SEOUL METROPOLITAN GOVERNMENT OPERATING RULE ON TAX INVESTIGATIONS
- Enactment No. 2687, May. 01, 1995
- Partial Amendment No. 3173, Mar. 20, 2001
- Amendment of Other Laws No. 3617, Apr. 17, 2008
- Partial Amendment No. 3781, Dec. 30, 2010
- Partial Amendment No. 3804, Jun. 23, 2011
- Whole Amendment No. 4081, Apr. 07, 2016
- Amendment of Other Laws No. 4143, Feb. 23, 2017
- Amendment of Other Laws No. 4166, Jun. 01, 2017
- Amendment of Other Laws No. 4198, Jan. 18, 2018
- Partial Amendment No. 4247, Oct. 18, 2018
- Partial Amendment No. 4351, Jun. 04, 2020
Partial Amendment No. 3804, Jun. 23, 2011 | Whole Amendment No. 4081, Apr. 07, 2016 |
---|---|
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to ensure efficiency in tax investigations while safeguarding the rights and interests of taxpayers (including special collection obligors; the same shall apply hereinafter) to the maximum extent by providing for matters that shall be complied with in conducting tax investigations in connection with taxes levied by the Seoul Metropolitan Government (hereinafter referred to as "city taxes") pursuant to Article 136 of the Framework Act on Local Taxes. <Amended by Rule No. 3804, Jun. 23, 2011>
|
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to enhance efficiency in tax investigations, while maximizing protection of rights and interests of taxpayers, by prescribing rules that shall be observed in conducting tax investigations in connection with taxes levied by the Seoul Metropolitan Government (hereinafter referred to as "municipal taxes") pursuant to Article 136 of the Framework Act on Local Taxes.
|
Article 2 (Definitions)
The terms used in this Rule shall be defined as follows: <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 2 (Definitions)
The terms used in this Rule shall be defined as follows:
|
Article 3 (Basic Principles of Tax Investigation)
Every tax investigation shall be carried out in good faith in compliance with the following principles: <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 3 (Basic Principles of Tax Investigation)
Every tax investigation shall be carried out in good faith in accordance with the following principles:
|
Article 4 (Duty of Confidentiality)
No investigative officer (including his/her senior managers) shall disclose any fact known to him/her in the course of a tax investigation but not disclosed to the general public or any information that may, if disclosed, adversely affect the State, a local government, or the taxpayer concerned not only while in service, but also after retiring from office. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 4 (Duty of Confidentiality)
No investigative officer (including his/her senior managers) shall disclose any fact that becomes aware of in the course of a tax investigation but is not disclosed to the general public or any information that may, if disclosed, adversely affect the State, a local government, or the relevant taxpayer, not only while in service but also after retiring from office.
|
Article 5 (Jurisdiction over Tax Investigation)
(1) Administrative affairs related to a tax investigation shall be carried out by the head of the Gu having jurisdiction over the tax domicile of the city tax at issue pursuant to Article 5 (1) of the Seoul Metropolitan Government Framework Ordinance on Taxes: Provided, That the Mayor him/herself may carry out such administrative affairs, if necessary. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 5 (Jurisdiction over Tax Investigation)
(1) Administrative work related to a tax investigation shall be performed by the head of the Gu having jurisdiction over the tax domicile of the municipal tax at issue pursuant to Article 5 (1) of the Seoul Metropolitan Government Framework Ordinance on Taxes: Provided, That the Mayor him/herself may perform such administrative work, if necessary.
|
Article 6 (Cooperation in Tax Investigation)
(1) If cooperation from another local government is required because a taxpayer's domicile (or the address of his/her main office or principal place of business; the same shall apply hereinafter) is not within the jurisdiction over the tax domicile of his/her place of business (or his/her branch office, place of manufacturing, place of distribution, place of storage, or similar; the same shall apply hereinafter), the Mayor or the head of the competent Gu shall request the head of such another local government to cooperate in an investigation before the commencement of the investigation or while conducting the investigation, clearly stating matters in which cooperation is sought for. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 6 (Cooperation in Tax Investigation)
(1) If the Mayor or the head of a Gu needs cooperation from another local government because a taxpayer's domicile and place of business (or the address of his/her head office or principal place of business; the same shall apply hereinafter) is not within the jurisdiction over the taxpayer's tax domicile, the Mayor or the head of the Gu shall request the head of such other local government to cooperate in an investigation, before the commencement of the investigation or while conducting the investigation, clearly stating the matters for which cooperation is sought in detail.
|
Article 7 (Relationship with other Regulations, etc.)
