| contents | |||||||||||||
| INCOME | |||||||||||||
| A. Taxable Income | |||||||||||||
| As stated above, resident individuals are taxed on their worldwide income. Non-resident | |||||||||||||
| individuals are taxed only on Korean-source income. | |||||||||||||
| Regarding taxation method, income derived by residents and non-residents is subject to | |||||||||||||
| global and schedular taxation. | |||||||||||||
| ¡© Under global taxation, interest, dividend, real estate rental income, business income, | |||||||||||||
| wages and salaries, temporary property income, pension income, and other income are | |||||||||||||
| aggregated and taxed progressively. It is notable that Interest and dividends were taxed | |||||||||||||
| globally until 1997, and then they were temporarily excluded from global taxation. A | |||||||||||||
| combined income of dividend and interest exceeding 40 million Won is subject to global | |||||||||||||
| taxation, otherwise interests and dividends are subject to withholding tax of 15%. | |||||||||||||
| ¡© Under schedular taxation, however, capital gains, retirement income, and timber income | |||||||||||||
| are taxed separately at varying tax rates. | |||||||||||||
| GLOBAL INCOME | |||||||||||||
| Global income is the income which is subject to global taxation and includes interest, | |||||||||||||
| dividend (including deemed dividend), real estate rental income, business income, wage and | |||||||||||||
| salary, temporary property income, pension income and other income. | |||||||||||||
| * Interest | |||||||||||||
| - Interest and discount amounts received during a tax year from debentures and securities | |||||||||||||
| issued by a government or a domestic or foreign corporation | |||||||||||||
| - Interest and discount amounts received during a tax year from deposits and installment | |||||||||||||
| savings payable both within and outside Korea | |||||||||||||
| - Profits from Trusts | |||||||||||||
| - Interest from non-commercial loans | |||||||||||||
| - Savings-type insurance premiums with a maturity of less than seven years | |||||||||||||
| * Dividends | |||||||||||||
| - Dividends, distributions of surplus, and interest received from a domestic or foreign | |||||||||||||
| corporation during construction | |||||||||||||
| - Distributions of profits received from a non-corporate entity such as private associations | |||||||||||||
| or foundations | |||||||||||||
| - Deemed dividends and distributions | |||||||||||||
| - Amounts designated as dividend by the Corporation Tax Law | |||||||||||||
| - Distributions of profits arising from securities investment trusts, except for profits or | |||||||||||||
| losses arising from the transfer or revaluation of securities listed on the Korean Stock | |||||||||||||
| Market or the Korean over-the-counter trading market (KOSDAQ) | |||||||||||||
| * Real estate rental income | |||||||||||||
| - Income from leasing land, from fixtures thereon, and rights pertaining thereto | |||||||||||||
| - Income from leasing mining and factory foundations or from mining rights | |||||||||||||
| * Business income | |||||||||||||
| - Profits from livestock, forestry, hunting, and fishing industries | |||||||||||||
| - Profits from mining and quarrying | |||||||||||||
| - Profits from manufacturing | |||||||||||||
| - Profits from provision of electricity, gas, and water services | |||||||||||||
| - Profits from construction business | |||||||||||||
| - Profits from wholesale or retail trade, operation of a hotel, or catering | |||||||||||||
| - Profits from transporting, warehousing, or communications | |||||||||||||
| - Profits from banking, insurance, and real estate dealing | |||||||||||||
| - Profits from real estate business, leasing, and business services | |||||||||||||
| - Profits from educational services | |||||||||||||
| - Profits from health and social welfare services | |||||||||||||
| - Profits from social and personal services | |||||||||||||
| - Profits from household services | |||||||||||||
| * Wage and salary income | |||||||||||||
| ¡© Class A: | |||||||||||||
| Wage, salary, remuneration, allowance, bonus, and any other allowance of a similar | |||||||||||||
| nature received in return for services | |||||||||||||
| Income, other than retirement income, received due to retirement | |||||||||||||
| ¡© Class B: | |||||||||||||
| Wages and salaries received from a foreign agency or from the U.N. Forces in Korea | |||||||||||||
| (excluding the U.S. Armed Forces) | |||||||||||||
| Wages and salaries received from a foreigner or foreign corporation outside Korea, | |||||||||||||
| excluding those claimed as a deductible expense for a Korean place of business of a | |||||||||||||
| non-resident or a foreign corporation | |||||||||||||
| * Temporary property income | |||||||||||||
