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SEOUL METROPOLITAN GOVERNMENT OPERATING RULE ON TAX INVESTIGATIONS
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>
1. The term "tax investigation" means an investigative officer's activities of questioning a taxpayer or any other person or examining, investigating, or inspecting account books, documents, or other articles with the authority to conduct inquiries and inspections under Article 136 of the Framework Act on Local Taxes: Provided, That investigations into offenses under the Punishment of Tax Evaders Act shall not be included herein; <Amended by Rule No. 3804, Jun. 23, 2011>
2. The term "investigative officer" means a tax officer who is ordered by the Mayor or the head of a Gu to conduct a tax investigation on a certain taxpayer; <Amended by Rule No. 3804, Jun. 23, 2011>
3. The term "general investigation" means an investigation into whether requirements for levying a local tax on a certain taxpayer are met or the tax base amount or the tax rate applied to a certain taxpayer is appropriate; <Amended by Rule No. 3804, Jun. 23, 2011>
4. The term "special investigation" means a tax investigation conducted in accordance with a separate plan where it is difficult to produce actual results by conducting a general investigation in view of the method of evading a tax or the scale of tax evasion; <Amended by Rule No. 3804, Jun. 23, 2011>
5. The term "direct investigation" means a tax investigation conducted by visiting a taxpayer's office, factory, residence, or other place to investigate the taxpayer or persons related to the taxpayer face to face; <Amended by Rule No. 3804, Jun. 23, 2011>
6. The term "documentary investigation" means an investigation into whether a local tax paid or levied is appropriate by examining a return filed or a document submitted by a taxpayer. <Amended by Rule No. 3804, Jun. 23, 2011>

Article 2 (Definitions) The terms used in this Rule shall be defined as follows:
1. The term "tax investigation" means an investigative officer's activities of questioning a taxpayer or a person who has a relationship with the taxpayer or examining, investigating, or inspecting books of account, documents, and other articles under Article 136 of the Framework Act on Local Taxes, which shall be divided into general investigations and special investigations;
2. The term "investigative officer" means a tax officer to whom a tax investigation of a specific taxpayer is delegated by the Mayor or the head of a Gu;
3. The term "general investigation" means an investigation conducted on a regular basis to ascertain whether requirements for levying a local tax on a specific taxpayer are met, whether the tax base or the tax rate applied to a specific taxpayer is appropriate, whether non-taxation or tax reduction or exemption is appropriate (hereinafter referred to as "appropriateness of taxation"), etc.;
4. The term "special investigation" means a tax investigation conducted occasionally in accordance with a separate plan, where it is impracticable to produce actual results by conducting a general investigation;
5. The term "direct investigation" means a tax investigation conducted by visiting a taxpayer's office, factory, place of business, residence, or other place to investigate the taxpayer or a person who has a relationship with the taxpayer, face to face to verify the appropriateness of taxation;
6. The term "documentary investigation" means an investigation conducted to verify the appropriateness of taxation based upon a tax return or documents submitted by a taxpayer, in addition to a direct investigation or an on-site investigation;
7. The term "overall investigation" means an investigation conducted to verify the overall appropriateness of taxation for the period subject to tax investigation;
8. The term "partial investigation" means an investigation conducted to verify the appropriateness of taxation on a specific item or on part of a transaction;
9. The term "administrative work for a tax investigation" means a series of administrative work carried out in connection with a tax investigation, including the selection of the person to be subject to an investigation, the formulation of an investigation plan, the notification of outcomes of the investigation, a decision made according to outcomes of the investigation or a correction thereof, and follow-up management;
10. The term "on-site investigation" means activities of an investigation conducted to ascertain whether requirements for non-taxation or tax reduction or exemption are met, whether the case is subject to heavy taxation, etc., by visiting the place where taxable goods are situated or any other place.

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>
1. Principle of good faith: <Amended by Rule No. 3804, Jun. 23, 2011>
Every tax investigation shall be executed in good faith, and in particular, no disposition shall be made against a taxpayer in contravention of the rules already publicized;
2. Principle of documentary taxation:
Every tax investigation and the exercise of tax-levying power shall be based on objective evidence, such as a corporate accounting books and evidencing materials related thereto, and shall be convincing to taxpayers;
3. Principle of proportionate investigation:
Every tax investigation shall be conducted within the minimum extent necessary for accomplishing the purpose of the tax investigation;
4. Principle of separate investigation of each taxpayer:
Every tax investigation shall be conducted separately in view of the level of integrity of returns filed, the type of business, and other objective criteria.