This Rule shall take precedence over other regulations, service guidelines, etc. regarding tax investigations.
|
Article 7 (Relationship to Other Regulations, etc.)
This Rule shall take precedence over other regulations, service guidelines, etc. regarding tax investigations.
|
CHAPTER Ⅱ SELECTION OF PERSONS SUBJECT TO INVESTIGATION
Article 8 (Categorized Selection of Persons subject to Investigation)
Persons subject to investigation shall be selected after being categorized according to the level of integrity of returns filed with respect to city taxes and payment of such taxes, the type of business, and other relevant criteria.
|
CHAPTER II SELECTION OF PERSONS SUBJECT TO INVESTIGATION
Article 8 (Selection of Persons Subject to Investigation)
The persons to be subject to general investigation and persons to be subject to special investigation shall be separately selected according to the level of integrity of tax returns filed with respect to municipal taxes and of tax payments, the type of business, and other relevant criteria.
|
Article 9 (Maintaining Fairness and Validity of Selection Criteria)
In establishing criteria for the selection of persons subject to investigation, the fairness and validity of tax investigations shall be maintained by producing clear and objective criteria convincing to taxpayers.
|
Article 9 (Maintenance of Fairness and Validity of Selection Criteria)
In establishing criteria for selecting persons to be subject to investigation, the fairness and validity of tax investigations shall be maintained by applying clear and objective criteria convincing to taxpayers.
|
Article 10 (Respect for Returns Filed in Good Faith by Taxpayers)
The Mayor and the head of a Gu shall select persons subject to investigation within the minimum extent necessary for inducing taxpayers to make voluntary tax payments in good faith and for realizing fair taxation.
|
Article 10 (Respect for Compliant Tax Returns Filed by Taxpayers)
The Mayor and the head of a Gu shall select persons tobe subject to investigation within the minimum extent necessary for inducing taxpayers to voluntarily file compliant tax returns and pay taxes and for realizing fair taxation.
|
Article 11 (Persons subject to General Investigation)
(1) The Mayor and the head of a Gu shall comprehensively examine the current status of the comprehensive management of taxable sources of taxpayers and returns filed by them in writing and select persons subject to general investigation in compliance with the principles provided by this Rule. <Amended by Rule No. 3781, Dec. 30, 2010>
|
Article 11 (Persons Subject to General Investigation)
(1) The Mayor and the head of a Gu shall comprehensively examine the current status of comprehensive management of taxable sources of relevant taxpayers and tax returns filed thereby in writing to select persons to be subject to general investigation and shall select the persons to be subject to the direct investigation under paragraphs (2) and (3) in a fair manner in accordance with objective criteria, considering the type of acquisition of property, the amount of the local tax reduction or exemption, the size of business (capital, the amount of acquisition, the number of employees, etc.): Provided, That, if the number of cases subject to selection for an annual investigation exceeds 30 cases, the persons shall be selected through the Team for the Selection of Persons subject to Tax Investigation.
|
Article 12 (Persons subject to Special Investigation)
(1) A person shall be subject to special investigation, if he/she is suspected or doubted of tax evasion, in light of information or data on tax evasion, and the specific criteria for the selection thereof may be established separately.
|
Article 12 (Organization of Team for Selection of Persons Subject to Tax Investigation)
(1) The Mayor or the head of a Gu shall organize the Team for the Selection of Persons subject to Tax Investigation in order to select persons to be subject to tax investigation on a regular basis under Article 11 (1).
|
Article 12-2 (Exemption of Small, Good-Faith Enterprises, etc. from Tax Investigation)
(1) Any of the following persons with no local tax overdue as of the date of selection of persons exempt from tax investigation shall be exempted from tax investigation for three years:
|
|
CHAPTER Ⅲ CONDUCTING TAX INVESTIGATION
Article 13 (Prohibition on Double Investigation)
(1) No general investigation shall be conducted more than twice a year with regard to one and the same taxpayer: Provided, That the foregoing shall not apply when a taxpayer is suspected of tax evasion on clear evidence or where a cause or event arises to make it necessary to collect a tax before the payment deadline. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 13 (Persons Subject to Special Inspection)
(1) In any of the following cases, a person may be selected to be subject to a special inspection:
|
Article 14 (Observance of Scope of Investigation, etc.)
