dec. 26, 2008>1. Where the land is subject to general aggregate taxation, a person for whom the aggregate of publicly notified prices for the relevant taxable land which is domestically located exceeds 500 million won;

2. Where the land is subject to special aggregate taxation, a person for whom the aggregate of publicly notified prices for the relevant taxable land which is domestically located exceeds 8 billion won.

(2) In cases of land that is trust property registered or recorded under the name of a trustee (hereafter referred to as "trust land"), notwithstanding paragraph (1), the trustor (in cases of trust land purchased and owned by a regional housing association, etc. with funds paid by its members, referring to the relevant regional housing association, etc.; hereafter the same shall apply) shall be liable to pay the comprehensive real estate holding tax. In such cases, the trustor shall be deemed to own the trust land. <Added on Dec. 29, 2020; Dec. 23, 2025>[Amended on Dec. 26, 2008, by Act No. 9273, following a ruling of unconstitutionality by the Constitutional Court on Nov. 13, 2008]

Article 12-2Trustee’s liability for tax payment in kind concerning trust land

Where a trustor of trust land is in arrears with comprehensive real estate holding tax, etc. falling under any of the following subparagraphs, and the amount collectible falls short even after compulsory collection is executed against other property of the trustor, the trustee of the relevant trust land shall be liable to pay the trustor's comprehensive real estate holding tax, etc. from such trust land (including any property obtained by the trustee through the management, disposition, operation, or development of the relevant trust land that belongs to the trust property pursuant to Article 27 of the Trust Act): <Amended on Dec. 23, 2025>1. Comprehensive real estate holding tax for which the statutory date arrives pursuant to Article 35(2) of the Framework Act on National Taxes on or after the date of creating the trust and which have been incurred in relation to the trust land;

2. Expenses for compulsory collection incurred while executing compulsory correction on the amounts referred to in subparagraph 1.[This Article Added on Dec. 29, 2020]

Article 13Tax bases

(1) The tax base for comprehensive real estate holding tax on land subject to general aggregate taxation shall be determined by multiplying the amount which remains after deducting 500 million won from the aggregate amount of publicly notified prices of relevant taxable lands by taxpayer by the fair market value ratio prescribed by Presidential Decree within a range from 60/100 to 100/100, in consideration of real estate market conditions, financial situations, etc. <Amended on Dec. 26, 2008>(2) The tax base for comprehensive real estate holding tax on land subject to special aggregate taxation shall be determined by multiplying the amount which remains after deducting 8 billion won from the aggregate amount of public notified prices of relevant taxable lands by taxpayer by the fair market value ratio prescribed by Presidential Decree within a range from 60/100 to 100/100, in consideration of real estate market conditions, financial situations, etc. <Amended on Dec. 26, 2008>(3) Where the amount in paragraph (1) or (2) is less than zero, such amount shall be deemed zero.