Article 3 (Basic Principles of Tax Investigation) Every tax investigation shall be carried out in good faith in accordance with the following principles:
1. Principle of good faith:
Every tax investigation shall be executed in good faith, and in particular, no action shall be taken against a taxpayer in contravention of any of the rules already published;
2. Principle of documentary taxation:
Every tax investigation and the exercise of tax-levying power shall be based on objective evidence, such as corporate books of account and evidentiary materials related thereto, and shall be convincing to taxpayers;
3. Principle of proportionality in investigation:
Every tax investigation shall be conducted only to the minimum extent necessary for attaining the objectives of the tax investigation;
4. Principle of separate investigation of each taxpayer:
Every tax investigation shall be conducted separately in view of the level of integrity of tax returns filed, the type of business, and other objective criteria.

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>
(2) The Mayor or the head of a Gu may request the head of another local government to conduct a tax investigation, if it is found necessary in carrying out a tax investigation pursuant to paragraph (1). <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.
(2) The Mayor or the head of a Gu may conduct a tax investigation jointly with public officials of another local government, if he/she finds it necessary in conducting the tax investigation under paragraph (1).

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>
(2) The Mayor or the head of a Gu in receipt of a request from the head of another local government for cooperation shall promptly conduct an investigation and notify him/her the results thereof.

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.
(2) When The Mayor or the head of a Gu completes an investigation upon request for cooperation from the head of another local government, he/she shall promptly give notice of results thereof.

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>
(2) In principle, general investigation shall be conducted on the basis of documents, but any of the following persons may be subjected to direct investigation: <Amended by Rule No. 3781, Dec. 30, 2010>
1. A person who fails to submit an answer to a written inquiry or who provides a false answer to such inquiry;
2. A person who has acquired real property worth not less than one billion won during the latest five years;
3. A person who has had not less than ten million won of local taxes exempted or reduced during the latest five years;
4. A person whose other taxable but omitted sources are discovered.
(3) Taxpayers may be excluded from investigation to the extent that does not undermine fairness, if necessary for the prevention of double investigations of an identical taxpayer, creation of a climate for voluntary tax payment, and the efficient support for economic and social policies. <Amended by Rule No. 3781, Dec. 30, 2010; Rule No. 3804, Jun. 23, 2011>

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.
(2) In principle, the head of a Gu shall conduct a general investigation in the form of a documentary investigation but may conduct a direct investigation in any of the following cases:
1. Where a person fails to submit documents for the documentary investigation or submits documents made dishonestly;
2. Where a person acquired real property worth at least one billion won, during the latest five years;
3. Where a person has been granted an exemption or reduction of local taxes of at least ten million won during the latest five years.
(3) If it is necessary for preventing double investigation of the same taxpayer, creating a climate for voluntary tax payment, supporting economic and social policies efficiently, etc., certain taxpayers may be excluded from those subject to investigation to the extent that such exclusion does not undermine fairness.
(4) The Mayor may select persons to be subject to general investigation, from among the persons referred to in any subparagraph of Article 5 (6) of the Seoul Metropolitan Government Framework Ordinance on Municipal Taxes, to conduct direct investigations.

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.
(2) Selecting persons subject to special investigation pursuant to paragraph (1) shall be made in accordance with objective criteria after comprehensive analysis of the details of voluntary payments made so far.

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).
(2) The Selection Team shall be comprised of seven members, including one team leader, the head of the division in charge of tax investigation shall serve as team leader, and the following persons shall serve as team members:
1. Three at least Grade-V (or Grade-VI in cases of an autonomous Gu) public officials in charge of local taxes;
2. Three outside members of the Local Taxes Deliberation Committee or three persons commissioned by the Mayor or the head of the relevant Gu from among persons who have abundant knowledge and experience in local taxes.
(3) A majority of current members of the Selection Team shall constitute a quorum at a meeting, and any determination thereof shall require the concurring vote of at least two-thirds of those present.

