In low-rise residential areas with high aging rates and promising development profits, such as Sinsa-dong in Gangnam District, Seoul, you can often see old houses being demolished to build new neighborhood amenities (commercial facilities). While this was previously a rare sight, such instances are expected to increase in the future. This is due to recent revisions to the Enforcement Decree of the Income Tax Act, which benefit both home sellers and buyers who plan to build commercial buildings on the land.

Until recently, when a sales contract for a home was concluded and the use of the property was changed to a neighborhood living facility, the balance payment date was considered the benchmark for determining whether the property was a neighborhood living facility. Applying this standard meant the seller would not be eligible for the one-household-per-household capital gains tax exemption or the long-term holding special deduction of up to 80%. Furthermore, the buyer would be purchasing the home, but this faced the double burden of a worsening revenue structure due to the acquisition tax of 12% (if the buyer was a corporation) and the inability to secure the balance through a PF loan. For these reasons, it is no exaggeration to say that sales contracts for the purpose of building neighborhood living facilities on old residential land after October 2022 have been virtually non-existent.

To address this market situation, the recently revised Enforcement Decree of the Income Tax Act clearly stipulates the "date of the sales contract" as the standard date for determining whether a property qualifies as "one home per household" (Articles 154, Paragraph 1 and 159-4 of the Enforcement Decree of the Income Tax Act). This means that if a property was a residence on the sales contract date, even if its intended use is later changed to a neighborhood living facility, the seller is deemed to have transferred the property, thereby qualifying for the one home per household tax exemption or the long-term holding special deduction. Conversely, the buyer, based on the building's intended use at the time of the balance payment, is deemed to have acquired the property as a neighborhood living facility. This avoids the excessive acquisition tax that would have been incurred if the property had been considered a residence. Furthermore, the buyer can also finance the balance with a PF loan. This enforcement decree took effect on February 28, 2025, and therefore applies to sales contracts concluded after that date (including those concluded on or after February 28, 2025).

It's important to note that if a house is converted to a neighborhood living facility, it's considered a transfer of ownership, allowing the seller to qualify for tax benefits. However, if the house is destroyed and sold as land, the seller will not be eligible for tax benefits associated with the transfer, such as tax exemptions or long-term holding special deductions. Therefore, the sales contract must include a provision that the building will continue to exist even after the change in use.  

This revision to the Enforcement Decree of the Income Tax Act represents an institutional turning point to overcome the unfairness of the current market. If owners of older homes, developers, investors, and real estate professionals understand these changing trends and proactively respond, they will not only generate profits for those involved, but also stimulate demand for idle real estate development in cities, contributing to the public good of urban regeneration and a revitalized real estate market.