| - Gains from the alienation of paintings, writings, or antiques as prescribed by the | |||||||||||||
| Presidential Decree | |||||||||||||
| - Gains from the alienation of mining rights, fishing rights, industrial property rights, | |||||||||||||
| industrial information, industrial secrets, trademarks, goodwill (including certain leases of | |||||||||||||
| stores), rights derived from the permission to exploit earth, sand, and stone, the right to | |||||||||||||
| exploit and use of subterranean water, etc. | |||||||||||||
| * Pension income | |||||||||||||
| - national pension | |||||||||||||
| - public official pension | |||||||||||||
| - retirement pension | |||||||||||||
| - private pension, as set out in the Special Tax Treatment Law | |||||||||||||
| - incomes similar to those above, which are paid in the form of annuities. | |||||||||||||
| * Other income | |||||||||||||
| ¡© The term "other income" denotes specifically designated categories of income other | |||||||||||||
| than interest, dividends, real estate rental income, business income, wages and salaries, | |||||||||||||
| temporary property income, retirement income, timber income, and capital gains. Other | |||||||||||||
| income includes the following: | |||||||||||||
| ¡¤ prize money awards and other similar money or goods, | |||||||||||||
| ¡¤ money or goods received from participation in a lottery, and any other prize won in | |||||||||||||
| a contest, | |||||||||||||
| ¡¤ race ticket winnings, | |||||||||||||
| ¡¤ fees for use of copyrighted materials received by any person other than the creator of | |||||||||||||
| the material, | |||||||||||||
| ¡¤ royalties given as consideration of using films or tapes for radio or television | |||||||||||||
| broadcasting, or from such use of other similar assets or rights, | |||||||||||||
| ¡¤ rent derived from a temporary lease of real estate or personal property, goods, or | |||||||||||||
| places, and | |||||||||||||
| ¡¤ damages or indemnity payments for breach or cancellation of a contract. | |||||||||||||
| NON-GLOBAL INCOME (SCHEDULAR INCOME) | |||||||||||||
| Non-global income denotes the income which is separately taxed from the global income | |||||||||||||
| at varying rates. It includes Retirement income, Capital gains and Timber income. | |||||||||||||
| * Retirement income | |||||||||||||
| ¡© Class A: Retirement allowances: retirement allowance from the reserve of the National | |||||||||||||
| Pension Fund received by a Class A wage and salary income earner | |||||||||||||
| ¡© Class B: Retirement allowance received by a Class B wage and salary income earner | |||||||||||||
| * Timber income | |||||||||||||
| ¡© Income arising from sale of timber as designated by law | |||||||||||||
| * Capital gains | |||||||||||||
| ¡© Income arising from the transfer of land or buildings | |||||||||||||
| ¡© Income arising from the transfer of rights related to real estate | |||||||||||||
| ¡© Income arising from transfer of shares in an unlisted company | |||||||||||||
| B. Non-Taxable Income | |||||||||||||
| Non-taxable income is the income for which the Government waives its taxing rights. | |||||||||||||
| Whether an application for non-taxation is made or not, this kind of income is not | |||||||||||||
| taxable. A few examples for each income are addressed as follows. | |||||||||||||
| INCOME DEDICIATED TO PUBLIC GOODS | |||||||||||||
| Profits from property placed in trusts for public welfare | |||||||||||||
| RENTS FROM CERTAIN CATEGORIES OF REAL ESTATE | |||||||||||||
| Income from the lease of rice fields or dry fields etc. | |||||||||||||
| INTEREST, DIVIDEND INCOME | |||||||||||||
| Interest from long term home savings; over seven years and less than 1 million Won per | |||||||||||||
| month ; | |||||||||||||
| Interest or dividends from special employee savings of 500,000 Won or less per month; | |||||||||||||
| those with yearly income of less than 30 million Won ; and so on. | |||||||||||||
| BUSINESS PROFITS | |||||||||||||
| Profits not exceeding 12 million Won per year from other auxiliary businesses, such as | |||||||||||||
| fish breeding, straw production, and so on. | |||||||||||||
| WAGE AND SALARY INCOME AND RETIREMENT INCOME | |||||||||||||
| Pay received by certain enlisted men in the armed forces, or persons mobilized under law | |||||||||||||
| Compensation or other payments made for consolation received by those injured or | |||||||||||||
| debilitated while furnishing a service | |||||||||||||
| Education fees as prescribed by the Presidential Decree | |||||||||||||
| Payments in the nature of reimbursement for expenses actually incurred (including such | |||||||||||||
| items as overseas service allowance, housing allowance, etc., received by foreign wage and | |||||||||||||
| salary earners) | |||||||||||||