When an investigative officer intends to conduct a tax investigation, he/she shall determine the scope, period, and method of the investigation in advance and observe such.
|
Article 14 (Exemption of Micro or Compliant Enterprises, etc. from Tax Investigation)
(1) If any of the following persons has no delinquent local tax as at the date of selection eligibility for exemption, the person shall be exempted from tax investigations for three years:
|
Article 15 (Limitation of Place of Investigation)
A tax investigation shall be conducted at the domicile, abode, office, or place of business of a taxpayer: Provided, That the foregoing shall not apply where it is necessary to conduct an investigation at any other place for the convenience of the relevant taxpayer.
|
CHAPTER III PRACTICES OF TAX INVESTIGATIONS
Article 15 (Prohibition on Double Investigation)
(1) The same taxpayer shall not be re-investigated with regard to the same tax item or in the same taxable year, and an investigation shall be withdrawn immediately even after the investigation has begun, if it is found that the investigation constitutes double investigation: Provided, That the foregoing shall not apply in the following cases:
|
Article 16 (Limitation of Investigation Hours)
Unless there are extraordinary circumstances, a direct, face-to-face tax investigation of a taxpayer shall be conducted during the taxpayer's ordinary business hours.
|
Article 16 (Observance of Scope of Investigation, etc.)
When an investigative officer intends to conduct a tax investigation, he/she shall pre-determine the scope, period, and method of the investigation and observe such matters.
|
Article 17 (Prior Notice of Tax Investigation, etc.)
(1) When the tax authorities intend to conduct a tax investigation, it shall notify the taxpayer subject to the investigation of the tax item subject to the investigation, the reasons for the investigation, and matters specified in the subparagraphs of Article 92 (1) of the Enforcement Decree of the Framework Act on Local Taxes not later than ten days before the commencement of the investigation: Provided, That the foregoing shall not apply where it is considered impossible to accomplish the purposes of tax investigation because of possible destruction of evidence or any other cause or event, if prior notice is given. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 17 (Restriction on Expansion of Scope of Investigation)
Except in the following cases, no investigative officer shall expand the scope of investigation in the course thereof:
|
Article 18 (Period of Investigation)
The Mayor or the head of a Gu shall determine a period of investigation of not more than 20 days for each person subject to investigation in advance before commencing a tax investigation, and the period of investigation shall be as short as possible. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 18 (Methods of Investigation)
Investigations may be conducted by the following methods, based upon the scale of business of the person subject to investigation, the type of business, outcomes of the analysis of taxation data, suspected tax omissions, information about tax evasions, etc.:
|
Article 19 (Limitation on Extension of Period of Investigation)
If purposes of a tax investigation are impossible to accomplish due to a cause or event arising after the commencement of the tax investigation, the Mayor or the head of the competent Gu may extend the initially set period of investigation. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 19 (Limitation on Place of Investigation)
(1) A tax investigation shall be conducted at the domicile, abode, office, or place of business of a taxpayer: Provided, That, if a place of investigation is not available because a building is under construction or on nay other ground, a tax investigation may be conducted in either of the following places:
|
Article 20 (Prohibition of Search and Seizure)
(1) In conducting a general tax investigation (including any special investigation), to which the Punishment of Tax Evaders Act is not applicable, the tax authorities shall not search a taxpayer's residence, office, or other place, or provisionally hold any account book, document, or other material in custody: Provided, That the foregoing shall not apply to the following cases: <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 20 (Restriction on Investigation Time)
A tax investigation on a taxpayer shall be conducted face to face, during the taxpayer's business hours: Provided, That a tax investigation may be conducted before or after business hours, upon the taxpayer's request or with the taxpayer's consent, after obtaining approval thereof from the investigation manager.
|
Article 21 (Deposit of Account Books, Documents, etc.)
(1) If it is inevitable to secure evidentiary documents about a suspected offense in conducting a special investigation, the tax authorities may deposit such documents. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 21 (Prior Notice of Tax Investigation, etc.)
