Article 162 (Date of Transfer or Acquisition)

In the case where the date of payment for the price is unclear, etc., as prescribed by Presidential Decree, under the first part of Article 98 of the Act, it shall mean the following cases. <Amended by Presidential Decree No. 15744, Apr. 1, 1998; No. 16044, Dec. 31, 1998; No. 17071, Dec. 31, 1999; No. 17466, Dec. 31, 2001; No. 18709, Feb. 19, 2005; No. 20611, Feb. 29, 2008; No. 21995, Feb. 18, 2010; No. 22530, Dec. 30, 2010; No. 25168, Feb. 21, 2014; No. 25183, Feb. 3, 2015; No. 33075, Dec. 31, 2022; No. 34069, Dec. 30, 2024; No. 34156, Feb. 27, 2026> 1. Where the date of payment for the price is unclear, the date of receipt of registration or the date of book-entry in the register, registration book, or ledger. 2. Where the registration of transfer of ownership (including registration and book-entry) is made before payment for the price, the date of receipt of registration in the register, registration book, or ledger. 3. In the case of long-term installment payment terms prescribed by the Ordinance of the Ministry of Economy and Finance, the earlier date among the date of receipt of registration of transfer of ownership (including registration and book-entry), the date of delivery, or the date of use and profit. 4. For a building constructed by oneself, the date of issuance of the use approval certificate under Article 22 (2) of the Building Act. However, if the building is actually used before the date of issuance of the use approval certificate or if temporary use approval is obtained under Article 22 (3) 2 of the same Article, it shall be the earlier date between the date of actual use or the date of obtaining temporary use approval; and for a building constructed without a building permit, it shall be the date of actual use. 5. For assets acquired by inheritance or gift, the date of commencement of inheritance or the date of receiving the gift. 6. Where ownership of real estate is acquired under Article 245 (1) of the Civil Act, the date of commencement of possession of the relevant real estate. 7. Where expropriated for public works under the 「Act on the Acquisition and Compensation for Public Works Land, etc.」 or other Acts, the earlier date among the date of payment for the price, the date of commencement of expropriation, or the date of receipt of registration of transfer of ownership. However, if compensation money is deposited due to litigation concerning ownership, it shall be the date of final and conclusive judgment of the litigation concerning ownership. 8. In cases where assets that are not completed or finalized are transferred or acquired, and the object of the asset is not completed or finalized by the date of payment for the price, the date on which the object is completed or finalized. In this case, Article 22 (4) of the Building Act shall apply mutatis mutandis to the date of completion of a building under construction. 9. The acquisition date of land acquired by reassessment of land under the 「Urban Development Act」 or other Acts shall be the acquisition date of the land before the reassessment. However, if the area of the land received increases or decreases compared to the area of rights from the reassessment of land, the acquisition or transfer date of the land with the increased or decreased area shall be the day following the date of public announcement of the reassessment of land. 9의2. In the case where the area on the cadastral map increases due to the confirmation of boundaries under Article 18 of the 「Special Act on Cadastral Resurveys」, the acquisition date of the increased area shall be the date of acquisition of the former land on the cadastral map. 10. In cases under Article 158 (2), the date of transfer of assets shall be the date on which 50 percent or more of the total shares, etc. of the corporation are transferred by a single shareholder, a listed corporation or other shareholders, or an unlisted corporation or other shareholders. In this case, the transfer price shall be the transfer price on the date they actually transferred the shares, etc.

Deleted. <Dec. 30, 2010>

When applying Article 98 of the Act and paragraph (1) of this Article, if the acquisition date of the transferred asset is unclear, the asset acquired earlier shall be deemed to have been transferred earlier. <Amended by Presidential Decree No. 22530, Dec. 30, 2010>

"Date prescribed by Presidential Decree" in Article 8 of the Addenda to the 「Income Tax Act Amendment Law」, Act No. 4803, shall mean the dates in the following subparagraphs. <Amended by Presidential Decree No. 14465, Dec. 30, 1995; No. 16044, Dec. 31, 1998; No. 17054, Dec. 29, 2000; No. 18709, Feb. 19, 2005; No. 33034, Feb. 15, 2022; No. 34056, Dec. 31, 2024> 1. For assets under Article 94 (1) 2 and 4 of the Act, January 1, 1985. 2. Deleted. <Dec. 30, 1995> 3. For assets under Article 94 (1) 3 of the Act, January 1, 1986.