Taxes on Rights to Acquire Apartments and Membership Rights: Tax Exemption Depends on 'Order of Acquisition'

Rights to acquire new apartments (bunyang-gwon) and membership rights (ipju-gwon) may look similar on the surface, but they show significant differences in applied tax rates, methods for calculating the number of houses owned, and tax exemption requirements under tax laws. In particular, when acquiring these rights while already owning an existing house, caution is required as the eligibility for tax exemption can be determined by the "order of acquisition"—which one was acquired first.

Bunyang-gwon and Ipju-gwon have different tax rates and criteria for determining the number of houses

According to a video by Jeolsemi-nam_SemusaTVISeongho, bunyang-gwon refers to the right to be supplied a house through winning a subscription or a general sale contract, while ipju-gwon means the right for an existing real estate owner to receive a new apartment through urban redevelopment or reconstruction projects. These two show clear differences in capital gains tax rates. For bunyang-gwon, a fixed tax rate of 70% is applied for holding periods of less than one year, and 60% for one year or more, regardless of the holding period. For example, if a capital gain of 100 million won is generated from a bunyang-gwon, the tax could reach approximately 64 million won, including local income tax, based on a tax base of about 97 million won excluding necessary expenses, meaning one might have to pay about 65% of the capital gain in taxes. On the other hand, for ipju-gwon, if held for two years or more, the same basic tax rates (6–45%) applied to general houses can be received.

The method for calculating the number of houses is also different. Even if a building is demolished due to reconstruction and only land remains, holding an ipju-gwon can affect the determination of the number of houses for acquisition tax or capital gains tax. In the case of bunyang-gwon, the determination is based on the number of houses per household at the time of acquisition. For example, if a bunyang-gwon is acquired in 2026 while being homeless, even if another apartment is purchased in 2027, the number of houses per household at the time the bunyang-gwon was acquired is, in principle, checked when determining the number of houses for acquisition tax.

Tax exemption special cases: 'Transfer within 3 years' and 'Order of acquisition' are key

The tax exemption special cases applied when acquiring bunyang-gwon or ipju-gwon while holding an existing house change completely depending on the "order of acquisition." The video explains based on the case where they are acquired in the order of 'House → Bunyang-gwon/Ipju-gwon'. If a bunyang-gwon (or ipju-gwon) is purchased one year after acquiring an existing house, it is possible to receive a tax exemption only if the existing house is sold within three years from the date of acquiring the bunyang-gwon. However, the existing house itself must satisfy the one-household one-house tax exemption requirements, such as the holding period or a residence period of two years or more if necessary.

Even if three years have passed, there is a way to be relieved. Within three years after the completion of the new house, the entire family must move into this house and reside there for one year or more. However, if there are unavoidable reasons defined by tax law, such as a child's school, work, or illness, the tax exemption for the existing house can be granted if the remaining family members meet the actual residence requirement, excluding the relevant family member. Additionally, it is possible to receive a tax exemption if the existing house is sold before the completion of the new house or within a maximum of three years after its completion.

On the other hand, the situation is different in the case of acquiring in the order of 'Bunyang-gwon → House'. The video mentions a case of interpretation by the National Tax Service stating that if a house is purchased after already holding a bunyang-gwon, the aforementioned tax exemption special cases cannot be applied when selling that house. In other words, the eligibility for tax exemption can change 180 degrees depending on the "starting point of the picture," which is which right was held first.

Timing of acquisition of new houses and tax exemption special cases upon inheritance

The "timing of acquisition," which calculates the holding period after a new apartment is completed, is also important. In the case of a general sale apartment, the "date of full payment of the balance" is, in principle, the date of acquisition. For example, if the balance is fully paid on February 10, 2029, the holding and residence periods are calculated from that date. However, if the building was incomplete at the time the balance was paid, it must be judged based on one of the following: the date of approval for use of the construction, the date of actual use, or the date of temporary approval for use. It can be risky to calculate the holding period based simply on the day moving goods were brought in.

In particular, "successor members" who purchase an ipju-gwon after the management disposal plan approval need to be careful. Even if the previous owner held the apartment for 20 years before reconstruction, the successor member cannot inherit that period. This is because when a successor member acquires a new house, it is legally viewed as a new acquisition based on the date the approval for use (completion date) of the new house is issued.

Exception regulations due to inheritance also exist. In cases where a bunyang-gwon or ipju-gwon is inherited from parents who are in a separate household, there are cases where the tax exemption special case can be recognized without considering the increase in the number of houses due to the inherited right when selling the previously held house. Additionally, in the case of an inherited house, ipju-gwon, or bunyang-gwon, they are excluded from the calculation of the number of houses for heavy acquisition tax if five years have not passed since the date of inheritance.

In conclusion, when planning tax strategies related to bunyang-gwon and ipju-gwon, one must comprehensively review: ▲the acquisition date of the existing house ▲the acquisition date of the right ▲the management disposal plan approval date ▲the balance payment date and completion date of the new house ▲and the three-year deadline for applying the tax exemption.