Income Tax Act Article 102-2

A profit-seeking enterprise shall, during the period from May 1 to May 31 in the year following the year for which an income tax return shall be filed, fill out and submit to the competent tax authority a tax return indicating therein the retained earnings as calculated in accordance with Paragraph 2 of Article 66-9 and the amount of additional income tax which shall be paid before the filing of the tax return. This tax return shall still be filed even if the amount of the retained earnings so calculated turns out to be zero or a negative figure.In the case where a profit-seeking enterprise is dissolved or merged with another profit-seeking enterprise prior to its filing of the income tax return under the preceding paragraph, it shall, within forty-five days from the date of dissolution or merger, file to the competent tax authority a tax return concerning its retained earnings which have not been surcharged with an additional ten percent profit-seeking income tax up to the date of its dissolution or merger, and shall calculate and make the payment of such surcharged tax before filing the tax return. Upon failure of a profit-seeking enterprise to declare such portion of retained earnings within the aforementioned filing period, the tax authority shall forthwith investigate the case, assess the amount of the surcharge income tax on such retained earnings, and notify, by a notice, the said profit-seeking enterprise to pay the surcharge tax accordingly.Where a profit-seeking enterprise has obtained from the competent tax authority an approval to the change of its fiscal year, it shall include its retained earnings which have not been surcharged with a ten percent additional profit-seeking income tax prior to such change of its fiscal year into the amount of its retained earnings in the fiscal year after the change of its fiscal year, and shall take appropriate action in accordance with Paragraph 1 of this article.When filing its tax return in accordance with Paragraphs 1 and 2 of this article, the profit-seeking enterprise shall submit along with the tax return the receipt of its self-paid tax payment and other relevant evidential documents.