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
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 140 of the Framework Act on Local Taxes. <Amended by Rule No. 4166, Jun. 1, 2017>
Article 2 (Definitions)
The terms used in this Rule are defined as follows: <Amended by Rule No. 4143, Feb. 23, 2017; Rule No. 4166, Jun. 1, 2017; Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
Article 3 (Basic Principles of Tax Investigation)
Every tax investigation shall be carried out in good faith in accordance with the following principles: <Amended by Rule No. 4143, Feb. 23, 2017; Rule No. 4247, Oct. 18, 2018>
Article 4 (Duty to Maintain Confidentiality)
No investigative officer shall provide or disclose the data, etc. he or she has acquired in the course of a tax investigation, or use such data for other purposes than the intended purposes. <Amended by Rule No. 4351, Jun. 4, 2020>
Article 5 (Jurisdiction over Tax Investigation)
(1) 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 3 (1) of the Seoul Metropolitan Government Framework Ordinance on Municipal Taxes: Provided, That in cases deemed necessary to conduct a tax investigation, such as where the head of a Gu requests a tax investigation or where local taxes are evaded, refunded, or reduced in a unjust manner, the Mayor himself or herself may conduct a tax investigation. <Amended by Rule No. 4166, Jun. 1, 2017; Rule No. 4351, Jun. 4, 2020>
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 or 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 to Other Regulations)
Except as otherwise provided in other statutes or regulations including local tax-related laws regarding tax investigations in connection with local taxes, this Rule shall apply.
CHAPTER II SELECTION OF PERSONS SUBJECT TO INVESTIGATION
Article 8 (Selection of Persons Subject to Tax Investigation)
The persons to be subject to general tax investigation and persons to be subject to special tax 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. <Amended by Rule No. 4351, Jun. 4, 2020>
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 Compliant Tax Returns Filed by Taxpayers)
The Mayor and the head of a Gu shall select persons to be 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. <Amended by Rule No. 4247, Oct. 18, 2018>
Article 11 (Persons Subject to General Tax 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 tax investigation and shall select the persons to be subject to the direct tax investigation under paragraphs (4) 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 Local Tax Deliberation Committee. <Amended by Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
Article 12 (Persons Subject to Special Tax Investigation)
(1) A person to be subject to a special tax investigation shall be a person who has made or is suspected to make any tax omission based on data regarding tax evasions, and specific selection criteria may by determined by the Mayor or the head of a Gu. <Newly Inserted by Rule No. 4351, Jun. 4, 2020>
Article 13 (Persons Subject to Partial Tax Investigation)
A person may be selected to be subject to a partial tax investigation in any of the following cases where it is deemed that the objectives of such investigation can be attained based upon the verification of a specific item or part of taxable sources or upon part of a transaction:
Article 14 (Deferment of Tax Investigation for Micro or Compliant Enterprises)
(1) If any of the following persons has no delinquent local tax as at the date of selection eligibility for deferment, the person shall be granted deferment of tax investigations for three years: <Amended by Rule No. 4166, Jun. 1, 2017; Rule No. 4351, Jun. 4, 2020>
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 any of the cases referred to in the subparagraphs of Article 80 (2) of the Act: <Amended by Rule No. 4166, Jun. 1, 2017; Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
Article 16 (Observance of Scope of Investigation)
When an investigative officer intends to conduct a tax investigation, he or she shall pre-determine the scope, period, and method of the investigation and observe such matters.
Article 17 (Restriction on Expansion of Scope of Investigation)
(1) Except in any of the following cases, no investigative officer shall expand the scope of tax investigation in the course thereof: <Amended by Rule No. 4166, Jun. 1, 2017; Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
Article 18 (Methods of Investigation)
Investigations may be conducted by the following methods, based upon the level of integrity of a tax return filed by the person subject to investigation, the scale of business, the type of business, outcomes of the analysis of taxation data, etc.: <Amended by Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
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 person liable to pay taxes: Provided, That the foregoing shall not apply to any unavoidable case to ensure convenience for the relevant person liable to pay taxes: <Amended by Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
Article 20 (Restriction on Investigation Time)
A tax investigation on a taxpayer shall be conducted during the taxpayer's business hours except in special cases: Provided, That a tax investigation may be conducted also before or after business hours, upon the taxpayer's request or with the taxpayer's consent, after obtaining approval thereof from the investigation manager. <Amended by Rule No. 4351, Jun. 4, 2020>
Article 21 (Prior Notice of Tax Investigation)
When an investigative officer intends to conduct a tax investigation, he or she shall notify tax items subject to the investigation, the period of and the reasons for the investigation, and the matters specified in the subparagraphs of Article 54 (1) of the Enforcement Decree of the Framework Act on Local Taxes, by not later than 15 days before the commencement of the investigation: Provided, That where it is deemed impracticable to attain the objectives of the tax investigation, if prior notice is given, because of the risk of destruction of evidence, etc., prior notice shall be omitted and a written notice of the tax investigation stating the reasons for such omission, etc. shall be issued when the tax investigation commences. <Amended by Rule No. 4166, Jun. 1, 2017; Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
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 under Article 21 to undergo the investigation due to a natural disaster or any of the following causes or events, he or she may file an application for the postponement of the investigation with the Mayor or the head of the relevant Gu: <Amended by Rule No. 4351, Jun. 4, 2020>
Article 23 (Period of Investigation)
The Mayor or the head of a Gu shall determine the period for a tax investigation within the maximum of 20 days in consideration of tax items subject to investigation, the type and size of business, the level of difficulty of investigation, etc.: Provided, That the period for investigation shall be as short as possible to prevent disruption to the taxpayer's economic activities.
