Korea Capital Gains Tax: Complete Guide to Calculation, Exemptions, Deductions & Tax Law
What Is Capital Gains Tax?
One condition can mean the difference between a multi-million won tax bill and zero. Take an apartment bought for ₩600M and sold for ₩1.5B. Whether the seller owes any capital gains tax depends entirely on whether the single-household one-home exemption conditions are met (2+ years ownership, 2+ years residence if in a regulated zone). Qualify, and the ₩1.2B-and-under portion is tax-free; only the excess is taxed. Miss the threshold by even one month and the full gain falls under the standard rate schedule. Before deciding when to sell, always check this first.
Capital gains tax (양도소득세) is a tax on profit (the “transfer gain”) generated when you sell real assets — land, buildings, housing — or shares. In South Korea it is codified under Article 94 of the Income Tax Act, and tax liability arises only when a gain actually exists.
For a market as property-intensive as South Korea’s, capital gains tax is one of the most impactful levies most individuals will ever face. Understanding the single-household one-home exemption and the long-term holding special deduction can legally shave millions — or tens of millions — of won off your bill.
Note for international readers: The tax rates, brackets, exemptions, and statutes below are specific to South Korea. The conceptual framework — taxing the gain, allowing holding-period deductions, and granting primary-home exemptions — exists in many countries, but your jurisdiction’s numbers will be completely different.
1. Key Figures (2024 Basis)
2. Capital Gains Tax Calculator
양도소득세 계산기
양도차익 · 장기보유특별공제 · 결정세액 계산
※ 다주택자 중과, 조정대상지역 여부는 반영되지 않습니다. 실제 세액은 세무사 상담 또는 국세청 양도소득세 신고 시스템을 이용하세요.
This calculator uses standard rates. Multi-home owners in regulated zones, short-term holdings, and pre-sale contract rights (분양권) may face surcharge rates. For complex situations, consult a tax professional.
3. How to Calculate Your Transfer Gain
The Core Formula
Transfer Gain = Sale Price − Purchase Price − Necessary Expenses
Transfer Income = Transfer Gain − Long-term Holding Deduction
Tax Base = Transfer Income − Basic Deduction (₩2.5M)
Tax Due = Tax Base × Rate + Local Income Tax (Tax × 10%)
What Counts as “Necessary Expenses”?
| Category | Examples |
|---|---|
| Acquisition-related taxes | Acquisition tax, stamp duty |
| Brokerage commissions | One for purchase, one for sale |
| Capital expenditures | Balcony enclosure, full heating system replacement, structural improvements |
| Legal fees | Costs to resolve ownership disputes |
Routine maintenance like repainting or replacing flooring (revenue expenditures) does not qualify. Only capital expenditures that increase the asset’s value — like full balcony enclosures or complete pipe replacements — are deductible. Keep all receipts.
4. The Single-household One-home Exemption
| 구분 | ||
|---|---|---|
| Held 2+ years (non-regulated zone) | Sold within 2 years — short-term disposal | |
| Actual price ≤ ₩1.2B | Price above ₩1.2B — the portion above ₩1.2B is taxed (pro-rata) | |
| Household owns only one home at time of sale | Held previous home beyond the permitted overlap period | |
| Regulated zone: 2+ years ownership AND 2+ years residence | Failed to meet residence requirement in a regulated zone | |
| Seller holds one home (or none) at date of sale | Owns 2+ homes including pre-sale contracts or occupancy rights at time of sale |
Calculating Tax on the Portion Above ₩1.2B
When the sale price exceeds ₩1.2B, only the proportional excess is taxed.
Example: Purchased for ₩600M, sold for ₩1.5B, held 5 years, single household one home
- Transfer Gain: ₩1.5B − ₩600M = ₩900M
- Tax-free ratio: ₩1.2B / ₩1.5B = 80%
- Taxable gain: ₩900M × (1 − 0.8) = ₩180M
- Apply long-term holding deduction and basic deduction before computing final tax
5. Long-term Holding Special Deduction
The longer you hold, the lower your taxable income.
Long-term Holding Deduction Rate (Single Household One Home, Meeting Ownership + Residence Requirements)
| Category | Holding Period | Deduction Rate |
|---|---|---|
| General (land & buildings) | 3+ years | 6–30% (2% per year from 3 years) |
| Single household one home | 2+ years | 4% for ownership + 4% for residence per year (max 80%) |
A single-household one-home owner who has both owned and lived in their property for 10+ years receives an 80% long-term holding deduction. On a transfer gain of ₩500M, ₩400M is deducted — only ₩100M is taxed. Long-term owner-occupancy is the most powerful legal tax strategy available.
