Gift vs Inheritance Tax Comparison

Compares the total tax on receiving family property now as a gift against receiving it later as an inheritance.

Rules as of 2026-11-13 · Sources: MOLEG statutes · ministry notices

The two cases, side by side

The idea that gifting early saves tax often reverses once you read the provisions. A gift made to an heir within 10 years of death is added back to the estate (제13조), and the deduction cap shrinks by that same amount (제24조). This works both cases on the same footing.

How much, and when

The two cases, side by side

Inherit everything

₩232.8M

Inheritance tax

Gift part of it now

₩232.8M

Gift tax

On these figures the two cost the same.

This assumes death 5 years after the gift and growth of 0% a year. Change either and the answer changes.

Where it goes

Gift tax₩77.6M
Acquisition tax on the gift₩0
Inheritance tax₩155.2M
Acquisition tax on the inheritance₩0
Total₩232.8M

Add-back of the earlier gift

It is added back to the estate. 5 more years are needed to clear it (제13조).

Cap on inheritance deductions

The deductions were below the cap, so nothing was lost. 제24조 sets a ceiling, it does not subtract.

Credit for gift tax paid

₩80M of the gift tax already paid came off the inheritance tax (제28조).

Family and estate
Is there a surviving spouse?
Does the co-residence housing deduction apply?
Who receives it
Is the recipient an heir?

A child or other heir 10years · A grandchild (not an heir) 5years

Is the recipient a minor?
Does the marriage or birth deduction apply?
Filed within the deadline?
If it is real estate
Is the property real estate?
  • Inheritance deductions use the larger of the ₩500M lump sum and «₩200M basic + ₩50M per child» (제21조). Allowances for minors, people aged 65 or over, and people with disabilities are not reflected.
  • The generation-skipping surcharge is applied to the whole computed tax, treating the recipient as the only one. The provisions apply it to that person's share (제27조·제57조).
  • The statutory-share ceiling on the spouse deduction is simplified to the estate times the share.
  • Regulated-area designation is a ministry notice rather than legislation, so it is entered by hand.
  • Gifts with assumed debt are not covered. The debt portion is treated as a sale and follows a different rate structure.
  • Start-up funds and business-succession shares under the special gift-tax regime are not covered. Under 조세특례제한법 제30조의5제9항 they are added back in full regardless of how long ago the gift was made, so passing 10 years does not clear them.

How this works

What it calculates

This calculator lines up two routes for passing on a parent's assets: give part of it now as a gift and inherit the rest later, or give nothing now and inherit everything. The gift route adds gift tax today to inheritance tax later; the inherit-only route has inheritance tax alone. For real estate, acquisition tax is added to both. The output is "on these conditions, this route is cheaper by this much", never a blanket claim that gifting wins.

The biggest variable is how many years pass between the gift and the start of the inheritance. Nobody knows that number, so it is an input. This makes the page less a tool for getting an answer than a tool for seeing, in won, how soon an inheritance would have to start for the gift to have been pointless.

Who uses it and when

Parents wondering whether to transfer assets to their children early, and children who have been asked "do you want it now or later". It is for checking the real numbers on your own family's estate before acting on the common advice that gifting early saves tax.

It matters most when a parent is elderly or in poor health and the inheritance may not be far off. If it starts within the add-back period, the gift saves nothing and costs part of the inheritance deduction on top. If the parent is young and the assets are likely to appreciate, the gift has a genuine advantage. Which case you are in only shows once the conditions are entered.

Legal basis and how the maths runs

The key provisions are 상속세 및 증여세법 제13조 and 제24조. Under 제13조, gifts made to an heir within 10 years before the inheritance begins (5 years for non-heirs such as grandchildren) are added back into the estate to form the taxable value; under 제24조, the inheritance deductions are capped by that add-back amount. To prevent double taxation, 제28조 credits the gift tax calculated at the time against the inheritance tax. Where the taxable value is ₩500 million or less, neither the deduction cap nor the gift tax credit applies.

The calculation follows that sequence. For the inherit-only route, debts come off the whole estate, then the lump-sum, spouse, financial-asset and cohabiting-home deductions, then the rates, then a 3% credit for filing on time. For the gift route, the gift allowance (₩50,000,000 for an adult child) comes off the gift to find the gift tax; inheritance tax is then worked out on the remainder, and if the gift falls inside the add-back window it is added back at its value on the gift date, the deductions are capped, and the gift tax credit is subtracted. A gift to a non-heir grandchild carries a 30% surcharge. For real estate, inheritance acquisition tax at 2.8% (0.8% for a single-home household) and gift acquisition tax at 3.5% (12% under the regulated-zone heavy rate) are added to their respective routes.

A worked example

Take a parent with ₩2 billion, a surviving spouse and two children, who gives one adult child ₩500 million now, with the inheritance starting five years later and asset growth set to zero. Inheriting everything: after the lump-sum and spouse deductions the taxable base is ₩1 billion, the tax before credits is ₩240 million, and the ₩7.2 million filing credit brings it to ₩232.8 million.

On the gift route, ₩500 million less the ₩50,000,000 allowance gives ₩450 million, and the gift tax is ₩77.6 million. Five years later the remaining ₩1.5 billion has the ₩500 million gift added back, the taxable value is ₩2 billion again, the base is ₩1 billion, and from ₩240 million the ₩80 million gift tax credit and then the filing credit come off, leaving ₩155.2 million. Add the gift tax and the total is ₩232.8 million, identical to the inherit-only route to the won. Move the inheritance to eleven years later and the ₩500 million is no longer added back: inheritance tax falls to ₩87.3 million, the total to ₩164.9 million, and the gift route is ₩67.9 million cheaper.