When it is intended to conduct a tax investigation, written notice of the matters specified in Article 92 (1) of the Enforcement Decree of the Framework Act on Local Taxes shall be given to the taxpayer to be investigated, by not later than ten days before the commencement of the investigation: Provided, That the foregoing shall not apply where it is found impracticable to attain the objectives of the tax investigation, if prior notice is given, because of the risk of destruction of evidence, etc.
|
Article 22 (Countermeasures against Investigative Officers Abusing Investigative Power, etc.)
If an investigative officer or an investigative manager abuses his/her investigative power in any manner in contravention of due process and proper methods, the Mayor or the head of the competent Gu shall take countermeasures necessary for preventing the recurrence of such abuse.
|
Article 22 (Application for Postponement of Tax Investigation)
(1) If it is impracticable for a taxpayer to whom notice of a tax investigation has been given to undergo the investigation due to a natural disaster or any of the following causes or events, he/she may file an application for the postponement of the investigation with the Mayor or the head of the relevant Gu:
|
Article 23 (Restriction on Exercise of Investigative Power and Right to Have Assistance from Specialists)
(1) The investigative power over a taxpayer subject to an investigation and persons related to such a taxpayer shall be exercised only to the extent necessary for the investigation.
|
Article 23 (Period of Investigation)
The Mayor or the head of a Gu shall pre-determine the period for an investigation within the maximum of 20 days for each person subject to investigation, and the period for investigation shall be as short as possible to prevent disruption to the taxpayer's economic activities.
|
CHAPTER Ⅳ MANAGEMENT OF INVESTIGATIONS
Article 24 (Establishment of Investigation Plans)
(1) The Mayor or the head of a Gu shall establish an annual comprehensive investigation plan, taking into consideration the workload and conditions of human resources, and examine the period, scope, method, and place of investigation and the preliminary notice of the commencement of investigation to establish an investigation plan for each person subject to investigation. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 24 (Calculation of Period for Investigation)
The period for an investigation begins on the date of commencement and ends on the date of closing, but Saturdays, official holidays, the Workers' Day under the Designation of Workers' Day Act, etc. shall be excluded from the period for the investigation.
|
Article 25 (Preparation for Investigations)
(1) When an investigative officer conducts a general investigation, he/she shall analyze and examine the following data available before commencing the investigation, define problems of the person subject to the investigation as well as the main issues of the investigation, and set the direction of the investigation so as to conduct the investigation in an efficient manner: <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 25 (Restriction on Extension of Period for Investigation)
If any of the causes or events referred to in Article 112 (1) of the Framework Act on Local Taxes arises during a tax investigation, the Mayor or the head of the relevant Gu may extend the period for the tax investigation by not more than 20 days from the day on which the cause or event ceases to exist.
|
Article 26 (Command of Investigations)
(1) All tax investigations shall be conducted under the command of an investigative manager.
|
Article 26 (Prohibition of Search, Seizure, etc.)
(1) While conducting a tax investigation, the residence, office, or any other place of a taxpayer shall not be searched, nor books of account, documents, etc. shall be seized or provisionally held in custody, unless the investigation is conducted with regard to a tax offense: Provided, That the foregoing shall not apply to any the following cases:
|
Article 27 (Commencement of Investigations, etc.)
(1) When an investigative officer commences a tax investigation, he/she shall deliver a document containing the Charter of Local Taxpayers' Rights to the relevant taxpayer. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 27 (Deposit of Books of Account, Documents, etc.)
(1) If it is crucial to secure evidentiary documents about a suspected tax omission in conducting a special investigation, the relevant tax authority may deposit such documents.
|
Article 28 (Reporting on Investigations)
(1) An investigative officer shall submit a "daily report" on matters investigated every day to the investigative manager: Provided, That if it is difficult to submit such a report due to remoteness of the place of investigation or other conditions in performance of investigation, he/she may make a report orally or by telephone and then submit a written report according to the investigative manager's instruction.
|
Article 28 (Countermeasures against Investigative Officers Abusing Investigative Power, etc.)