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:
1. A person who has acquired real property worth less than one billion won during the latest five years;
2. A person selected as a taxpayer of merit pursuant to subparagraph 3 of Article 2 of the Seoul Metropolitan Government Ordinance on Support of Exemplary Taxpayers, etc.;
3. A small enterprise under Article 2 (2) of the Framework Act on Small and Medium Enterprises or a small business proprietor under subparagraph 2 of Article 2 of the Act on Special Measures for Development of Small and Micro Enterprises: Provided, That a small enterprise or a small business proprietor who has acquired real property worth not less than two billion won during the latest five years shall be excluded herefrom.
(2) Notwithstanding paragraph (1), a person shall not be subject to exemption from tax investigation in any of the following cases:
1. If a corporation registered as a construction business entity has performed construction works worth not less than ten billion won in contract prices during a year;
2. If a corporation has more than 50 employees;
3. If any other taxable but omitted source has been discovered.
[This Article Newly Inserted by Rule No. 3781, Dec. 30, 2010]


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>
(2) When the Mayor or the head of a Gu establishes a plan for general investigation, he/she shall take measures necessary for preventing double investigation.

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:
1. In any of the cases referred to in Article 110 (2) of the Framework Act on Local Taxes;
2. Where it is necessary to conduct a tax investigation due to an amendment to an Act related to a local tax or a change in a judicial precedent, guidelines, or an authoritative interpretation related to this Act;
3. Where it is found, in the course of guidance and supervision under Article 167 of the Local Autonomy Act, that a person is suspected to have made any tax omission in an autonomous Gu that shall levy and collect taxes of the Seoul Metropolitan Government with delegated authority;
4. Where the head of a Gu requests a special inspection or where the Mayor concludes that it is impracticable to attain the objectives of a tax inspection by conducting a general inspection due to any of the reasons referred to in subparagraphs 1 through 3.
(2) If the number of persons to be subject to special investigation under paragraph (1) or the number of cases subject to the selection for an annual investigation does not exceed 30 cases, the Mayor or the head of a Gu shall select persons to be subject to investigation fairly in accordance with a separate plan and objective criteria, taking into consideration the type of tax omission, the type of acquisition of property, the amount of exemption or reduction of local taxes, the size of business (capital, the amount of acquisition, the number of employees, etc.), and other factors.

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:
1. A person who has acquired real property worth less than one billion won, during the latest five years;
2. A person selected as a taxpayer of merit pursuant to subparagraph 3 of Article 2 of the Seoul Metropolitan Government Ordinance on the Support of Exemplary Taxpayers, etc.;
3. A small enterprise defined by Article 2 (2) of the Framework Act on Small and Medium Enterprises or a micro enterprise defined by subparagraph 2 of Article 2 of the Act on Special Measures for Development of Small and Micro Enterprises: Provided, That a small enterprise or a micro enterprise who has acquired real property worth at least two billion won, during the latest five years shall be excluded herefrom.
(2) Notwithstanding paragraph (1), a person shall not be eligible for the exemption from tax investigations in either of the following cases:
1. If a corporation registered as a construction business entity performs construction works worth at least ten billion won in contract prices during a year;
2. If a corporation has more than 50 employees.

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:
1. In any of the cases referred to in Article 108 (2) of the Framework Act on Local Taxes;
2. When an on-site inspection prescribed in subparagraph 10 of Article 2 is conducted.
(2) When the Mayor or the head of a Gu formulates a plan for general investigations, he/she shall take measures necessary for preventing double investigation.
(3) Where a taxpayer who has undergone a partial investigation becomes subject to a comprehensive investigation, the part into which the partial investigation has been conducted shall be deemed to have been investigated.

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>
(2) A taxpayer who receives notice under paragraph (1) may, if he/she has difficulty in undergoing a tax investigation due to any of the following causes or events, file an application for the postponement of the investigation with the Mayor or the head of the competent Gu: <Amended by Rule No. 3804, Jun. 23, 2011>
1. If the taxpayer has severe difficulty in business due to a fire or any other disaster;
2. If the taxpayer is found to have difficulty in responding to the tax investigation because the taxpayer or his/her tax agent is ill or away on a long business trip or due to any other cause or event;
3. If account books or supporting documents are seized or held provisionally in custody by an agency with authority;
4. If any cause or event similar to those under subparagraphs 1 through 3 arises.
(3) A person who intends to have a tax investigation postponed pursuant to paragraph (2) shall file an application with the Mayor or the head of the competent Gu, describing the following matters: <Amended by Rule No. 3804, Jun. 23, 2011>
1. The name and address or abode of the person who intends to have the tax investigation postponed;
2. The period during which he/she intends to have the tax investigation postponed;
3. The reason why he/she intends to have the tax investigation postponed;
4. Other necessary matters.
(4) The Mayor or the head of the competent Gu in receipt of an application under paragraph (3) shall make a decision on whether to permit the postponement and shall give notice of the decision by the date of commencement of the investigation. <Amended by Rule No. 3804, Jun. 23, 2011>
[This Article Wholly Amended by Rule No. 3173, Mar. 20, 2001]

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:
1. If a highly probable and suspected tax omission or an error in the application of tax law is related to another taxable period or tax item and thus requiring investigation;
2. If an investigation is to be conducted into an offense specified in Section 2 of Chapter II;
3. If it is necessary on any other ground to expand the scope of tax investigation because of a highly probable and suspected tax omission.

