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소득이 있는 30세 미만 자녀가 동일세대인지 여부
조세심판원 질의회신 | 2015-03-05 | 서면-2015-부동산-0017 | 양도
Document Number

Document-2015-Real Estate-017 (2015.03.06)

Items of Taxation

Transfer

Journal

An unmarried child under the age of 30 may maintain his/her independent living independently while managing and maintaining the house or land, the minimum cost of living of which is at least the minimum cost of living, and where he/she actually resides in another place and his/her livelihood differs from his/her parents, he/she shall be deemed

Congress RESALS

In the case of your questioning, it is time to refer to the existing interpretation cases (property tax-2204, December 12, 2008).In the case of your questioning on December 2, 2008, an unmarried child under the age of 30 may maintain an independent livelihood while managing and maintaining the house or land, the income under Article 4 of the Income Tax Act of which is at least the minimum cost of living under Article 2 subparagraph 6 of the National Basic Living Security Act, and in case the child actually resides in another place and is living differently with his parents, it is possible to determine whether it is a separate household with his/her parents, but it is true.

Related statutes

Article 154 of the Enforcement Decree

Main text

1. A summary of the contents of inquiry;

○ Facts

- A acquired a local house A located in 2001, and Party A’s son(B, under 30 years of age and unmarried) located in the same household under the resident registration card with Party A acquired a local house B located in 2010.

-be unable to move-in due to opposition, and Eul is expected to transfer B houses in order to prepare the fund for the rent of the studio that is leased;

○ Contents of questioning

-one house non-taxation for one household is applicable to the unmarried person who is under the age of two for one household because he/she is the same household as Party B on the Resident Registration Card, but whose income is at least the minimum cost of living under Article 2 subparagraph 6 of the National Basic Living Security Act, and whose income is at least the minimum cost of living under subparagraph 6 of Article 2 of the National Basic Living Security Act, and thus he/she can maintain an independent livelihood;

2. Materials on the contents of questioning;

○ Enforcement Decree of the Income Tax Act 【Scope of one house for one household】

(1) "One house for one household prescribed by Presidential Decree" in Article 89 (1) 3 (a) of the Act means that a resident and his/her spouse possess one house in Korea as of the date of transfer and the holding period of the relevant house is at least two years (three years in cases of a house owned by a resident falling under paragraph (8) 2): Provided, That where one household has one house in Korea as of the date of transfer and falls under any of the following subparagraphs, the period of holding shall not be restricted:

between 1. up to 3. omitted

(2) In case where falling under one of the following subparagraphs, it shall be considered to be one household under paragraph (1), even if one has no spouse:

1. Where the relevant resident is 30 or more years old;

2. Where his spouse dies or is divorced;

3. Where the income under Article 4 of the Act is at least the minimum cost of living under subparagraph 6 of Article 2 of the National Basic Living Security Act and it is possible to maintain an independent livelihood in managing and maintaining the housing or land: Provided, That the cases of minors shall be excluded herefrom, but this shall not apply where it is inevitable to form one household due to marriage of a minor, death of a family, or any other cause prescribed by Ordinance

(3) Above five omitted.

(6) The term "family" in paragraph (1) means the lineal ascendants and descendants (including their spouses) and siblings of the resident and his/her spouse, and includes those who temporarily left the original address or dwelling place for school attendance, medical treatment, situations of work or business.

(hereinafter omitted)

○ Property Tax Department-2204, 208.12

【Rece.】

In case of interpellation, an unmarried child under 30 years of age may maintain an independent living independently in managing and maintaining the house or land in which his/her unmarried child under Article 4 of the Income Tax Act is in excess of the minimum cost of living under subparagraph 6 of Article 2 of the National Basic Living Security Act, and in cases where he/she actually resides in another place and lives with his/her parents, whether it constitutes a separate household from his/her parents shall be determined in fact.

【Fact-Finding】

- I have purchased a house A in 2001 and resided until now.

- The young children living in 1982 acquire B houses of December 2002

- They work in the pharmaceutical company currently in the original state and reside in the original state;

[Contents of Pledge]

- In such circumstances, whether there is income when transferring a house A owned by the principal, but under 30 years of age, can be viewed as the same household as the principal.