| Wages received by the person working in a foreign government or an international | |||||||||||||
| organization(the United Nations and its affiliated organs) as prescribed by the Presidential | |||||||||||||
| Decree ; in case of a foreign government, the principle of reciprocity is applied | |||||||||||||
| Wages not in the form of an overseas service not exceeding 1.5 million Won per month | |||||||||||||
| Reimbursement expenses of those prescribed by the Presidential Decree | |||||||||||||
| Allowances for night shifts, overtime work, and holiday duty received by blue-collar | |||||||||||||
| employees with monthly wages not exceeding one million Won | |||||||||||||
| OTHER INCOME | |||||||||||||
| Awards or compensation received under the National Security Law ; and so on. | |||||||||||||
| CAPITAL GAINS | |||||||||||||
| Capital gains from the disposition of real estate resulting from adjudication of bankruptcy; | |||||||||||||
| Capital gains from exchanges, division, or annexation of farmland by the government and | |||||||||||||
| local autonomous bodies or from the exchange of land by the owner for his own | |||||||||||||
| cultivation | |||||||||||||
| Capital gains from the transfer of one house per household, together with the land upon | |||||||||||||
| which the house sits (limited to an area of ten times the floor space of the house, or five | |||||||||||||
| times the floor space in a designated urban planning district): To obtain this exemption, | |||||||||||||
| the house must be held by the seller for more than three years, and the house must not | |||||||||||||
| be "luxurious," i.e., not worth more than 600 million Won. This exemption is extended to | |||||||||||||
| a second house per household in case where a taxpayer acquires a rural house (located in | |||||||||||||
| areas other than Seoul or Kyunggi-do) by inheritance, or for the purpose of returning to a | |||||||||||||
| farming lifestyle, or due to rural exodus and so on. | |||||||||||||
| ANNUITY INCOME | |||||||||||||
| Survivor's pension or disability pension received under the National Pension Act; | |||||||||||||
| Various annuities received under the Industrial accident Compensation Insurance Act etc. | |||||||||||||
| C. Tax-exempt Income | |||||||||||||
| WAGE AND SALARY INCOME | |||||||||||||
| In case a taxpayer has any income counted in the taxable global income as follows, an | |||||||||||||
| amount calculated by multiplying the amount of calculated global income tax by the ratio | |||||||||||||
| of the said income to the taxable global income is exempt from income tax upon | |||||||||||||
| submitting an application for tax-exemption: | |||||||||||||
| ¡© Wages receivable by a foreigner sent to Korea under a governmental agreement from | |||||||||||||
| both parties or one party; | |||||||||||||
| ¡© Wages receivable by a foreigner who furnishes work or services under a technology | |||||||||||||
| inducement contract within 5 years from the date of authorization of the contract; or | |||||||||||||
| ¡© Income accruing from the operation of ships or aircraft engaged in international traffic | |||||||||||||
| by non-residents and alien residents, provided that the reciprocity basis is applied. | |||||||||||||
| CAPITAL GAINS | |||||||||||||
| In case a taxpayer has the following capital gains, the exempted amount is calculated by | |||||||||||||
| applying the above provisions; | |||||||||||||
| ¡© Capital gains from transfer of land and building for the purpose of moving a factory | |||||||||||||
| which has operated for 5 or more years; | |||||||||||||
| ¡© Capital gains from transfer of land and building for the purpose of moving a ranch | |||||||||||||
| which has been operated for 10 or more years. | |||||||||||||
| The provisions governing calculation of taxable income are applicable on the basis of the | |||||||||||||
| real contents thereof. | |||||||||||||
| The tax base shall be calculated for global income, retirement income, timber income and | |||||||||||||
| capital gains, respectively. However, any losses or losses carried over within 5 years in | |||||||||||||
| real estate rental, business or timber income may be offset against the amount of global | |||||||||||||
| or timber income on the basis of the summing up calculation. | |||||||||||||
| The global income tax base is the amount remaining after deducting personal exemptions | |||||||||||||
| from the aggregate of taxable global incomes such as interest income, dividend income, | |||||||||||||
| real estate income, business income, wage and salary income, and other income. | |||||||||||||
| The following incomes are not included in the global income but are either assessed | |||||||||||||
| separately or are non-taxable: | |||||||||||||
| ¡© Non-taxable income | |||||||||||||
