| contents | |||||||||||
| 5. Tax Base and Assessment | |||||||||||
| a. Tax Base | |||||||||||
| (1) Calculation of tax base | |||||||||||
| (a) Principle for calculating the tax base | |||||||||||
| The tax base of value-added tax for the supply of goods or services is an | |||||||||||
| aggregate amount of the value as specified under the following. However, | |||||||||||
| value-added tax is not to be included in the base. | |||||||||||
| i) If the supply is for a monetary consideration, its consideration | |||||||||||
| ii) If the supply is for a non-monetary consideration, its open market value | |||||||||||
| iii) If the actual consideration is considered to be unduly less than that which | |||||||||||
| might reasonably be expected or if there is no consideration, its open market | |||||||||||
| value | |||||||||||
| iv) In the case of the inventory goods at the time of the closing down of a | |||||||||||
| business, the open market value of the inventory goods | |||||||||||
| (b) Conversion of foreign currency | |||||||||||
| Conversion methods for monetary consideration for foreign currency or other | |||||||||||
| foreign exchange: | |||||||||||
| i) In the case of conversion before the time of supply, the converted amount | |||||||||||
| ii) In the case of conversion after the time of supply, an amount calculated based | |||||||||||
| on the basic rate or cross rate of customers at the time of supply | |||||||||||
| (2) Special cases | |||||||||||
| (a) In the case of sales in installments or sales on deferred payment plans, the tax | |||||||||||
| base is each part of the consideration receivable under the contract. | |||||||||||
| (b) In the case of credit sales, the tax base is the total amount of supplied goods. | |||||||||||
| (c) In the case of supply of goods or services on the condition of payment based on | |||||||||||
| work completed, or interim payments, or in the case of continuous supply of goods | |||||||||||
| or services, each part of the consideration receivable under the contract becomes | |||||||||||
| the tax base. | |||||||||||
| (3) Tax base for self-supply | |||||||||||
| In the case of ordinary self-supply, the open market price of the goods is the tax | |||||||||||
| base. However, in the case of self-supply of depreciable goods, the market price is | |||||||||||
| one of the following. | |||||||||||
| (a) Buildings or construction structures | |||||||||||
| Tax Base = Acquisition Price * | |||||||||||
| (1 - 5/100 * Number of Taxable Periods Elapsed Following Acquisition) | |||||||||||
| (b) Other depreciable goods | |||||||||||
| Tax Base = Acquisition Price * | |||||||||||
| (1 - 25/100 * Number of Taxable Periods Elapsed Following Acquisition) | |||||||||||
| (c) Calculation of the number of taxable periods elapsed following acquisition | |||||||||||
| i) If the goods are acquired (or if exempt from the value-added tax during a | |||||||||||
| taxable period), the acquisition (or exemption) shall be deemed to have occurred | |||||||||||
| on the commencement date of the taxable period. | |||||||||||
| ii) The number of taxable periods elapsed applicable to the tax base is limited to | |||||||||||
| 20 for buildings and construction structures, and four for other depreciable | |||||||||||
| goods. | |||||||||||
| (4) Amounts included and not included in the tax base | |||||||||||
| (a) The following amounts are excluded from the tax base: | |||||||||||
| i) the amount of discount, | |||||||||||
| ii) the value of returned goods, | |||||||||||
| iii) the value of goods broken, lost or damaged before they are delivered, and | |||||||||||
| iv) national or public subsidies excluding subsidies directly linked to the price of supply. | |||||||||||
| (b) The amounts of discount, bad debt, bounty or other similar amounts in relation to | |||||||||||
| the value of supply after the supply of goods or services, is included in the tax base. | |||||||||||
| (5) Tax base for the importation of goods | |||||||||||
| The tax base for the importation of goods is an aggregate of the price on which | |||||||||||
| customs duties are chargeable, the customs duties, the special excise tax, the | |||||||||||
| liquor tax, the education tax, and the transportation tax thereon. The price on which | |||||||||||
| the customs duties are chargeable is the normal arrival price (CIF price). | |||||||||||
| b. Tax Rate | |||||||||||
| (1) The current rate | |||||||||||
| The rate of value-added tax is 10%. | |||||||||||
| (2) Application of the tax rate | |||||||||||