Common mistakes

The most common is looking only at the gift tax and forgetting the add-back. If the inheritance starts within 10 years, the gift goes back into the estate and, as the example shows, the saving is nil. The second is missing that "within 10 years" includes the 10th year exactly. On the anniversary itself the gift is still counted; it takes one more day to clear. That is why the calculator flags the boundary year separately.

The third is leaving growth at zero and concluding there is no difference. The added-back gift is frozen at its value on the gift date, so any rise after that stays out of the inheritance tax. For appreciating assets that is the real advantage of gifting, and it only appears on screen once a growth rate is entered. The fourth is entering the same acquisition tax base for both routes: inheritance uses the assessed value and gifts use the recognised market value, and that gap matters more than the difference in rates. Finally, the result holds only for the assumptions you entered. Since nobody knows when an inheritance will begin, do not decide on this page alone; talk to a tax adviser.

What this is based on

Based on 상속세 및 증여세법 제13조제1항 (add-back: 10 years for gifts to heirs, 5 years for others), 제24조 (cap on deductions: the cap falls by the added-back gift less any gift deduction taken, and applies only where the estate exceeds ₩500M), 제26조 (rates), 제28조 (credit for gift tax: the credit is the computed gift tax at the time, capped by the share of the tax base the added-back gift represents; no credit where the estate is ₩500M or less), 제53조 (gift deduction: ₩50M over 10 years across all lineal ascendants, ₩20M for a minor), 제53조의2 (marriage and birth deduction: ₩100M for both combined), 제57조 (30% surcharge on gifts to lineal descendants below a child, 40% where a minor receives over ₩2bn), 제27조 (the same for generation-skipping inheritance), 제19조·제21조·제22조·제23조의2 (inheritance deductions), and 제69조 (3% filing credit, computed after the surcharge is added and other credits deducted). Acquisition tax follows 지방세법 제11조제1항제1호나목 (2.8% on inheritance), 제2호 (3.5% on gifts), 제15조제1항제2호가목 (0.8% for a single-home inheritance, being the standard rate less the 2% base rate), and 제13조의2제2항 (12% on gifts of regulated-area housing, with the proviso excluding gifts by a one-home household to a spouse or lineal relative).

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Common questions

Does gifting early reduce the tax?
Sometimes, and sometimes it increases it. A gift to an heir within 10 years of death is added back to the estate (제13조제1항제1호), and the cap on inheritance deductions falls by that amount (제24조제3호). So when death follows soon, the gift saves nothing and costs deductions. Past 10 years, or where the property rises sharply, gifting comes out ahead.
So after 10 years it always wins?
It clears the add-back. But gift tax was already paid, and for real estate so was acquisition tax at 3.5% against 2.8% on inheritance (0.8% where the heir ends up with one home). The inheritance-tax saving has to exceed all of that. Where the property does not appreciate, it often does not.
Why do the inheritance deductions shrink?
제24조 says deductions are limited to the estate less the amounts in each subparagraph, and subparagraph 3 is the added-back gift, net of any gift deduction taken. It is a ceiling rather than a subtraction, so if the deductions already sit below the cap, nothing changes.
Why ask about growth?
Because the added-back gift is frozen at its value on the gift date. Anything it gains afterwards stays outside the estate even if death follows within 10 years. That is the real advantage of gifting an asset that will rise. Since nobody knows by how much, the figure is yours to enter.
What about gifting to a grandchild?
The gift tax carries a 30% surcharge (제57조제1항), or 40% where a minor receives over ₩2bn. In exchange, a grandchild is not an heir, so the add-back window is 5 years rather than 10 (제13조제1항제2호). Inheriting across a generation carries the same surcharge (제27조).
Why is acquisition tax entered separately?
Because the two are charged on different bases. Inheritance uses the published price, gifts use the recognised market value. The rate gap is 0.7 percentage points, but published prices often sit at 60 to 70% of market value, so the real gap is far wider.
Is it 12% in a regulated area?
For a gifted home with a published price of ₩300M or more, yes (지방세법 제13조의2제2항). The proviso to that paragraph excludes gifts by a one-home household to a spouse or lineal relative, so if the parent owns only that home, gifting it to a child is not caught.
Who counts towards the one-home household?
지방세법 시행령 제29조제1항 counts the family recorded alongside the heir on the household resident registration record, excluding lodgers. Two things trip people up. First, an unmarried lineal descendant under 30 counts as part of the household even after registering separately. Splitting the registration does not remove them. Second, a name on the record does not always count. The provision already excludes overseas nationals under 「주민등록법」 제6조제1항제3호, and in a ruling of 2026-06-25 (조심 2026방0136, published 2026-09-04) the Tax Tribunal went further: a child over 30 whose real base of life is shown to be abroad forms a separate household even without that overseas registration. That is one case rather than a change in the law, so the substance has to be evidenced, with the overseas-resident certificate and entry-exit records.
Can I decide on this alone?
Treat it as a starting point. The answer turns on when death occurs, which nobody knows. The calculation also reflects only the child allowance among the personal deductions, treats the recipient as the only one for the surcharge, and does not cover gifts with assumed debt. Speak to a tax professional before acting.

Explainers that cover this

The assumptions and the statutes behind them, written out.

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