Article 24 (Calculation of Period for Investigation)
The period for an investigation begins on the date of commencement (counting from the date of submission of final data) and ends on the date of closing, and Saturdays, official holidays, etc. shall be included from the period for the investigation. <Amended by Rule No. 4351, Jun. 4, 2020>
Article 25 (Restriction on Extension of Period for Investigation)
If any of the causes or events referred to in any of the subparagraphs of Article 84 (1) of the Act 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. In such cases, the period for suspension of the tax investigation shall not be included in the period for the tax investigation and the extended period, and an investigative officer may not question the relevant taxpayer regarding the tax investigation nor demand him or her to allow an inspection or investigation of books of account, etc. or to submit such books of account, etc. <Amended by Rule No. 4166, Jun. 1, 2017; Rule No. 4351, Jun. 4, 2020>
Article 26 (Prohibition of Search and Seizure)
(1) When 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: Provided, That the foregoing shall not apply to any of the following cases: <Amended by Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
Article 27 (Deposit of Books of Account and Documents)
(1) If it is crucial to secure evidentiary documents about a suspected tax omission in conducting a special tax investigation, the relevant tax authority may deposit books of accounts, documents, etc. with the consent of a taxpayer. <Amended by Rule No. 4351, Jun. 4, 2020>
Article 28 (Countermeasures against Investigative Officers Abusing Investigative Power)
If an investigative officer or an investigation manager abuses his or her investigative power as means of the convenience in investigation 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. <Amended by Rule No. 4351, Jun. 4, 2020>
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. <Amended by Rule No. 4247, Oct. 18, 2018; Rule No. 4351, Jun. 4, 2020>
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. <Amended by Rule No. 4351, Jun. 4, 2020>
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:
Article 32 (Conducting of Partial Tax Investigation)
The Mayor or the head of a Gu may conduct a partial tax investigation taking into account convenience for taxpayers, the efficiency of an investigation, etc., in any of the following cases:
Article 33 (Direction of Investigations)
(1) All tax investigations shall be conducted under the direction of an investigation manager.
Article 34 (Commencement of Investigations)
(1) When an investigative officer commences a tax investigation, he or she shall present a certificate verifying his or her status to a taxpayer or an interested person, issue the Charter of Taxpayers' Rights to such taxpayer or interested person, read the essentials thereof in person to him or her, and explain the reasons for and the period of the investigation, details of and procedures for the affairs of a taxpayers’ advocate regarding the protection of rights and interests of taxpayers under Article 77 (2) of the Act, procedures for relief for breached rights, etc.
Article 35 (Reporting on Investigations)
An investigative officer shall report matters investigated to the investigation manager.
Article 36 (Management of Investigation Process)
(1) An investigative officer shall investigate problems encountered while preparing for an investigation and matters instructed by the investigation manager thoroughly and report the details of the investigation in writing.
Article 37 (Termination of Investigations)
(1) Where an investigative officer intends to terminate a tax investigation, he or she shall compile the details of the investigation and report the results to the investigation manager.
Article 38 (Notice of Results of Tax Investigation)
(1) When an investigative officer confirms the results of an tax investigation, he or she shall give written notice of the following matters to a taxpayer within seven days from the day on which such results are confirmed: <Newly Inserted by Rule No. 4351, Jun. 4, 2020>
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 without delay.
Article 40 (Management of Tax Investigation List and Data)
(1) The Mayor or the head of a Gu shall prepare and manage a list stating the current status of corporations subject to tax investigations, history of investigation into such corporations, permanent closure of their business, etc. <Newly Inserted by Rule No. 4351, Jun. 4, 2020>
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 41 (Code of Conduct of Investigative Officers)
(1) The Mayor shall issue a certificate carried by an investigative officer under Article 140 (2) of the Act to each investigative officer and shall recover and destroy such certificate if the officer retires from office or is transferred to other places or there is any other change to his or her status. <Amended by Rule No. 4351, Jun. 4, 2020>
ADDENDA - Form 1 (Notification of Seizure/Custody) - Form 2 (List of Articles Seized/Held in Custody) |