If an investigative officer or an investigation manager abuses his/her investigative power in any manner in contravention of due process and proper methods, the Mayor or the head of the relevant Gu shall take countermeasures necessary for preventing the recurrence of such abuse.
|
Article 29 (Management of Investigation Progress)
(1) An investigative manager in receipt of an investigation report shall instruct the direction of investigation in detail with regard to the matters to be investigated afterwards and new problems.
|
Article 29 (Restriction on Exercise of Investigative Power and Right to Have Assistance from Specialists)
(1) The investigative power over the taxpayer subject to an investigation and persons related to such taxpayer shall be exercised only to the extent necessary for the investigation.
|
Article 30 (Notice of Results of Tax Investigation)
(1) An investigative officer shall, upon completion of a tax investigation into a city tax, promptly give written notice to the taxpayer of the results of the investigation: Provided, That the foregoing shall not apply to any of the following cases: <Amended by Rule No. 3804, Jun. 23, 2011>
|
CHAPTER IV MANAGEMENT OF INVESTIGATIONS
Article 30 (Formulation of Investigation Plans)
(1) The Mayor or the head of a Gu shall formulate an annual comprehensive investigation plan, upon workload, conditions of human resources, etc. and examine the period, scope, methods, and places of investigation, the preliminary notice of the commencement of investigation, etc. to formulate an investigation plan for each person subject to investigation.
|
Article 31 (Notice of Tax Information and Development and Dissemination of Investigation Methods)
(1) Various tax information acquired in the course of investigation shall be recorded in the "tax data processing register" and tax data related to another local government or data related to national taxes shall be notified to the head of the local government or the head of the competent tax office without delay.
|
Article 31 (Preparation for Investigations)
(1) Before commencing a tax investigation, an investigative officer shall analyze and examine the following data available, define problems of the person subject to the investigation and main issues of the investigation, and set directions for the investigation, so as to conduct the investigation efficiently:
|
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
Article 32 (Code of Conduct, etc. of Investigative Officers)
(1) The identification card of each investigative officer shall be issued in Form 99 to Article 62 of the Enforcement Rule of the Framework Act on Local Taxes and shall be collected and destroyed when he/she retires from office or there is any other change. <Amended by Rule No. 3804, Jun. 23, 2011>
|
Article 32 (Direction of Investigations)
(1) All tax investigations shall be conducted under the direction of an investigation manager.
|
|
Article 33 (Commencement of Investigations, etc.)
(1) When an investigative officer commences a tax investigation, he/she shall issue a document containing the Charter of Local Taxpayers' Rights to the relevant taxpayer.
|
|
Article 34 (Reporting on Investigations)
(1) An investigative officer shall submit a daily report on matters investigated every day to the investigation manager: Provided, That, if it is impracticable to submit such a report due to remoteness of the place of investigation or other circumstances in the investigation, he/she may make a report either directly or via telephone, and then submit a written report as instructed by the investigation manager.
|
|
Article 35 (Management of Investigation Process)
(1) Upon receipt of an investigation report, the investigation manager shall instruct the direction of investigation in detail, with regard to the matters to be investigated afterwards and new problems.
|
|
Article 36 (Organization and Operation of Advisory Team on Tax Issues)
(1) In order to ensure the appropriateness of tax investigations and prevent improper taxation, the Mayor or the head of a Gu may operate an advisory team on tax issues.
|
|
Article 37 (Notice of Results of Tax Investigation)
(1) Upon completion of a tax investigation, the investigative officer shall give written notice of the results of the investigation to the taxpayer within seven days from the day on which the results of the investigation are confirmed: Provided, That it does not need to give notice of the results of a tax investigation in any of the following cases:
|
|
Article 38 (Recommendation of Taxpayers of Merit)
If an investigative officer finds, as a result of a tax investigation, that a taxpayer meets all the following criteria, he/she may recommend the taxpayer as a taxpayer of merit under the Seoul Metropolitan Government Ordinance on the Support of Exemplary Taxpayers, etc.:
|
|
Article 39 (Notice of Tax Information and Development and Dissemination of Investigative Methods)
(1) Various tax information acquired in the course of investigations shall be recorded in the tax data processing register, and notice of tax data related to another local government or data related to national taxes shall be given to the head of the local government or the head of the relevant tax office promptly.
|
|
Article 40 (Management of Tax Investigation Data)
(1) In order to prevent double tax investigation and improve efficiency in service, each investigative officer shall enter and manage the following information in the integrated tax system:
|
|
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 41 (Code of Conduct, etc. of Investigative Officers)
(1) The Mayor or the head of a Gu shall issue an identification card of a tax officer to each investigative officer in accordance with Article 62 of the Enforcement Rule of the Framework Act on Local Taxes and shall recover and destroy the identification card if the officer retires from office or there is any other change to his/her status.
|
ADDENDUM |
ADDENDA |