Home » Economy » Did they expand the regulatory area for this purpose? Low-cost transactions between families, 10 times the tax

Did they expand the regulatory area for this purpose? Low-cost transactions between families, 10 times the tax

Seoul & Gyeonggi Real Estate: Family Sales Face Up to 10x Tax Increase – Breaking News

Seoul and Gyeonggi-do homeowners, listen up! A significant shift in South Korean tax law is poised to dramatically impact how you transfer property to family members. What was once a common strategy to navigate a complex real estate market is now facing a potential tax overhaul, with acquisition taxes potentially skyrocketing by as much as ten times. This is breaking news that demands your immediate attention, especially if you’re considering gifting or selling property within these regions.

New Rules Target Low-Price Family Transfers

The South Korean government, on October 16th, submitted a bill to the National Assembly proposing a major change: treating significantly discounted real estate transactions between spouses or direct descendants as gifts, rather than standard sales. This isn’t just a semantic shift; it carries massive tax implications. Currently, the general real estate acquisition tax rate sits between 1-3%. However, the gift acquisition tax, particularly in areas designated for adjustment – now including all of Seoul and key parts of Gyeonggi-do like Bundang – jumps to a hefty 12%.

The ‘Tax Bomb’ Scenario: A Real-World Example

Let’s illustrate the potential impact. A home valued at 600 million won, sold between family members for a price reflecting a 1% acquisition tax (around 6 million won), could suddenly face a tax bill of 72 million won if the government classifies it as a gift. This dramatic increase is triggered if the transaction price is more than 30% below market value or differs by more than 300 million won. Experts are warning of a potential “acquisition tax bomb” for those who haven’t factored in these changes.

Why the Change? Curbing Market Manipulation

This legislative move is a direct response to concerns about individuals attempting to circumvent regulations and minimize taxes through undervalued family transactions. The government’s designation of 12 regions as areas subject to adjustment – including the entirety of Seoul – signals a crackdown on practices perceived as distorting the real estate market. Historically, gifting property has been a popular estate planning tool in South Korea, but these new rules significantly diminish its tax advantages.

Beyond Acquisition Tax: Capital Gains Implications

The impact extends beyond just acquisition tax. Low-price transactions between family members will also trigger gift tax on the difference between the market price and the transaction price when it comes to capital gains. This means the entire transaction amount is now potentially subject to gift tax, a significant departure from previous practices. Understanding these nuances is crucial for anyone planning a property transfer.

Expert Concerns & The Principle of Excess

Industry professionals are voicing concerns about the fairness of the new regulations. Kim Seong-il, CEO of Rigel Tax Accounting, points out the high gift acquisition tax rate in regulated areas, questioning whether it violates the principle of prohibiting excess taxation. The increasing popularity of gifting and family sales, driven by land transaction permission zones, is now colliding with a significantly less favorable tax landscape.

What This Means for You: Staying Ahead of the Curve

This breaking news demands proactive planning. If you’re considering transferring property within Seoul or Gyeonggi-do, consult with a qualified tax advisor immediately. Understanding the implications of these new rules is paramount to avoiding unexpected and substantial tax liabilities. The October 15 measures, combined with this new legislation, are reshaping the landscape of real estate transactions in South Korea. Staying informed and seeking professional guidance is no longer optional – it’s essential.

For the latest updates on South Korean real estate and tax laws, and for in-depth analysis of how these changes impact your financial planning, stay tuned to archyde.com. We’re committed to providing you with the information you need to navigate this evolving market with confidence.

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