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Lee & Ko Hosts 2026 Tax Forum Addressing the August 2026 Tax Revision Bill and Recent Tax Audit Trends

Lee & Ko hosted the 2026 Lee & Ko Tax Forum, "Key Corporate Response Strategies in Light of the August 2026 Tax Revision Bill and Recent Tax Audit Trends," on Friday, August 28, at Ferrum Hall in Ferrum Tower, Jung-gu, Seoul.

The Forum analyzed the 2026 Tax Revision Bill announced on August 3 and recent tax audit developments, along with their practical implications for businesses. Registration closed ahead of schedule, drawing approximately 200 corporate representatives to a capacity crowd at Ferrum Hall. The sessions focused on the most consequential reforms: the taxation of treasury shares, new valuation rules for listed shares addressing so-called "share price suppression," tax deferral for qualifying corporate divisions and other restructurings of foreign subsidiaries, and the redesign of Korea's family business succession tax regime.

The Forum opened with welcoming remarks from Ok Hyun Ma, Co-Head of Lee & Ko's Tax Group, and was moderated by Sang Hoon Kim, also Co-Head of the Tax Group.

In a keynote preceding the main sessions, Jin Gyu Choi, Director of the Tax Policy Division at the Ministry of Finance and Economy ("MOFE"), delivered "Key Features and Policy Implications of the August 2026 Tax Revision Bill," setting out the principal policy objectives and rationale underlying this year's proposals. As Director of the Tax Policy Division, Mr. Choi oversees the government's tax reform agenda.

In the first session, Hansol Leem presented on "Proposed Tax Amendments Regarding Capital Transactions and Share Valuation." On treasury shares, Mr. Leem explained that the reforms mark a fundamental shift toward treating treasury share transactions as capital transactions regardless of the purpose of acquisition. Because materially different regimes will govern transactions before and after the January 1, 2027 effective date, he noted, companies must weigh the applicable treatment carefully when planning such transactions.

On the newly proposed valuation rules for listed shares targeting so-called "share price suppression," Mr. Leem advised companies to monitor their industry-relative price-to-book ratio (PBR) semiannually and keep contemporaneous documentation of the business rationale for key management decisions, positioning themselves to demonstrate the absence of a tax avoidance purpose. He also discussed the proposed Domestic Production Tax Credit, broadly similar in purpose and structure to the Advanced Manufacturing Production Credit under the U.S. Inflation Reduction Act, advising companies to review the product-specific base credit amounts expected early next year and weigh them against Korea's Integrated Investment Tax Credit to determine which regime is more advantageous.

The second session featured Min Gu Kim, who addressed "Key Developments in International Tax and Business Succession." Mr. Kim explained that the amendments would allow certain taxes arising from qualifying corporate divisions and other restructurings by foreign subsidiaries to be deferred, or the related income excluded from taxable income. Companies contemplating such restructurings should factor the new regime's effective date into their transaction timelines.

On business succession, Mr. Kim highlighted the newly proposed tax relief for third-party business succession, which would benefit both the controlling shareholder transferring the business and the third-party acquirer. He added that the proposal merits attention even from companies that have not viewed Korea's family business succession rules as directly relevant, as it could create new considerations and opportunities from an acquisition strategy and transaction-planning perspective.

In the final session, Tae Woo Kim, a certified tax accountant who previously served as Director of Investigation Division 1, Investigation Bureau 1 of the Seoul Regional Tax Office, presented on "2026 Tax Audit Trends and Risk Management." Mr. Kim examined the areas drawing particular scrutiny in audits of large corporations and broader changes in audit administration. He also addressed practical strategies for invoking and protecting attorney-client privilege ("ACP") during tax audits, in light of recent Supreme Court precedent and amendments to the Attorney-at-Law Act.

Closing the Forum, Sang Hoon Kim observed that the proposed reforms go well beyond technical amendments and contemplate significant changes to the existing tax framework, and he urged companies to begin assessing their impact even before the legislative language is finalized. He added that Lee & Ko's Tax Group will continue to deliver practical, tailored solutions and to share timely insights on significant legislative and regulatory developments.

Lee & Ko's Tax Group brings together more than 90 professionals, including attorneys, certified public accountants, and certified tax accountants. As an integrated, multidisciplinary team, the Group delivers seamless support across the full spectrum of tax matters, from tax advisory and international tax to tax audit defense, controversy, and litigation.

On Tuesday, March 31, 2026, Steve Minhoo Kim, Senior Foreign Attorney at Lee & Ko and Co-Chair of the AMCHAM Taxation Committee, and Jaekyung Han, Senior Foreign Attorney at Lee & Ko, participated in the AMCHAM Taxation Committee Meeting. Steve Minhoo Kim served as moderator, and Jaekyung Han served as speaker, for a seminar titled “Presidential Decree and 2026 Updates.”

Presented to members of the American Chamber of Commerce in Korea (AMCHAM), the seminar provided timely and meaningful insights for foreign-invested companies in Korea on the Ministry of Economy and Finance’s (MOEF) Presidential Decree issued following the 2025 tax law amendments. The seminar also addressed the implications of the recently enacted attorney-client privilege (ACP) framework in the context of tax audits and tax controversy matters.