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The heavy capital gains rate is not set by house count alone — regulated area and sale date decide it

A home bought for ₩1B and sold for ₩1.5B, a ₩500M gain after ten years. One seller paid ₩146.36M in capital gains tax, another ₩354.54M. Same home, same gain, same holding period, and the reasons for the gap of over ₩200M were three: how many homes the seller held, whether the home was in a regulated area, and when it was sold. The heavy rate applies only when all three conditions meet at once, and if one is missing it does not; and when it applies, losing the entire long-term holding deduction comes before the +20 or +30 points of rate.

Rules as of 2026-10-28 · Sources: MOLEG statutes · ministry notices

Conditions used in the calculation

Case
bought ₩1B · sold ₩1.5B · ₩500M gain · held 10 years · 40% base bracket
Step ①
house count (the household as of the sale date) · second home +20 points · third or more +30 points · exclusions by decree
Step ②
regulated area (is the home sold in a regulated area on the sale date) · at sale, not at purchase
Step ③
sale date · suspended from 2022-05-10 for four years · ended 2026-05-09 · resumed 2026-05-10 · contracts by 9 May excluded by settlement deadline (existing 9 September · new 9 November)
Step ④
what disappears · the long-term holding deduction is excluded under the heavy rate · 20% at 10 years · 30% at 15
Timing
as of 2026-09-05 the heavy rate resumed on 10 May applies · the 2027 +5/+10 point relief proposal has not passed

Results

No heavy rate (second home outside a regulated area, etc.)
20% deduction ₩100M · base ₩397.5M × 40% = ₩146.36M
Third home · regulated · heavy rate
no deduction · base ₩497.5M × 70% = ₩354.54M
Second home · regulated · heavy rate
60% · ₩299.81M (one designation moves over ₩150M)
Cost of the heavy rate (second home)
₩299.81M − ₩146.36M = ₩153.45M (the lost deduction comes first)
If one home
₩100M above ₩1.2B · 80% deduction · ₩1,501,500 (the exemption lecture)
Three dates
contract 2026-05-09 · settlement existing regulated areas (Gangnam, Seocho, Songpa, Yongsan) 2026-09-09 · areas newly designated on 2025-10-16 2026-11-09
At 15 years held
the deduction lost is 30%

At a glance

The same ₩500M gain · 10 years held, capital gains tax under three conditions

Without the heavy rate ₩146.36M; second home ₩299.81M; third home ₩354.54M.

  • No heavy rate (20% deduction · 40%)₩146.36M
  • Second home · regulated · heavy (60%)₩299.81M
  • Third home · regulated · heavy (70%)₩354.54M

Why it works this way

A home bought for ₩1B and sold for ₩1.5B: a ₩500M gain after ten years. One seller paid ₩146.36M in capital gains tax and another ₩354.54M. Same home, same gain, same holding period. The reasons for a gap of over ₩200M were three: how many homes the seller held, whether the home was in a regulated area, and when it was sold. The heavy rate is not set by house count alone. All three conditions must meet at once, and if one is missing it does not apply. Most people either fear the heavy rate on any second home or, hearing of the suspension, set a settlement date at ease; either way hundreds of millions go wrong, setting a settlement date without knowing what was missed. Looking only at the rate is common, but the lost deduction is bigger. As of 2026-09-05 the 2027 temporary relief proposal has not passed.

Step ① House count, by the household on the sale date

Income Tax Act Article 104(7) · Enforcement Decree Article 167-3.

  1. Testthe household's homes as of the sale date · second +20 points · third or more +30 points · household combined · exclusions by decree
  2. ₩500M gainbase ₩497.5M · base rate 40% · second-home heavy rate 60% · third-home heavy rate 70%
  3. Taxsecond home ₩299.81M · third home ₩354.54M

The settlement date is the sale date, so selling first takes you out, and order changes the tax. Without an order, the first home sold carries the heavy rate and costs over ₩200M more.

Step ② The regulated area. If the home sold is not in a regulated area, there is no heavy rate. The test is on the sale date, not the purchase date. Outside a regulated area it is 40% with the 20% deduction, ₩146.36M; inside, ₩299.81M, so one designation moves over ₩150M. The government designates and lifts, and coverage starts on the designation date. Regulated status at purchase affects the residence requirement for the exemption, while status at sale affects the heavy rate, which is where people get confused. Not knowing, you cross a designation date into the heavy rate or sell in a hurry not realizing it was lifted.

Step ③ The sale date, 10 May and the settlement deadlines

Suspension 2022-05-10 to 2026-05-09 · transitional measures.

  1. Suspension endedfour years from 10 May 2022 → ended 9 May 2026 · resumed 10 May
  2. Transitionalcontracts by 9 May excluded by settlement deadline · existing regulated areas (Gangnam, Seocho, Songpa, Yongsan) 9 September · areas newly designated on 2025-10-16 9 November
  3. As of 2026-09-05the heavy rate resumed on 10 May applies · the 2027 +5/+10 point relief proposal has not passed

The end of the suspension and the relief proposal fell in the same year, which confuses people. Not knowing, you miss the transitional deadline by a day or delay trusting the proposal.

