Building a new building is a significant investment in assets and a dream for building owners. However, most building owners focus only on design, construction, and permitting, and often overlook tax law pitfalls, resulting in unexpected tax bombs. Real estate-related taxes vary significantly in their rates depending on the tax base date, the corporation's location, and the property's intended use. Furthermore, sources of funding for land and building acquisition must be prepared.

Here are three tax-related precautions you must check for successful construction.

1. Beware of the comprehensive real estate tax bomb for land that has not started construction as of June 1st.

Property tax and comprehensive real estate tax (CRT) are assessed annually on June 1st, determining ownership and use. There's a saying that you shouldn't start construction in the winter. If construction is delayed for more than six months after a building is demolished, the land is classified as "unoccupied land without structures" as of June 1. Under local tax law, unoccupied land is subject to comprehensive taxation. The tax rate is higher than for general land, and the deduction amount is lower. This significantly increases the burden of comprehensive real estate tax, not just property tax.

Therefore, when establishing a new construction plan, it's crucial to carefully coordinate the demolition completion date with the start of construction to prevent the site from being left unattended for more than six months. In reality, the six-month delay is often unavoidable due to issues with document supplementation during building permits or obtaining approval for facilities adjacent to subway lines. Even in these cases, friction with tax authorities often arises, so it's crucial to avoid exceeding the deadline.

2. When building a new building under a corporate name, it is necessary to prepare for the acquisition tax surcharge due to "original acquisition."

When a property is built under a corporation's name, it is classified as an "original acquisition" under tax law and is subject to acquisition tax. If a corporation acquires real estate in a congested area, such as the Seoul metropolitan area, a higher rate than the general tax rate is applied to curb regional concentration. This higher rate can be categorized into two main types:

First, there is a type of heavy tax imposed due to the construction of a new headquarters or main office within a congested area, and second, there is a type of heavy tax imposed on real estate acquired within 5 years of the establishment of a corporation within a large city.

In the case of new construction, the significant construction costs can lead to significant tax burdens if a surtax is imposed. In practice, the key is to carefully assess the time of incorporation and the location of the head office to avoid areas subject to surtax. Furthermore, the key is to minimize the area designated for the head office or main office within the new building and designate the remainder as rental space, thereby reducing the surtaxable area. Recent taxation cases, in particular, demonstrate: Please note that there are many cases where heavy taxation is applied in cases where the corporation does not properly use the assets for the purpose of exemption from heavy taxation or acquires them by taking over a dormant corporation.

3. The building must be prepared for gift tax collection by investigating the source of real estate funds. 

If you acquired real estate in your own name, you are responsible for proving the source of the funds. You must clearly demonstrate the amount and source of funds you own. Failure to do so can result in penalties such as gift tax penalties.

If the source of funds is not properly proven, gift tax and surtax may be imposed.If your business involves a significant amount of cash deposits made through bank accounts, the scope of the investigation may expand to include your business premises. Therefore, if you've acquired excessive real estate relative to your income, it's important to prepare and expand the documentation proving the source of funds in advance.

Here are some ways to expand your documentation. First, in the case of real estate acquisitions, you need to secure proof of account transactions, as they can be accessed through bankbooks. It's also a good idea to prepare objective documentation in advance that can prove your cash flow, such as income, deposits, stocks, and loans, prior to the real estate acquisition. If you have family loans, it's a good idea to prepare them clearly in a tax-deductible manner. If you borrowed money from someone else, such as a family member, you should clearly prove the financial loan relationship by creating a loan agreement and actually paying the interest.