Article 14Tax rates and amounts of tax

(1) The amount of comprehensive real estate tax on land subject to general aggregate taxation shall be the amount calculated by applying the following tax rates to the tax base (hereinafter referred to as "amount of general aggregate taxation on land"): <Amended on Dec. 31, 2018>┌────────────┬───────────────────────┐│ Tax Base │ Tax Rate │├───────┼───────────────────────┤│ Not exceeding 1.5 billion won │ 10/1000 │├───────┼───────────────────────┤│ Exceeding 1.5 billion won up to 4.5 billion won │ 15 million won + (20/1000 of the amount exceeding 1.5 billion won) │├───────┼───────────────────────┤│ Exceeding 4.5 billion won │ 75 million won + (30/1000 of the amount exceeding 4.5 billion won) │└──────────┴────────────────┘(2) Deleted. <Dec. 26, 2008>(3) The amount of property tax imposed on the relevant taxable land (where a tax rate increased or decreased under Article 111(3) of the Local Tax Act is applied, referring to the amount of tax to which such tax rate applies; and where ceilings of tax burden apply under Article 122 of the same Act, referring to the amount of tax to which such ceilings apply) with regard to the tax base for land subject to general aggregate taxation shall be deducted from the amount of general aggregate tax on land. <Added on Dec. 31, 2005; Dec. 26, 2008; Mar. 31, 2010>(4) The amount of comprehensive real estate holding tax on land subject to special aggregate taxation shall be an amount (hereinafter referred to as "amount of special aggregate tax on land") calculated by applying the following tax rates to the tax base: <Amended on Dec. 26, 2008>┌────────────┬───────────────────────┐│ <Tax Base> │ <Tax Rate> │├───────┼───────────────────────┤│ Not exceeding 20 billion won │ 5/1000 │├───────┼───────────────────────┤│ Exceeding 20 billion won up to 40 billion won │ 100 million won + (6/1000 of the amount exceeding 20 billion won) │├───────┼───────────────────────┤│ Exceeding 40 billion won │ 220 million won + (7/1000 of the amount exceeding 40 billion won) │└──────────┴────────────────┘(5) Deleted. <Dec. 26, 2008>(6) In calculating the tax base for land subject to special aggregate taxation, the amount of property tax imposed on the relevant taxable land (where a tax rate increased or decreased under Article 111(3) of the Local Tax Act is applied, referring to the amount of tax to which such tax rate applies; and where ceilings of tax burden apply under Article 122 of the same Act, referring to the amount of tax to which such ceilings apply) shall be deducted from the amount of special aggregate tax on land. <Added on Dec. 31, 2005; Dec. 26, 2008; Mar. 31, 2010>(7) Matters necessary regarding tax credits, etc. for property tax on land in calculating the amount of comprehensive real estate holding tax on land shall be prescribed by Presidential Decree. <Added on Dec. 31, 2005; Jun. 9, 2020>

Article 15Upper limits on tax burden

(1) Where the amount of taxes calculated in accordance with Presidential Decree, which is the aggregate of the amount equivalent to the property tax (in cases of trust land, referring to the amount equivalent to the property tax that is obliged to pay in relation to land subject to general aggregate taxation by a taxpayer) and the amount equivalent to general aggregate taxation on land (hereafter in this Article, referred to as the "amount of total tax on land subject to general aggregate taxation") a taxpayer subject to comprehensive real estate holding tax is obliged to pay in relation to land subject to general aggregate taxation for the relevant year exceeds 150/100 of the amount of tax calculated as prescribed by Presidential Decree, which is the amount equivalent to total taxon land subject to general aggregate taxation imposed to the relevant taxpayer in the immediately preceding year, notwithstanding Article 14(1), the excess shall be deemed non-existent. <Amended on Dec. 31, 2005; Dec. 26, 2008; Dec. 29, 2020>(2) Where the amount of taxes calculated in accordance with Presidential Decree, which is the aggregate of the amount equivalent to the property tax (in cases of trust land, referring to the amount equivalent to the property tax that is obliged to pay in relation to land subject to special aggregate taxation by a taxpayer) and the amount equivalent to special aggregate taxation on land (hereafter in this Article, referred to as the "amount of total tax on land subject to special aggregate taxation") a taxpayer subject to comprehensive real estate holding tax is obliged to pay in relation to land subject to special aggregate taxation for the relevant year exceeds 150/100 of the amount of tax calculated as prescribed by Presidential Decree, which is the amount equivalent to total taxation on land subject to general aggregate taxation imposed to the relevant taxpayer in the immediately preceding year, special Article 14(1), the excess shall be deemed non-existent. <Amended on Dec. 31, 2005; Dec. 26, 2008; Dec. 29, 2020>

CHAPTER IV IMPOSITION AND COLLECTION

Article 16Imposition and collection

(1) The head of the competent tax office shall determine the due amount of comprehensive real estate holding tax, impose and collect the taxes during the period of December 1st through December 15th of the relevant year (hereinafter referred to as "payment period"). <Amended on Jun. 9, 2020>(2) Where the head of the competent tax office intends to collect comprehensive real estate holding taxes, he or she shall indicate the tax base and the amount of tax on the notice of tax payment by distinguishing between housing and land, and issue such notice five days prior to the commencement of the payment period. <Amended on Dec. 29, 2020>(3) Notwithstanding paragraphs (1) and (2), a taxpayer who intends to pay comprehensive real estate holding tax on a self-assessment basis shall file a return on the tax base of comprehensive real estate holding tax and the amount of tax to the head of the competent tax office by the period of December 1 through December 15 of the relevant year, as prescribed by Presidential Decree. In such cases, decisions made under paragraph (1) shall be deemed non-existent. <Amended on Jun. 9, 2020>(4) A taxpayer who files a tax return under paragraph (3) shall pay comprehensive real estate holding tax to the head of the competent tax office, the Bank of Korea or postal service office within a payment deadline in accordance with Presidential Decree. <Amended on Jun. 9, 2020>(5) Necessary matters concerning imposition procedures and collection of comprehensive real estate holding tax under paragraphs (1) and (2) shall be determined by Presidential Decree.[This Article Wholly Amended on Jan. 11, 2007]

