| contents | |||||||||||
| 8. Tax Penalties | |||||||||||
| The penalties on failure to comply with obligations by the tax laws are as follows: | |||||||||||
| a. Penalty on Failure to File Returns | |||||||||||
| If a resident either fails to file a tax return or under-reports the relevant income, an | |||||||||||
| amount equivalent to 20% of the income unreported or under-reported will be included in | |||||||||||
| the calculation of tax amount as follows: | |||||||||||
| income amount unreported or underreported | |||||||||||
| Income amount to be properly reported | |||||||||||
| X | tax amount properly calculated | ||||||||||
| X | 20% | ||||||||||
| b. Penalty on Non-payment or Underpayment of Tax | |||||||||||
| (1) | When the income tax payable with the final return has not been paid in full, a penalty | ||||||||||
| in the amount of 0.03% of the amount shall be added to the amount of tax due, for | |||||||||||
| each day the amount remains unpaid. | |||||||||||
| (2) | When a taxpayers association fails to fully pay the income tax due within the time | ||||||||||
| required, a penalty of 5% of the unpaid amount shall be added to the amount of tax | |||||||||||
| due. When tax is not paid properly, the penalty amounts to 0.03% on the unpaid | |||||||||||
| amount per day. | |||||||||||
| c. Penalty Tax on Failures to Withhold Tax | |||||||||||
| If a person subject to tax withholding fails to withhold tax at source or fails to pay the | |||||||||||
| government tax withheld within the payment period, the larger of (1) or (2) | |||||||||||
| (1) | An amount that multiplies 0.03% by the number of unpaid days (limited to 10% of unpaid tax) | ||||||||||
| (2) | An amount equivalent to 5% of unpaid tax. | ||||||||||
| d. Penalty Tax on Failures to Report Withholding Invoices | |||||||||||
| (1) | If a concerned person fails to submit a payment report within the reporting period or | ||||||||||
| if the reported facts concerning payment are found to be unclear as specified by the | |||||||||||
| Presidential Decree, a penalty in the amount of 2% of the payment due shall be | |||||||||||
| charged. | |||||||||||
| (2) | If a concerned person fails to issue or submit a proper tax invoice regarding the | ||||||||||
| transaction involved, a penalty in the amount of 1% of the transaction shall be | |||||||||||
| charged. | |||||||||||
| e. Penalty Tax Related to Gathering Relevant Tax Invoices | |||||||||||
| (1) | If a taxpayer has an obligation to keep double entry books but fails to keep available | ||||||||||
| invoices in the form that is generally accepted (including credit card receipts) as | |||||||||||
| supporting evidence for the payment of goods received and services rendered, a | |||||||||||
| penalty may be imposed in the amount of 2% of the total value of such unsupported | |||||||||||
| transactions. The penalty may be applied even if the expense deduction is | |||||||||||
| sufficiently substantiated to be allowed. | |||||||||||
| (2) | If a taxpayer who has an obligation to keep double entry books does not submit a list | ||||||||||
| of invoices to the tax office, a penalty tax amounting to 1% of the unreported amount | |||||||||||
| shall be charged. | |||||||||||
| f. Penalty tax on failure to maintain adequate books and records | |||||||||||
| If a taxpayer operating a business fails to maintain proper books and records, such | |||||||||||
| taxpayer will be subject to penalty tax equal to 20% of the amount of tax due for the tax | |||||||||||
| year involved multiplied by the following rate "R." | |||||||||||
| R = improperly documented portion of taxable income divided by total taxable income | |||||||||||