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.:
1. Where an overall investigation is conducted: Inspection of the books of accounts kept and recorded by the taxpayer and evidentiary documents (including electronic records) related to such books of account; inspection of real things for examining the veracity of such books of account; investigation on customers and on-site inspection;
2. Where a partial investigation is conducted: The methods of investigation under subparagraph 1 shall apply mutatis mutandis where a tax evasion is suspected in regard to a specific item or part.

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:
1. The place designated by the taxpayer, such as the office of the taxpayer's tax agent or legal representative;
2. Any other place specified by an agreement between the investigative officer and the taxpayer.
(2) When an investigative officer intends to conduct a tax investigation at a place referred to in any subparagraph of paragraph (1), he/she shall pre-consult with the taxpayer thereon.

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>
1. Where it is discovered that an offense is being committed;
2. Where evidence of an offense, such as secret account books, is discovered.
(2) In the case of the proviso to paragraph (1), the investigative officer shall immediately report the relevant fact and shall take measures to switch the investigation to an investigation into a tax offense.
(3) When the tax authorities intend to provisionally hold account books, documents, or other materials in custody pursuant to the proviso to paragraph (1), they shall issue the receipt of articles provisionally held (Form 1) and the list of articles provisionally held (Form 2).

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>
(2) When the tax authorities intend to deposit account books, documents, or other materials pursuant to paragraph (1), they shall issue the receipt of articles deposited (Form 3) and the list of articles deposited (Form 4). <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:
1. If the taxpayer has business hardship due to a fire or any other disaster;
2. If it is impracticable for the taxpayer to undergo the tax investigation because of illness or a long business trip of the taxpayer or his/her tax manager or any other cause or event;
3. If books of accounts or evidentiary documents are seized or held provisionally in custody by the relevant authority;
4. If the taxpayer is undergoing an investigation conducted by the State or any other local government in regard to taxation, finance, accounting, or any other matter;
5. If any cause or event similar to those referred to in subparagraphs 1 through 4 arises.
(2) A person who wishes to have a tax investigation postponed under paragraph (1) shall file an application with the Mayor or the head of the relevant Gu, stating the following matters:
1. The name and address or abode of the person who wishes to have the tax investigation postponed;
2. The period during which the person wishes to have the tax investigation postponed;
3. The ground on which the person wishes to have the tax investigation postponed;
4. Other necessary matters.
(3) Upon receipt of an application referred to in paragraph (2), the Mayor or the head of a Gu shall determine whether to postpone the investigation and shall notify the applicant of the determination before the investigation begins.
(4) When the period of postponement of a tax investigation ends, the Mayor or the head of the relevant Gu shall commence the investigation promptly: Provided, That the Mayor or the head of a Gu may commence a tax investigation even before the end of the period of postponement, if the cause of postponement ceases to exist or if it is necessary to conduct an investigation urgently because of the risk of destruction of evidence or in order to secure earlier tax claims.

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.
(2) When a taxpayer becomes subject to a tax investigation with regard to a local tax, he/she may have an attorney-at-law, certified public accountant, certified tax accountant, certified management consultant, or a person who has expertise in taxation attend the investigation or express his/her opinion. <Amended by Rule No. 3804, Jun. 23, 2011>
[This Article Wholly Amended by Rule No. 3173, Mar. 20, 2001]


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>
(2) When the Mayor intends to establish an investigation plan under paragraph (1), he/she shall collect an annual investigation plan for each person subject to investigation from each Gu and establish a joint tax investigation plan of the Metropolitan Government and Gus so as to protect taxpayers from being subjected to double investigation.
[This Article Wholly Amended by Rule No. 3173, Mar. 20, 2001]

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>
1. Details of the voluntary tax payment;
2. Computer-processed data;
3. Data from administrative agencies;
4. Information and data collected from other sources.
(2) An investigative officer shall define problems discovered in the course of preparation for an investigation, prepare a "report on preparation for investigation," and submit the report to the investigative manager.
(3) An investigative manager shall set the direction of an investigation in advance so as to ensure the efficient execution of the investigation and shall show the direction to the relevant investigative officers in detail.