Article 16-2Special cases on payment concerning liability for tax payment in kind

(1) The head of the competent tax office who has jurisdiction on a trustor liable to pay comprehensive real estate holding tax pursuant to Article 7(2) or 12(2) intends to collect comprehensive real estate holding tax, etc. subject to the trustor from a trustee pursuant to Article 7-2 or 12-2, he or she shall issue the notice of tax payment by indicating the following matters; in such cases, he or she shall notify such fact to the head of the competent tax office having jurisdiction over the address or domicile of the trustee and the trustor:

1. The period of taxation, the amount of tax and grounds for the calculation thereof;

2. Payment deadline and place of payment;

3. Other matters necessary for the collection of comprehensive real estate holding tax, etc.

(2) Even though the trustor, who is a taxpayer, waives or transfers his or her right to receive benefits of trust or transfers trust property after payment notice is issued pursuant to paragraph (1), such waiver or transfer shall not affect the liability for tax payment for the part notified pursuant to paragraph (1).

(3) Where a trustee of trust property is changed, a new trustee shall succeed the tax liability notified to his or her predecessor pursuant to paragraph (1).

(4) The head of the competent tax office having jurisdiction over a trustor, who is a taxpayer pursuant to paragraph (1), may collect comprehensive real estate holding tax, etc. of the trustor from the current trustee of the relevant trust property pursuant to Articles 7-2 and 12-2 based on the creation date of trust on the first trustee.

(5) In cases of forced collection of trust property under the National Tax Collection Act, notwithstanding Article 35(1) of the Framework Act on National Taxes, a trustee shall have a preferential right to be reimbursed for expenses or profitable expenses incurred in the preservation or improvement of trust property in accordance with Article 48(1) of the Trust Act.

(6) In addition to the matters prescribed in paragraphs (1) through (5), matters necessary to impose tax liability for payment in kind shall be prescribed by Presidential Decree.[This Article Added on Dec. 29, 2020]

Article 17Determination and reassessment

(1) Where it is necessary to newly impose comprehensive real estate holding tax due to an omission in taxable subject matter, violation of law, errors, etc. or to reassess taxes already imposed, the head of the competent district tax office or the commissioner of the competent regional tax office (hereinafter referred to as "the head of the competent regional tax office") may re-impose or re-collect taxes. <Amended on Jan. 11, 2007>(2) Where any omission or error exists in a tax return filed by a person under Article 16(3), the head of the competent tax office or the commissioner of the competent regional tax office shall reassess the tax base and the amount of tax for the current year. <Amended on Jan. 11, 2007>(3) Where any omission or error is found in the determined or reassessed tax base and amount of tax after such determination and reassessment are made, the head of the competent tax office or the commissioner of the competent regional tax office shall reassess the same. <Amended on Dec. 26, 2008>(4) Where grounds for reassessment under paragraphs (2) and (3) fall under grounds for changing the amount of tax of property tax or for occasional assessment under Article 115(2) of the Local Tax Act, the head of the competent tax office or the commissioner of the competent regional tax office shall reassess the tax base and amount of tax of comprehensive real estate holding tax, as prescribed by Presidential Decree. <Amended on Dec. 26, 2008; Mar. 31, 2010>(5) In any of the following cases, the head of the competent tax office or the commissioner of the competent regional tax office shall additionally collect the amount of tax reduced or exempted and the additional amount equivalent to interest thereon, as prescribed by Presidential Decree. <Added on Dec. 26, 2008; Jun. 7, 2011; Sep. 15, 2022; Dec. 23, 2025>1. Where rental housing referred to in Article 8(2)1, housing for home-based nurseries referred to in Article 8(2)2, or any other housing prescribed by Presidential Decree as inappropriate for the purpose of imposing comprehensive real estate holding tax, among housing excluded from housing subject to aggregation of tax bases under Article 8(2), subsequently ceases to satisfy such requirements;

2. Where a taxpayer who is deemed one homeowner in one household pursuant to Article 8(4)2 fails to comply with such requirements afterwards.