6. Tax Rates by Holding Period
| Holding Period | Housing Rate | Land & Other Rate |
|---|---|---|
| Less than 1 year | 70% | 50% |
| 1 year to less than 2 years | 60% | 40% |
| 2+ years | Standard rate (6–45%) | Standard rate |
7. Multi-home Surcharges
From May 2023 through May 2026, the multi-home surcharge (+10–20%p) for regulated-zone holders has been suspended. During this period, standard rates apply. If the law is not amended, the surcharge resumes after this window.
Surcharge rates when reinstated:
| Homes Owned | Regulated Zone | Non-regulated Zone |
|---|---|---|
| 1 home | Standard rate | Standard rate |
| 2 homes | Standard + 10%p | Standard rate |
| 3+ homes | Standard + 20%p | Standard + 10%p |
8. Filing and Payment Schedule
9. Key Statutory Provisions
Income Tax Act Article 94 (Scope of Transfer Income)
Article 94 Transfer income consists of the following types of income arising in the taxable period:
- Income from transferring land or buildings
- Income from transferring rights in real property
- Income from transferring shares or equity interests
Source: National Law Information Center — Income Tax Act
Income Tax Act Article 89 (Tax-exempt Transfer Income)
Article 89 The following income is exempt from capital gains tax:
- A one-household one-home (as defined by Presidential Decree), including attached land, where the actual transaction price at time of sale does not exceed ₩1.2B.
Source: National Law Information Center — Income Tax Act
Income Tax Act Article 95 (Transfer Income Amount)
Article 95 Transfer income equals the transfer price (Article 92) less necessary expenses (Article 97) — the “transfer gain” — further reduced by the long-term holding special deduction.
Source: National Law Information Center — Income Tax Act
Income Tax Act Article 104 (Capital Gains Tax Rates)
Article 104 Capital gains tax is calculated by applying the following rates:
- Standard income tax rates (Article 55 §1)
- Pre-sale contracts: 70% (60% if held 1+ year)
- Housing held less than 1 year: 70%
Source: National Law Information Center — Income Tax Act
Income Tax Act Article 105 (Preliminary Return)
Article 105 A resident who transfers assets under Article 94 §1 items 1 and 2 must file a preliminary capital gains tax return with the competent tax office within 2 months of the end of the month of transfer.
Source: National Law Information Center — Income Tax Act
10. Tax Strategy Summary
| 구분 | ||
|---|---|---|
| Long-term ownership: 80% deduction after 10+ years | Inflating purchase price on records → tax evasion charge | |
| Sell only after fully satisfying single-home exemption conditions | Disguising multi-home situation through household separation and name transfer | |
| Document all necessary expenses (brokerage fees, capital expenditures) | Falsely claiming routine maintenance as capital expenditures | |
| Spousal gift then sale (watch for gift tax carryover rule) | Sale within 5 years of a spousal gift triggers gift-price carryover | |
| Use the multi-home surcharge suspension window (through May 2026) | Mistakenly applying long-term holding deduction to non-business land |
11. Get a More Accurate Estimate
Three things to do before deciding to sell: First, check the registration certificate for your acquisition date and purchase price. Second, verify whether your property is in a regulated zone and confirm your ownership and residence duration to determine exemption eligibility. Third, enter your purchase price, sale price, and holding period in the calculator below for an instant estimate. Missing the preliminary return deadline (last day of the month following sale) triggers a 20% non-filing penalty. Knowing your numbers before signing the sale contract is the single most powerful tax strategy.
Further Reading
Related Guides
References
- National Tax Service Capital Gains Tax Filing: https://hometax.go.kr → File/Pay → Capital Gains Tax
- National Law Information Center — Income Tax Act Articles 94–110: https://www.law.go.kr
- Ministry of Land Real Transaction Price System: https://rt.molit.go.kr
- Ministry of Economy and Finance: https://www.moef.go.kr
OIYO Editorial
Content Editor지식 인큐베이터이자 전문 콘텐츠 크리에이터. 경영, 경제, 법률 및 실생활에 유용한 실무/자격증 중심의 깊이 있는 정보를 연구하고 공유합니다.