| ¡© Wage of workers paid on a daily basis | |||||||||||||
| ¡© Interest and dividend income subject to separate taxation which is eligible for reduced | |||||||||||||
| withholding rates | |||||||||||||
| ¡© Excessive refund of the workplace mutual-aid association as prescribed in the Income | |||||||||||||
| Tax Law | |||||||||||||
| ¡© Other income of not more than 3 million Won per year as prescribed in the Law | |||||||||||||
| ¡© Annuity income subject to separate taxation pursuant to the provisions of the Law | |||||||||||||
| The tax base of retirement income, timber income or capital gains is the amount | |||||||||||||
| remaining after deducting personal exemptions from the respective income amount (the | |||||||||||||
| personal exemption may be deducted if there is any residual after deducting from global | |||||||||||||
| income). | |||||||||||||
| The taxable period for gross receipts and necessary expenses of a resident is the period to | |||||||||||||
| which the receipts and expenses should be attributed and reported. The timing for | |||||||||||||
| attribution, for each type of income, is as follows. | |||||||||||||
| Generally individual taxpayers use the calendar year as tax year; January 1 through | |||||||||||||
| ## | |||||||||||||
| January 1 through the date of death, in the case of death of a resident | |||||||||||||
| January 1 through the date of leaving Korea, in the case of a resident who becomes a | |||||||||||||
| non-resident | |||||||||||||
| Actual dividend and distribution : Amount of income | |||||||||||||
| Deemed dividend | |||||||||||||
| ¡© The amount in excess of the investment received by an investor through decreasing the | |||||||||||||
| capital of a corporation. ; | |||||||||||||
| ¡© The value of stock dividends or any other corporate rights received by stockholders or | |||||||||||||
| investors by capitalizing corporate surplus except for capital reserves or reserves for | |||||||||||||
| assets revaluation. ; and so on | |||||||||||||
| Taxable income | |||||||||||||
| ¡© Total amount of income in each taxable period remaining after deduction of necessary | |||||||||||||
| expenses and losses carried over within 5 years from gross receipts | |||||||||||||
| Gross receipts | |||||||||||||
| ¡© Aggregate of receipts accruing from lease of real estate | |||||||||||||
| ¡© If key money or deposit is received as a rent and the tax base is determined by | |||||||||||||
| estimation or the deposit is used as prescribed in the Presidential Decree, the amount | |||||||||||||
| calculated by multiplying the key money or deposit exceeding the construction expenses | |||||||||||||
| of the rental estate by the interest rate for a time period maturing in one year as of the | |||||||||||||
| closing date of the taxable period makes an amount of gross receipts. | |||||||||||||
| Necessary expenses | |||||||||||||
| ¡© Aggregate of expenses required to produce the total amount of income earned during | |||||||||||||
| the taxable period | |||||||||||||
| ¡© If the tax base is determined on the basis of estimation, the standard expenses determined | |||||||||||||
| by the Government are regarded as necessary expenses. | |||||||||||||
| Total amount of income in each taxable period remaining after deduction of necessary | |||||||||||||
| expenses and losses carried over within 5 years from an amount of gross receipts. | |||||||||||||
| The total amount of income remaining after the deduction of the following amount used to | |||||||||||||
| calculate the tax base for wage and salary income, after the deduction described herein | |||||||||||||
| has been made for that taxable period. Deduction for wage and salary income are as | |||||||||||||
| computed in the table described below.(80,000 Won per day for a daily worker). | |||||||||||||
| Total amount of income remaining after the deduction of the following amount with the | |||||||||||||
| deduction ceiling of 6 million won. | |||||||||||||
| Taxable income is calculated as follows ; | |||||||||||||
| That means, the total amount of income remaining after deduction of the following | |||||||||||||
| amounts | |||||||||||||
| ¡© Basic Deduction for Retirement Income | |||||||||||||
| ¡¤50% of retirement pay | |||||||||||||
| ¡© Additional Deduction by the Length of Service | |||||||||||||
| Income arising from the transfer of land, buildings, or rights thereon, stocks, and other | |||||||||||||
| assets specifically enumerated in the Income Tax Law shall be taxed separately from | |||||||||||||
| global income. This separation was created to stabilize real estate prices and for tax | |||||||||||||
| purposes. | |||||||||||||
| ¡© "Necessary expenses" includes acquisition costs, costs of installations or improvements, | |||||||||||||
| and other capital expenditures. | |||||||||||||
