Article 1 (Purpose)
The purpose of this Rule is to provide for matters necessary for enforcing the Seoul Metropolitan Government Framework Ordinance on Municipal Taxes and other necessary matters.
Article 2 (Definitions)
The terms used in this Ordinance are defined as follows:
Article 3 (Relationship to Statutes and Regulations)
Except as otherwise provided in the Framework Act on Local Taxes (hereinafter referred to as the "Act"), the Enforcement Decree of the Framework Act on Local Taxes (hereinafter referred to as the "Decree"), and the Seoul Metropolitan Government Framework Ordinance on Municipal Taxes (hereinafter referred to as the "Ordinance"), imposing and collecting of municipal taxes shall be governed by this Rule.
Article 4 (Preparing and Keeping of Registers of Various Kinds)
The Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") and the head of an autonomous Gu of the Seoul Metropolitan Government having jurisdiction over the place for tax payment of the relevant taxable object (hereinafter referred to as "the head of a Gu") shall keep various registers, etc. prescribed in the Act, the Decree, the Ordinance and this Rule, and record and manage the relevant data. In such cases, where data is recorded, processed, and saved using an electronic information processing system (hereinafter referred to as "computer system"), and can be viewed and printed via the local tax information and communications network, the abovementioned registers, etc. shall be deemed kept, recorded, and managed.
Article 5 (Service of Documents)
(1) Attached Form 1 shall be the format of a ledger of service to be kept to record the delivery of documents by post pursuant to Article 5 (1) of the Ordinance.
Article 6 (Cancellation and Change of Imposition)
(1) Where any ground for cancelling or correcting an imposition of municipal taxes prescribed in Article 58 of the Act arises, the head of the imposing division shall determine the reduction of municipal taxes in accordance with the Resolution on Reduction of Municipal Tax in attached Form 1 of the Seoul Metropolitan Government Enforcement Rule of the Ordinance on the Collection of Municipal Taxes, by attaching the Decision to Cancel (Correct) Imposition of Local Tax in attached Form 5 and the Detail Statement of Disposition for Cancelling or Correcting Imposition of Municipal Tax in attached Table 6, and record the details of such determination in the Notice of Reduced Amount of Tax Revenue in attached Form 3 of the same Enforcement Rule and notify the head of the collecting division thereof.
Article 7 (Treatment of Municipal Tax Refunds)
The head of the collecting division upon receipt of the Notice of Reduced Amount of Tax Revenue prescribed in Article 6 (1) after receiving municipal taxes, he or she shall record the details of treatment thereof in the Ledger of Local Tax Refunds and Processing Thereof in attached Form 7, and treat the received municipal taxes as municipal tax refunds (hereinafter referred to as "refunds").
Article 8 (Persons Entitled to Refunds)
(1) The refund shall be first appropriated to pay any delinquent tax of the relevant taxpayer, and if no Gu tax is in arrears, the remaining balance shall be refunded to the taxpayer.
Article 9 (Appropriation of Refunds)
The appropriation of refunds prescribed in Article 37 of the Decree shall be in accordance with the Resolution on Appropriation for Local Tax Refund in attached Form 9.
Article 10 (Scope of Security for Tax Payment)
(1) "Securities the head of a local government deems reliable" in subparagraph 3 of Article 65 of the Act means any of the following securities:
Article 11 (Acquisition and Appropriation of Large-Sum of Delinquent Taxes)
(1) With respect to a large-sum of delinquent tax under Article 3 (2) 4 of the Ordinance (hereinafter referred to as "large-sum of delinquent tax"), the head of a Gu shall transfer the relevant large-sum of delinquent tax to the Mayor within one month from the date after each fiscal year ends by recording the details of the transfer of such tax in the Report on Acquisition and Appropriation of Large-Sum of Delinquent Tax in attached Form 10.
Article 12 (Procedures for Dispositions on Default)
(1) Where a request for grant has already been filed by the head of a Gu as of the date of transfer of a large-sum of delinquent tax to the Mayor, the Mayor shall report his or her rights to such large-sum of delinquent tax to the competent court, etc. prior to the date for allocation, and in cases of seized property on public sale, the Mayor shall report his or her rights to such seized property to the Korea Asset Management Corporation or any other agency conducting public sale vicariously prior to the date for allocation.
Article 13 (Follow-up Measures after Pre-Assessment Reviews)
Where the head of a Gu receives notice from the Mayor on his or her determination to adopt or partially adopt a pre-assessment review, he or she shall without delay take measures necessary to comply with such determination, and shall report the results of such measures to the Mayor in attached Form 11.
Article 14 (Follow-up Measures Including Raising of Objections)
(1) Where the head of a Gu receives notice from the Mayor of his or her determination to revoke or correct an objection raised, he or she shall take without delay measures necessary to comply with such determination, and shall report the results of such measures to the Mayor in attached Form 12. <Amended on Oct. 15, 2020>
Article 14-2 (Written Consent to Commissioning of Seoul Metropolitan Government-Appointed Agents)
"Written consent to commissioning of a Seoul Metropolitan Government-appointed agent" and a "written pledge" in Article 5-3 (2) of the Ordinance shall be as specified in attached Forms 14 and 15, respectively.
Article 14-3 (Application for Appointment of Seoul Metropolitan Government-Appointed Agents)
"Application for the appointment of Seoul Metropolitan Government-appointed agents" in Article 5-4 (1) of the Ordinance shall be as specified in attached Form 16.
Article 14-4 (Notice of Results of Application for Seoul Metropolitan Government-Appointed Agents)
"Notice of the result of the application for a Seoul Metropolitan Government-appointed agent" in Article 5-4 (2) of the Ordinance shall be as specified in attached Form 17.
Article 14-5 (Details of Cases where Seoul Metropolitan Government-Appointed Agent Is Designated)
Cases where a Seoul Metropolitan Government-appointed agent is designated shall be recorded and managed as specified in attached Form 18.
Article 15 (Electronic Processing of Various Notices)
Where the head of the imposing division and the head of the collecting division electronically prepare, process, and manage various notices, etc. they are required to notify each other or process between themselves under the Act, the Decree, the Ordinance, or this Rule, making it possible to access and print out the relevant data via the local tax information and communications network at any time, the notification or processing shall be deemed done: Provided, That this shall not apply where the head of the imposing division and the head of the collecting division do not belong to the same institution.
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