The current Korean capital gains tax system for single-household single-home exemptions and multiple-home ownership surcharges was originally introduced for legitimate legislative purposes, such as stabilizing housing for citizens and curbing speculat...
The current Korean capital gains tax system for single-household single-home exemptions and multiple-home ownership surcharges was originally introduced for legitimate legislative purposes, such as stabilizing housing for citizens and curbing speculative real estate investments. However, its overly complex requirements, frequent amendments, and excessive regulatory nature have led to numerous problems.
A comparative review of the housing capital gains tax regimes in major foreign countries reveals that none impose higher tax rates solely based on the number of homes owned. Instead, they secure tax fairness and protect the freedom of residence for genuine homeowners by granting tax exemptions or deductions for principal residences and applying preferential treatment for long-term holdings.
In Korea, the ambiguous definitions of “household” and “home” have caused continuous disputes between taxpayers and tax authorities. Frequent amendments and inconsistent administrative interpretations have further generated confusion and unfairness. In addition, the current exemption structure and the generous special deduction for long-term ownership have induced tax avoidance behaviors, while the unrealistic threshold for high-priced homes has been widely criticized.
To resolve these issues, the concepts of “single-household” and “single-home” must be simplified and clearly codified. The definition of a household should be based on income and residence tests, while the definition of a home should rely on the housing register to minimize disputes in tax enforcement. The requirements for tax exemptions should be stipulated in the Income Tax Act itself rather than subordinate decrees, ensuring stability and predictability. The special long-term ownership deduction for single-home households should also be adjusted to maintain equity with general deductions. Furthermore, a residence-based exemption system should be adopted to ensure that only genuine residential properties benefit from tax relief. The standard for high-priced housing should be recalibrated in accordance with the national housing statistics provided by the Korea Real Estate Board.
The current multiple-home ownership surtax rules have also become excessively complicated due to their use as a policy instrument for real estate control, particularly when intertwined with rental business tax provisions. These frequent and politically driven changes have undermined taxpayers’ predictability and eroded public trust. Overly harsh measures against multiple-home ownership have distorted the housing market and compromised tax fairness.
Accordingly, the criteria for surcharge taxation should be prescribed in the Income Tax Act itself, ensuring adequate parliamentary deliberation, while technical details may be delegated to the enforcement decree. Furthermore, the basis for imposing surcharges should shift from designated “regulated areas” to the transfer of non-residential properties, thereby reducing confusion caused by sudden regulatory changes and more effectively discouraging speculative purchases. The excessively punitive surcharge rates should also be mitigated by lowering the additional tax rate by 10 percentage points and reintroducing long-term holding deductions according to the holding period.
Although the tax exemption single-household single-home and heavy taxation on multiple-home ownership have faced various challenges in their implementation, they have undeniably contributed to national fiscal sustainability and the stabilization of citizens’ housing. Therefore, instead of abolishing these systems, it is necessary to refine and develop them, and this study seeks to contribute to that endeavor.