1. Reasons
for Amendment
It
stipulates that when a delinquent person dies or a delinquent corporation is
extinguished due to a merger, a disposition for arrears may be taken on the
inherited property or the surviving corporation; a certificate proving that all
local administrative penalty charges have been paid, shall be submitted
even when the payment is received from the state institutions or government
agencies. A basis for entrusting the head of the customs house with the
disposition for arrears on imported goods of high or habitual delinquents,
shall be newly established and at the same time, an explicit basis for a
payment by a third party on behalf of the payer shall be created. In addition,
for provisions applicable to mutatis mutandis such as the National Tax
Collection Act regarding procedures for disposition for arrears, the terms that
need to be changed shall be separately defined.
2. Major
Provisions
A.
Improvement of unclear rules related to the collection process for tax arrears
1)
Stipulates that a payment may be made by a third party on behalf of the payer
(Article 7(8) newly inserted).
2)
Clarifies the grounds for the disposition for arrears on inherited property or
surviving corporations (Article 9 (3) and Article 9 (4) newly inserted, and
Article 19 amended) to avoid inconsistent succession according to
interpretation due to lack of requirements for succession.
3) For
provisions applicable to mutatis mutandis such as the National Tax Collection
Act regarding the procedures for disposition for arrears, the terms that need
to be changed shall be separately defined (Article 19 amended).
B.
Expansion of the Institutions Subject to Submission of a payment certificate
of local administrative penalty charges (Article 7 (6) amended)
Stipulates
that a payment certificate proving that there are no local administrative
penalty charges, shall be submitted even when a payment is made not only by
local governments but also by the state institutions or government agencies.
C.
Establishment of a new basis for entrusting disposition for arrears on imported
goods of high or habitual delinquents (Article 18 (2) newly inserted)
Stipulates
the establishment of a new basis on which the head of a local government may
entrust the head of a customs office to disposition for arrears on imported
goods of high or habitual delinquents whose local administrative
penalty charges amounted to 10 million won or more after one year from the
date of delinquency.