Article 100-3 (Eligibility for Earned Income Tax Credit Application)

A resident who has business income under Article 19 of the Income Tax Act, earned income under Article 20 of the same Act, or religious income under Article 21(1)26 of the same Act during the income tax period, and falls under the categories prescribed by Presidential Decree, may apply for the earned income tax credit for that income tax period if all of the following requirements are met. <Amended by Act No. 11602, Dec. 31, 2011; Act No. 11653, Jan. 1, 2013; Act No. 12160, Jan. 1, 2014; Act No. 12891, Dec. 23, 2014; Act No. 14467, Dec. 20, 2016; Act No. 14773, Apr. 18, 2017; Act No. 15229, Dec. 19, 2017; Act No. 16114, Dec. 24, 2018; Act No. 17860, Dec. 28, 2021; Act No. 19161, Dec. 31, 2022; Act No. 20011, Dec. 31, 2024> 1. Deleted <by Act No. 16114, Dec. 24, 2018> 2. The total annual income of the resident (including his or her spouse, hereinafter the same in this Article) shall be less than the total income threshold amount specified in the following table according to the composition of all members of a household (including the resident, hereinafter referred to as "household members" in this Article and Section 10-4), as prescribed by Presidential Decree (hereinafter referred to as the "total income threshold amount" in this Article). <img src="http://www.law.go.kr/flDownload.do?flSeq=147212273" alt="img147212273"> ┌──────┬───────┐ │Household Composition │Total Income Threshold Amount│ ├──────┼───────┤ │Single-person household │KRW 22,000,000│ ├──────┼───────┤ │Single-earner household │KRW 32,000,000│ ├──────┼───────┤ │Dual-earner household │KRW 44,000,000│ └──────┴───────┘ 3. Deleted <by Act No. 14467, Dec. 20, 2016> 4. The total value of assets owned by household members, such as land, buildings, vehicles, and deposits (hereinafter referred to as the "total household member asset value" in Section 10-4), shall be less than KRW 240,000,000.

The determination of whether one is a spouse of a resident, or a spouse of a lineal ascendant or lineal descendant shall be based on the family relation registration as per Article 9(1) of the Act on Registration of Family Relations, etc. as of the end of the relevant income tax period. However, for a spouse who died before the end of the relevant income tax period, the family relation registration as per Article 9(1) of the Act on Registration of Family Relations, etc. as of the day before the date of death shall apply. <Newly inserted by Act No. 11653, Jan. 1, 2013; Amended by Act No. 16114, Dec. 24, 2018; Act No. 17201, Dec. 31, 2019; Act No. 19161, Dec. 31, 2022>

The meanings of "single-person household," "single-earner household," and "dual-earner household" in this Article and Section 10-4 are as follows. <Newly inserted by Act No. 12160, Jan. 1, 2014; Amended by Act No. 14467, Dec. 20, 2016; Act No. 15229, Dec. 19, 2017; Act No. 17201, Dec. 31, 2019; Act No. 17746, Dec. 29, 2020; Act No. 17860, Dec. 28, 2021; Act No. 20011, Dec. 31, 2024> 1. Single-person household: A household with no spouse, dependent child, or lineal ascendant as referred to in subparagraph 2(b). 2. Single-earner household: A household falling under any of the following subparagraphs. a. A household where the spouse's total earned income, etc. under Article 3 is less than KRW 3,000,000. b. A household with a dependent child without a spouse, or a household with a lineal ascendant who meets all of the following requirements without a spouse (including the lineal ascendant of a deceased former spouse, and if the lineal ascendant remarried, including the spouse of such lineal ascendant. The same shall apply hereinafter in this subparagraph). 1) The total amount of earned income of each lineal ascendant shall be KRW 1,000,000 or less. 2) The person shall be a cohabitant on the resident registration as of the end of the relevant income tax period and shall be actually living together at the resident's address or place of residence. However, for a lineal ascendant who died before the end of the relevant income tax period, the day before the date of death shall be the 기준, and for a disabled person prescribed by Presidential Decree who temporarily left his or her original address or place of residence for medical treatment, recuperation, etc., it shall be deemed that they lived together. 3) The person shall be 70 years of age or older. However, for disabled persons prescribed by Presidential Decree, there shall be no age limit. 3. Dual-earner household: A household where the sum of the amounts in the following subparagraphs, which are earned during the income tax period of the resident and his or her spouse, are all KRW 3,000,000 or more (excluding non-taxable income and business income, earned income, or religious income prescribed by Presidential Decree, hereinafter referred to as "total earned income, etc." in this Article and Section 10-4). a. The amount of income prescribed by Presidential Decree among the business income under each subparagraph of Article 19(1) of the Income Tax Act. b. The amount of earned income under each subparagraph of Article 20(1) of the Income Tax Act. c. The amount of religious income under Article 21(1)26 of the Income Tax Act.

The ownership reference date, valuation method, and other necessary matters for the assets under paragraph (1)4 shall be prescribed by Presidential Decree. <Amended by Act No. 11653, Jan. 1, 2013; Act No. 12160, Jan. 1, 2014; Act No. 14467, Dec. 20, 2016>