KIM&CHANG
Newsletter | July 2016, Issue 2
TAX
Ministry of Strategy and Finance Announces the 2016 Amendments to the Ministerial Decree of Corporate Income Tax Law
On March 7, 2016, the Ministry of Strategy and Finance (“MOSF”) announced the amendments to the Ministerial Decree of the Corporate Income Tax Law.
Summarized below are the key items:
1. Example of company automobile use for work
New rules for deducting company’s automobile expenses have been adopted, and will take effect for fiscal years commencing on or after January 1, 2016.
ŸIf an employee of a company complies with certain requirements (e.g., completion of usage log), the automobile expenses related to work usage is deductible.
The ratio of the deductible expenses for work usage is calculated based on mileage for work usage over the total mileage of the automobile.
The amended Article 27-2 of the Ministerial Decree to the Corporate Income Tax Law lists examples of eligible company automobile use (such as a visit to a company’s business location including manufacturing and sales facilities, visit to a customer or agent, attendance at conference and promotional activities, and commuting to and from home).
2. Reduction of arm’s length interest rate
The statutory arm’s length interest rate on a loan between domestic related parties has been reduced from 6.9% p.a. to 4.6% p.a.
ŸThe reduced arm’s length interest rate takes effect for intercompany loans made on or after March 7, 2016.
However, the previous arm’s length interest rate of 6.9% p.a. will continue to apply on loans made prior to this date (until expiration of the loans).
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If you have any questions regarding this article, please contact below:
Woo Hyun Baik
whbaik@kimchang.com
Christopher Sung
chrissung@kimchang.com
Jae Hun Suh
jaehun.suh@kimchang.com
For more information, please visit our website:
www.kimchang.com General Tax Consulting Practice Group