Lawyer, Tax Work Restrictions... Tax Accountant Act Amendment Passes National Assembly Finance Committee
Tax Accountant Act Passes Finance and Economy Committee in the National Assembly on the 16th
[Asia Economy Reporter Jang Sehee] From now on, lawyers will not be allowed to perform core tax tasks such as bookkeeping agency and diligent report confirmation. The conflict between lawyers and tax accountants continued, and the National Assembly sided with the tax accountants.
On the 16th, the National Assembly's Planning and Finance Committee held a plenary session and passed an amendment to the Tax Accountant Act containing these provisions. The amendment allows lawyers to perform tax agency work but excludes two tasks: bookkeeping agency and diligent report confirmation. Additionally, lawyers must undergo one month of prior practical training when performing tax agency work.
The Tax Accountant Act had to be amended by the end of 2019 after the Constitutional Court ruled in April 2018 that the provision blocking lawyers who automatically acquired tax accountant qualifications from performing tax agency work was unconstitutional. However, due to delayed legislation, there was a legal gap starting from January 2020.
Even afterward, conflicts between the tax accountant industry and the legal community over allowing lawyers to perform tax accountant duties continued, resulting in a legislative gap lasting one year and seven months.
The Constitutional Court, the day before, ruled constitutional by a 5 (constitutional) to 4 (unconstitutional) decision in a constitutional complaint trial stating that the provision of the Tax Accountant Act setting the qualification requirements for tax accountants infringes on the freedom of occupational choice.
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Meanwhile, the amendment to the Tax Accountant Act passed by the Planning and Finance Committee plenary session on the same day will be referred to the National Assembly's Legislation and Judiciary Committee. Once it passes the plenary session of the National Assembly, the legislative gap situation will come to an end.
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