Article 18

Deleted. <Jan. 11, 2007>

Article 19

Deleted. <Mar. 2, 2016>

Article 20Payment in installment

Where the amount of comprehensive real estate holding tax exceeds 2.5 million won, the head of the competent district tax office may allow a taxpayer to pay, in part, his or her due taxes in installment within six months from the date on which the payment deadline expires, as prescribed by Presidential Decree. <Amended on Dec. 26, 2008; Dec. 31, 2018; Jun. 9, 2020>

Article 20-2Deferment of payment

(1) Where a taxpayer who satisfies all of the requirements under the following subparagraphs applies for a deferral of payment of the amount of comprehensive real estate holding tax on housing by not later than three days prior to the expiration of the payment deadline, the head of the competent tax office may grant such deferral. In such cases, the taxpayer who has applied for the deferral of payment shall provide security equivalent to the amount of comprehensive real estate holding tax on housing for which payment is to be deferred: <Amended on Mar. 14, 2025>1. The taxpayer shall be a single-household, single-home owner as of the taxation base date (including a single-home owner under joint ownership pursuant to Article 10-2);

2. Where he or she shall be the age over 60 or has held the relevant house over five years as at the time of taxation;

3. Where he or she shall meet any of the following income standards:a. The total amount of salaries of the preceding taxable period shall be not more than 70 million won (limited to those who have wage and salary income only or has wage and salary income and global income that is not added to tax base of global income);b. The amount of global income that is added to tax base of global income of the preceding taxable period is not more than 60 million won (limited to those whose total amount of salaries of the preceding taxable period does not exceed 70 million won);

4. Where the amount of comprehensive real estate holding tax on housing of the relevant year shall exceed one million won.

(2) Upon receipt of the application under paragraph (1), the head of the competent tax office shall notify a taxpayer of whether to permit the deferment of payment by the expiration of payment deadline, as prescribed by Presidential Decree.

(3) Where a taxpayer whose payment of comprehensive real estate holding tax on housing is deferred pursuant to paragraph (1) falls under any of the following cases, the head of the competent tax office shall revoke the permission thereof:

1. Where the taxpayer transfers or gives the relevant housing to another person;

2. Where inheritance commences due to the death;

3. Where the taxpayer fails to meet the requirement under paragraph (1)1;

4. Where the taxpayer fails to comply with the order of the head of the competent tax office, which is necessary for the change of security or the preservation of security;

5. Where the taxpayer falls under any of the subparagraphs of Article 9(1) of the National Tax Collection Act and it is deemed impracticable to collect the total amount of tax in relation to the deferment of payment;

6. Where the taxpayer pays the amount of tax deferred.

(4) Where the permit to defer the payment is revoked pursuant to paragraph (3), the head of the competent tax office shall promptly notify the fact to the taxpayer (where the taxpayer deceased, referring to his or her heir or a trustee of his or her inheritance; hereafter in this Article, the same shall apply).

(5) Where the head of the competent tax office revokes the permit to defer payment of comprehensive real estate holding tax on housing pursuant to paragraph (3), he or she shall collect the amount of tax whose payment is deferred and the additional amount equivalent to interest thereon from the relevant taxpayer, as prescribed by Presidential Decree; provided, a heir or a trustee of inheritance shall have a liability to pay the amount of tax whose payment is deferred and the additional amount equivalent to interest thereon to the extent his or her inheritance.

(6) The head of the competent tax office shall not impose additional taxes for deferred payment under Article 47-4 of the Framework Act on National Taxes during the period from the date on which the payment deadline has passed for the year where the deferment of payment is permitted pursuant to paragraph (1) to the date when the amount of tax to be collected pursuant to paragraph (5) is notified.

(7) In addition to the matters prescribed in paragraphs (1) through (6), matters concerning the procedures, etc. necessary for the deferment of payment shall be prescribed by Presidential Decree.[This Article Added on Dec. 15, 2022]