Step ④ What disappears is the long-term holding deduction. Under the heavy rate the deduction is excluded entirely. Twenty percent for ten years was a ₩100M cut from the ₩500M gain, and under the heavy rate that ₩100M stays in the base. A second home without the heavy rate is ₩397.5M × 40% = ₩146.36M; with it, ₩497.5M × 60% = ₩299.81M, and the ₩153.45M difference is first the lost deduction. The longer held, the bigger the cost: at 15 years the lost deduction is 30%. Not knowing, you estimate low trusting the deduction and lose it all. The pre-sale sheet is three lines: ① the household's homes on the sale date, and if two or more, the order of sale; ② whether the home sold is in a regulated area on the sale date; ③ if the contract predates 9 May, the settlement deadline, otherwise the resumed heavy rate. One missing means no heavy rate; all three means +20/30 points and no deduction. With three lines, sale preparation is done; for one home, see the five steps of the exemption lecture.

All four steps are passed: house count, regulated area and sale date meeting, and the deduction disappearing before the rate. The same ₩500M gain split into ₩146.36M and ₩354.54M on three conditions. Without an order, over ₩200M; one day misses the transitional deadline; delaying on the proposal leaves a rate that has not fallen. Two things to do now: record the household's homes and regulated status as of the sale date, and compare the contract and settlement dates against 9 May, 9 September and 9 November. House-count exclusions vary by timing and the 2027 relief proposal has not passed the Assembly, so for gains in the hundreds of millions consult a tax adviser.

The legal basis

Drawn from government announcements and the statutes themselves as primary sources, covering only the relevant part.

Income Tax Act Article 104(7) (Heavy rate on multiple homes in regulated areas)

In force Current · resumed 2026-05-10 (checked 2026-09-05)

A two-home household selling a home in a regulated area pays the base rate + 20 points, three or more homes + 30 points. The long-term holding deduction does not apply.

What this means

When three conditions meet, the rate rises and the deduction vanishes. The lost deduction comes first.

Income Tax Act Article 95(2) (Long-term holding deduction, Table 1)

In force Current (checked 2026-09-05)

6% at three years' ownership, 2% more each year, 20% at ten years, 30% at fifteen or more.

What this means

The ₩100M for ten years stays in the base under the heavy rate. The longer held, the greater the cost.

Income Tax Act Enforcement Decree Addenda (Suspension · Transitional measures)

In force Suspension 2022-05-10 to 2026-05-09 · settlement deadlines 2026-09-09 / 2026-11-09

Sales from 10 May 2022 to 9 May 2026 excluded from the heavy rate. Contracts by 9 May 2026 excluded if settled by 9 September 2026 for existing regulated areas (Gangnam, Seocho, Songpa, Yongsan) or 9 November 2026 for areas newly designated on 2025-10-16.

What this means

A single day's sale date decides the heavy rate. Compare contract and settlement dates against the three dates.

Income Tax Act Article 89(1)3 (One-home exemption)

In force Current (checked 2026-09-05)

A one-home household's sale at ₩1.2B or less is exempt. The excess uses Table 2 of the long-term deduction (up to 80% for ownership and residence).

What this means

For one home this is the exemption lecture, not this one. The same ₩500M gain becomes ₩1,501,500.

Run it on your own numbers

The calculator opens with these conditions already filled in. Change the figures and your own case comes straight out.

Open the Capital Gains Tax Calculator

Frequently asked

Does a second home always get the heavy rate?

No. The home sold must be in a regulated area on the sale date and the sale date must be on or after 10 May 2026. All three conditions must meet at once; one missing means no heavy rate.

It was a regulated area when I bought but has since been lifted.

The heavy-rate test is on the sale date. If it is not a regulated area when you sell, there is no heavy rate. Regulated status at purchase separately affects the residence requirement for the one-home exemption.

I contracted before 9 May but settlement is late.

Under the transitional measures, settling an existing regulated areas (Gangnam, Seocho, Songpa, Yongsan) by 9 September or a areas newly designated on 2025-10-16 by 9 November keeps you out of the heavy rate. After that, the resumed heavy rate applies.

What does it mean that the deduction matters more than the +20 points?

Under the heavy rate the long-term holding deduction disappears entirely. The 20% for ten years was a ₩100M cut from ₩500M, and that ₩100M staying in the base raises the tax before the rate increase does.

Relief is coming in 2027. Should I wait?

The proposal to cut it to +5 and +10 points is under review in the Assembly as of 5 September 2026 and has not passed. Selling now means the heavy rate resumed on 10 May applies.

Does the order matter when selling both homes?

Yes. The settlement date is the sale date, so the first home sold is sold as a second home and the later one as a single home. Without an order, the first sale carries the heavy rate and costs over ₩200M more.

Results are estimates based on the inputs and on the rules as at the stated date. They may differ from a lender's actual assessment, and the rules change often. Take professional advice before any decision that matters.