| Where the tax rate is applicable on the VAT exclusive price, the 10% rate is applied. | |||||||||||
| However, in the case of application on the VAT inclusive price of the retailers, the tax | |||||||||||
| rate becomes 10/110. Where VAT is not separately collected at the time of the | |||||||||||
| transaction, the tax rate of 10/110 is applicable on the VAT inclusive price. | |||||||||||
| c. Collection at Transaction | |||||||||||
| The value-added tax will be collected where a trader supplies goods or services. It is | |||||||||||
| computed by multiplying the tax base to the tax rate. | |||||||||||
| d. Amount Payable | |||||||||||
| (1) Computation of tax amount | |||||||||||
| The amount of value-added tax is computed by deducting the input tax amount under | |||||||||||
| the following items from the output tax amount chargeable on the goods or services | |||||||||||
| supplied by the taxpayer. The input tax which exceeds the output tax is refundable. | |||||||||||
| (a) The tax on the supply of goods or services that a trader has used or intends to | |||||||||||
| use for his business | |||||||||||
| (b) The tax on the importation of goods that a trader has used or intends to use for | |||||||||||
| his business | |||||||||||
| (2) Input taxes not deductible | |||||||||||
| The input taxes are not deducted from the output tax where: | |||||||||||
| (a) a trader has not received a tax invoice, has not submitted to the government an | |||||||||||
| aggregate summary of the tax invoices of every individual supplier, has not recorded | |||||||||||
| the whole or in part the necessary items to be recorded, or where the contents of the | |||||||||||
| tax invoices are proved to be different from the facts (However, where a trader | |||||||||||
| submits the tax invoice received with a revised return on the tax base under the | |||||||||||
| Basic Law for National Taxes, or where a person whose tax base and tax amount | |||||||||||
| payable or refundable are corrected by the head of a tax office submits to the | |||||||||||
| government the tax invoice and sales slips of credit card and is certified by the head | |||||||||||
| of the tax office, the input tax amount shall be deducted from the output tax amount.); | |||||||||||
| (b) the input tax amount of expenses are not directly related to the business; | |||||||||||
| (c) the input tax amount on the purchase and maintenance of small automobiles | |||||||||||
| except for those used in transportation business; | |||||||||||
| (d) the input tax amount on the supply of goods or services is exempted (including | |||||||||||
| the input tax amount in relation to investment); | |||||||||||
| (e) the amount of entertainment expenses or similar expenses are provided in the | |||||||||||
| Presidential Decree; or | |||||||||||
| (f) the input tax amount is levied at least 20 days before the registration. | |||||||||||
| (3) Deemed input tax deduction | |||||||||||
| In the event where value-added tax is chargeable (e.g. where a trader who carries | |||||||||||
| on all the taxable businesses supplies the goods produced or processed by using | |||||||||||
| agricultural, livestock, marine, or forest products, the supply of which is exempted | |||||||||||
| from value-added tax as raw materials), an amount that is computed by multiplying | |||||||||||
| 2/102, (3/103 in case of restaurant businesses) may be deducted from the output tax | |||||||||||
| amount. | |||||||||||
| (4) Bad debts tax deduction | |||||||||||
| In the case where a taxable trader has supplied taxable goods or services on credit | |||||||||||
| but could not collect the account receivables for the supply because the receiver of | |||||||||||
| the supply has dishonored a bill, has become bankrupt, etc., and the trader has | |||||||||||
| treated the account receivables as bad debts, the VAT on the goods or services | |||||||||||
| should be arranged as follows. | |||||||||||
| (a) The supplier may deduct the uncollected VAT from the output tax amount for the | |||||||||||
| VAT period on which the day of the determination of bad debts falls: | |||||||||||
| Deductible VAT = Bad Debts * 10/110 | |||||||||||
| (b) The government shall collect the VAT amount already deducted from the | |||||||||||
| supplier's output VAT from the person who received the supply. | |||||||||||
| e. Tax Invoice and Bookkeeping | |||||||||||
| (1) Tax Invoice | |||||||||||
| (a) Contents of invoice | |||||||||||
| When a registered trader supplies goods or services, he or she shall issue an | |||||||||||