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.
(2) If an investigative manager is unable to command investigations for a lengthy period, a person acting on behalf of the investigative manager shall become the 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:
1. Where it is found that an offense is being committed;
2. Where a suspected offender is likely to escape or destroy evidence and time is insufficient for issuance of a search or seizure warrant.
(2) In any of the cases falling in the proviso to paragraph (1), the investigative officer shall report the case immediately and shall take measures to convert the investigation into an investigation of a tax offense.
(3) When a tax authority intends to seize or hold books of account, documents, etc. held in custody under the proviso to paragraph (1), it shall issue a receipt of articles seized or held in custody (attached Form 1) and a list of articles seized or held in custody (attached Form 2).

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>
(2) When an investigative officer conducts a tax investigation, he/she shall always carry with him/her a certificate proving his/her authority (Form 99 to Article 62 of the Enforcement Rule of the Framework Act on Local Taxes) and shall produce it to people concerned. <Amended by Rule No. 3804, Jun. 23, 2011>
[This Article Wholly Amended by Rule No. 3173, Mar. 20, 2001]

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.
(2) When the tax authority intends to deposit books of account, documents, etc. under paragraph (1), the tax authority shall issue a receipt of articles deposited (attached Form 3) and a list of articles deposited (attached Form 4).

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.
(2) An investigative officer shall submit an "interim investigation report" on the current status of investigation to the Mayor or the head of the competent Gu in any of the following cases: <Amended by Rule No. 3804, Jun. 23, 2011>
1. If the investigation of a taxpayer takes a long time;
2. If an interim report is required on the discovery of a particularly important fact;
3. If there is an instruction from the Mayor or the head of the competent Gu.

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.
(2) Problems encountered while preparing for investigation and matters instructed by an investigative manager shall be investigated thoroughly and the details of the investigation shall be reported in writing. <Amended by Rule No. 3804, Jun. 23, 2011>
(3) Definite evidentiary documents shall be secured for all facts discovered through an investigation to prevent any possible dispute in advance.

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.
(2) When a taxpayer becomes subject to a tax investigation with regard to a local tax, the taxpayer may have an attorney-at-law, certified public accountant, certified tax accountant, or person who has expertise in taxation be present at the investigation or express his/her opinion with regard thereto.

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>
1. Where a ground accrues for collecting a tax before the payment deadline pursuant to Article 73 (1) of the Framework Act on Local Taxes;
2. Where the period from the date for giving notice of the results of investigation until the end of the period of exclusion from levying or the date of completion of extinctive prescription is less than three months.;
3. Where it is impossible to give notice because of the closedown of business;
4. Where the taxpayer does not have an address or a place of business in the Republic of Korea with no tax manager appointed.
[This Article Wholly Amended by Rule No. 3173, Mar. 20, 2001]

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.
(2) When the Mayor formulates an investigation plan under paragraph (1), he/she shall select the persons to be subject to investigation and ascertain as to whether any autonomous Gu has conducted, or plans to conduct, a tax investigation so as to prevent double 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.
(2) An investigative officer shall report to the Mayor and the Minister of Public Administration and Safety on statutory or systematic problems discovered in the course of investigation. <Amended by Rule No. 3617, Apr. 17, 2008>
(3) The Mayor shall manage cases of investigation techniques and notify the head of each Gu of such cases so as to develop and disseminate investigation techniques.
[This Article Wholly Amended by Rule No. 3173, Mar. 20, 2001]


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:
1. Details of voluntary tax payments;
2. Computer-processed data;
3. Data from administrative agencies;
4. Information and data collected from other sources.
(2) An investigative officer shall define problems found in the course of preparation for an investigation, prepare a report on preparation for investigation, and submit it to the investigation manager.
(3) An investigation manager shall set directions for an investigation in advance so as to ensure the efficient execution of the investigation and shall show the direction to the relevant investigative officers in detail.

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>
(2) Every investigative officer shall have thorough knowledge of the "Code of Conduct of Investigative Officers and shall observe it. <Amended by Rule No. 3804, Jun. 23, 2011>
(3) The Code of Conduct of Investigative Officers under paragraph (2) shall separately determined by the Mayor. <Amended by Rule No. 3804, Jun. 23, 2011>
[This Article Wholly Amended by Rule No. 3173, Mar. 20, 2001]

Article 32 (Direction of Investigations) (1) All tax investigations shall be conducted under the direction of an investigation manager.
(2) If an investigation manager is unable to direct investigations for a substantial period, a person acting on behalf of the investigation manager shall become the acting 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.
(2) When an investigative officer conducts a tax investigation, he/she shall always carry a certificate of his/her authority under Article 62 of the Enforcement Rule of the Framework Act on Local Taxes and shall produce it to people concerned.

