Article 81-10 (Penalty for Failure to Submit Tax Invoices, etc.)

A business operator (excluding small-scale business operators prescribed by Presidential Decree) shall pay, as a penalty, an amount determined by the following categories to the comprehensive income tax amount determined for the relevant taxation period, in cases falling under any of the following subparagraphs: 1. When all or part of the information prescribed by Presidential Decree is not entered, or is entered falsely, in a tax invoice (including an electronic tax invoice referred to in the latter part of paragraph (1) of Article 163; hereinafter the same applies in this Article) issued in accordance with paragraph (1) or (2) of Article 163 (excluding the portion to which subparagraph 2 applies): 1/100 of the supply value 2. In cases falling under any of the following items in relation to the submission of a statement of tax invoices by sales and purchase supplier prescribed by paragraph (5) of Article 163 (hereinafter referred to as "statement of tax invoices" in this item) (excluding the sales or purchase value of the portion to which subparagraph 4 applies): The amount determined by the following items a. When the statement of tax invoices is not submitted in accordance with paragraph (5) of Article 163: 5/1,000 of the supply value (in the case of submission within one month after the deadline for submission, 3/1,000 of the supply value) b. When all or part of the information that should be entered as prescribed by Presidential Decree is not entered, or is entered falsely, in the submitted statement of tax invoices (excluding the sales or purchase value of the portion where transaction facts are confirmed according to the method prescribed by Presidential Decree in cases where the entries in the statement of tax invoices were made in error): 5/1,000 of the supply value 3. In cases falling under any of the following items in relation to the submission of a statement of tax invoices by purchase supplier prescribed by Article 54 of the Value-Added Tax Act (hereinafter referred to as "statement of tax invoices by purchase supplier") (excluding the purchase value of the portion to which subparagraph 4 applies): The amount determined by the following items a. When the statement of tax invoices by purchase supplier is not submitted in accordance with paragraph (1) of Article 163-2: 5/1,000 of the supply value (in the case of submission within one month after the deadline for submission, 3/1,000 of the supply value) b. When the statement of tax invoices by purchase supplier is submitted, and all or part of the information that should be entered in the statement of tax invoices by purchase supplier is not entered, or is entered falsely (excluding the purchase value of the portion where transaction facts are confirmed according to the method prescribed by Presidential Decree in cases where the entries in the statement of tax invoices by purchase supplier were made in error): 5/1,000 of the supply value 4. In cases falling under any of the following items: 2/100 of the supply value (in applying item a, when a person required to issue an electronic tax invoice under paragraph (1) of Article 163 issues a tax invoice other than an electronic tax invoice, and when a tax invoice under paragraph (1) or (2) of the same Article is issued by January 25 of the year following the year in which the taxation period containing the supply date of the relevant goods or services falls, after the issuance period prescribed by paragraph (7) of the same Article, it shall be 1/100) a. When a tax invoice under paragraph (1) or (2) of Article 163 is not issued at the issuance period prescribed by paragraph (7) of the same Article b. When a tax invoice under paragraph (1) or (2) of Article 163, a credit card sales receipt under subparagraph 3 of paragraph (2) of Article 160-2, or a cash receipt under subparagraph 4 of the same paragraph (hereinafter referred to as "tax invoice, etc." in this item) is issued without supplying goods or services c. When a tax invoice, etc. is issued or received without receiving goods or services d. When a tax invoice, etc. is issued in the name of a person other than the actual supplier of goods or services when supplying goods or services e. When a tax invoice, etc. is issued in the name of a person other than the actual supplier of goods or services when receiving goods or services 5. When transmitting the issuance details of electronic tax invoices to the Commissioner of the National Tax Service by the 25th of the month following the end of the taxation period in which the supply date of goods or services falls, after the deadline prescribed by paragraph (8) of Article 163 (excluding the portion to which subparagraph 4 applies): 3/1,000 of the supply value (for the portion of goods or services supplied before December 31, 2016, by a business operator under subparagraph 1 of paragraph (1) of Article 163, and for the portion of goods or services supplied before December 31, 2018, by a business operator under subparagraph 2 of the same paragraph, it shall be 1/1,000, respectively) 6. When the issuance details of electronic tax invoices are not transmitted to the Commissioner of the National Tax Service by the 25th of the month following the end of the taxation period in which the supply date of goods or services falls, after the deadline prescribed by paragraph (8) of Article 163 (excluding the portion to which subparagraph 4 applies): 5/1,000 of the supply value (for the portion of goods or services supplied before December 31, 2016, by a business operator under subparagraph 1 of paragraph (1) of Article 163, and for the portion of goods or services supplied before December 31, 2018, by a business operator under subparagraph 2 of the same paragraph, it shall be 3/1,000, respectively)

The penalties under paragraphs (1) and (2) shall apply even if there is no calculated comprehensive income tax amount.