| invoice to the other party. The contents of the invoice shall contain: | |||||||||||
| i) the registration number and the name of the individual or corporation trader; | |||||||||||
| ii) the registration number of the other party to the supply; | |||||||||||
| iii) the value of the supply and value-added tax thereon; | |||||||||||
| iv) the date, month and year of issuance of the tax invoice; and | |||||||||||
| v) other particulars as prescribed by the Presidential Decree. | |||||||||||
| (b) Receipts | |||||||||||
| A trader who carries on businesses such as retail outlets, ordinary restaurants, | |||||||||||
| hotels, passenger transport, etc. may issue a tax invoice in which the name of | |||||||||||
| the other party to the supply and the amount of value- added tax are not recorded | |||||||||||
| separately ("receipts"). | |||||||||||
| (2) Bookkeeping | |||||||||||
| (a) A trader is required to maintain accounting records of all transactions at each | |||||||||||
| business place. | |||||||||||
| (b) Mixed transactions | |||||||||||
| Where a trader supplies exempt goods or services together with taxable goods | |||||||||||
| or services, he or she should separately enter the transaction information into the | |||||||||||
| books. | |||||||||||
| (c) Keeping record | |||||||||||
| A trader should keep the books in which the transactions are recorded and the | |||||||||||
| tax invoices or receipts issued or received for a period of five years from the date | |||||||||||
| of the final return for the taxable period in which the transactions are filed. | |||||||||||
| (d) Tax invoices for transactions through a consignee or agent | |||||||||||
| In the case of consignment sales or sales through an agent, the consignee or | |||||||||||
| agent shall issue the tax invoice. Where the goods are delivered directly by the | |||||||||||
| consignor or the principal the tax invoice shall be issued. In the case of | |||||||||||
| consignment purchases or purchases through an agent, the supplier shall issue | |||||||||||
| the tax invoice to the consignor or principal, In both cases, the registration | |||||||||||
| number of the consignee or agent shall be recorded additionally in the invoices. | |||||||||||
| (e) Monthly issue of tax invoice | |||||||||||
| Where deemed necessary, the trader may prepare and issue a tax invoice by | |||||||||||
| aggregating the total receivables of transactions of all parties to the end of the | |||||||||||
| month. | |||||||||||
| (f) Adjustment of tax invoice | |||||||||||
| Where there is an error or needs to make corrections in the submitted tax invoice | |||||||||||
| after the issuance of the tax invoice, the trader shall re-prepare and re-issue the | |||||||||||
| tax invoice. | |||||||||||
| (g) Exemption from obligations to issue tax invoice | |||||||||||
| Persons carrying on one of the following businesses are exempt from the | |||||||||||
| obligation to prepare and issue tax invoices: | |||||||||||
| i) self-supply of goods, personal use of goods, donation for a business | |||||||||||
| purpose, supply at the time of closing down of a business, and self-supply of | |||||||||||
| services; or | |||||||||||
| ii) exportation of goods, supply of services abroad, and other specific supplies | |||||||||||
| of goods or services earning foreign currency that are subject to zero-rating. | |||||||||||
| (h) Prevention of double issuance of tax invoice and credit card receipts | |||||||||||
| When a retailer issued credit card receipts, additional issuance of a tax invoice | |||||||||||
| is not allowed. | |||||||||||
| (i) Tax invoice at the time of importation | |||||||||||
| When importing goods, customs collectors are required to prepare and issue tax | |||||||||||
| invoices in accordance with the provisions of the Customs Law. | |||||||||||
| (3) Cash Register | |||||||||||
| (a) Installation | |||||||||||
| Traders who carry on retail businesses, ordinary restaurants, hotels, and other | |||||||||||
| similar businesses shall install a cash register and issue tax invoices on which | |||||||||||
| the consideration for the supply is recorded. | |||||||||||
| (b) Deemed bookkeeping and taxation on the basis of cash receipts | |||||||||||
| In the case where a trader issues tax invoices and keeps tapes of audit, he or | |||||||||||
| she is deemed to have performed his obligation of bookkeeping and issuance of | |||||||||||
| receipts. In relation to a taxpayer that has installed a cash register, value-added | |||||||||||
| tax may be chargeable based on cash receipts. | |||||||||||