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.
(2) In any of the following cases, an investigative officer shall submit an interim investigation report on the current status of investigation, to the investigation manager:
1. If it is necessary to extend the period for investigation on the taxpayer;
2. If it is necessary to make an interim report on the finding of a particularly important fact;
3. If the Mayor or the head of the relevant Gu issuse an instruction.

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.
(2) Problems encountered while preparing for an investigation and matters instructed by the investigation manager shall be investigated thoroughly and the details of the investigation shall be reported in writing.
(3) Specific evidentiary documents shall be secured for all facts found through an investigation, so as to prevent any potential dispute.

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.
(2) The advisory team shall be comprised of seven advisors, including one chief advisor, the head of the office in charge of tax investigations shall serve as the chief advisor, and the following persons shall serve as advisors:
1. Not more than three persons, from among officials and team leaders in charge of tax investigations;
2. Not more than three persons, from among officials and team leaders in charge of the relevant tax item;
3. Not more than three persons, from among officials and team leaders from the division in charge of remedial measures and the division in charge of levying the relevant tax.
(3) In any of the following cases, advice shall be sought from the advisory team on tax issues:
1. Where there is no judicial precedent or authoritative interpretation with regard to a case concerning which a taxpayer raises an objection, orally or in writing, in the course of a tax investigation; or where there is a precedent but it is not applicable to the relevant case because the precedent relates to a specific case;
2. Where the investigation manager concludes that it is necessary to seek advice, because there is a difference in opinions between the taxpayer and the investigative officer, if the additional amount of tax to be collected as a result of the a tax investigation is at least one billion won;
3. Where an investigative officer concludes on any other ground that it is necessary to seek advice.

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:
1. Where a cause or event referred to in Article 73 (1) of the Framework Act on Local Taxes arises to justify collection before the deadline for tax payment;
2. Where the period from the date it is intended to give notice of the results of an investigation, to the end of the period of exclusion from levying or the date the power to collect relevant taxes is extinguished by prescription is less than three months;
3. Where it is impossible to give notice because of the permanent closure of the relevant business;
4. Where the taxpayer does not have any tax agent, nor have a domicile or place of business in the Republic of Korea.

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.:
1. Where no additional amount of tax is collectible as a result of the tax investigation (excluding the tax items levied and notified by an ordinary collection method: Provided, That inappropriate applications for tax reduction or exemption are included herein even where an ordinary collection method is applied);
2. Where the taxpayer has prepared honestly during the tax investigation, has not delayed submitting documents, and has responded to the inspection sincerely;
3. Where the taxpayer meets the criteria under subparagraph 3 of Article 2 of 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.
(2) An investigative officer shall report to the Mayor and the Minister of the Interior on the problems ascertained from statutes and regulations and systems in the course of an investigation.
(3) In order to develop and disseminate investigative techniques, the Mayor shall manage exemplary investigative techniques and notify the head of each Gu of such techniques.

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:
1. Persons subject to a tax investigation;
2. The period and details of a tax investigation, the additionally levied tax amount, the ground for additional levying, evidentiary documents, the detail of objection;
3. The management of registers of results of a tax investigation for each taxpayer and for each tax item and other necessary work.
(2) In order to ensure efficient management of tax investigation data, the Mayor shall maintain the integrated tax system optimally.

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.
(2) Every investigative officer shall have thorough knowledge of a Code of Conduct of Investigative Officers and shall fully observe it.
(3) The Code of Conduct of Investigative Officers referred to in paragraph (2) shall be separately formulated by the Mayor.

ADDENDUM
This Rule shall enter into force on May 1, 1995.
ADDENDUM <Rule No. 3173, Mar. 20, 2001>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Rule No. 3617, Apr. 17, 2008>
This Rule shall enter into force on the date of its promulgation.
ADDENDA <Rule No. 3781, Dec. 30, 2010>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Time Limit for Application)

ADDENDA
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (General Applicability)
Former provisions shall apply to the persons on whom a tax investigation has been or is to conducted in accordance with the former provisions in force at the time this Rule enters into force.