| The special deduction for long-term possession of land or real estate is as follows: 10% | |||||||||||||
| of the capital gain if the possession period is longer than three years but does not exceed | |||||||||||||
| five years, 15% of the capital gain if the possession period exceeds five years but does | |||||||||||||
| not exceed ten years, and 30% of the capital gain if the possession period is over ten | |||||||||||||
| years. | |||||||||||||
| ¡© A capital gains deduction of 2.5 million Won is given without regard to the amount. | |||||||||||||
| However, the special deduction for long-term possession or capital gain deduction is not | |||||||||||||
| allowed for unregistered real estate. | |||||||||||||
| For a luxurious house of which the value is 600 million Won or more, to which the | |||||||||||||
| one house per household rule does not apply, the taxable gains are calculated as | |||||||||||||
| follows: | |||||||||||||
| Aggregate amount of income in each taxable period remaining after deducting expenses for | |||||||||||||
| forestation, acquisition, management and lumbering of the forest, a special deduction of | |||||||||||||
| 6,000,000 Won per year and losses carried over within 5 years from the gross receipts. | |||||||||||||
| Aggregate amount of income less necessary expenses. For the types of other income | |||||||||||||
| enumerated in the Article 87 of Presidential Decree of Income Tax Law, i.e. Remuneration | |||||||||||||
| from a lecture of an independent nature and similar incomes, are given deduction of 80% | |||||||||||||
| thereof as necessary expenses. | |||||||||||||
| As stated before, a non-resident who does not have a domestic business place has earned | |||||||||||||
| wage and salary income in Korea, most of the provisions concerning the tax base and tax | |||||||||||||
| amount of residents shall apply to him/her. In terms of calculation of the tax base and tax | |||||||||||||
| amount, a non-resident is not entitled to basic deduction(except for himself), additional | |||||||||||||
| deduction(except for himself) and special deduction. A brief on the income deductions are | |||||||||||||
| addressed below. There are four exemptions and deductions related to global income. | |||||||||||||
| Residents with global income are entitled to annually deduct an amount equivalent to 1 | |||||||||||||
| million Won multiplied by the number of persons in the taxpayer's family, as determined | |||||||||||||
| below. | |||||||||||||
| ¡© A resident taxpayer oneself | |||||||||||||
| ¡© A spouse with income of less than 1 million Won per year, excluding interest, | |||||||||||||
| dividends, and income from real estate | |||||||||||||
| ¡© Dependents living in the same household with the taxpayer | |||||||||||||
| A dependent eligible for the Exemption is a lineal ascendant aged sixty or older | |||||||||||||
| (fifty-five for females), a lineal descendent of the resident aged twenty or less(there is | |||||||||||||
| no age restriction for a handicapped person), a sibling aged under twenty or over sixty, | |||||||||||||
| and all other members of the household supported by the resident. | |||||||||||||
| When a person who is qualified for Basic Deduction¡²oneself, his/her spouse, dependent | |||||||||||||
| s¡³falls under any of the following situation, the amount calculated by multiplying the | |||||||||||||
| number of persons by the amount below, shall be deducted each year from the taxpayer's | |||||||||||||
| income under each case. | |||||||||||||
| ¥¡) where the person is 65 years old or more: £Ü1,000,000 per capita | |||||||||||||
| - 70 years old or more: £Ü1,500,000 per capita | |||||||||||||
| ¥¢) where the person is handicapped, as prescribed by the Presidential decree: | |||||||||||||
| £Ü1,000,000 per capita | |||||||||||||
| ¥£) where the person is a married woman having her spouse, or a head of family having | |||||||||||||
| dependents having no spouse: £Ü500,000 per capita | |||||||||||||
| ¥¤) where every employees who has lineal descendant under the age of 6 years: | |||||||||||||
| £Ü1,000,000 per capita | |||||||||||||
| A resident with wage and salary income(excluding daily workers), if the number of | |||||||||||||
| persons eligible for basic exemption is one or two, may deduct 1 million Won or 0.5 | |||||||||||||
| million Won respectively. | |||||||||||||
| Alternatively, a taxpayer may elect to choose an annual standard deduction of 600,000 | |||||||||||||
| Won if he or she fails to claim deductions in question or accrues only global income | |||||||||||||
| without any wages or salaries earned. | |||||||||||||
| Scope of Persons Eligible for Personal Exemptions and Determination of Eligibility | |||||||||||||
| Persons eligible for spousal exemption, dependent exemption, or exemption for handicapped | |||||||||||||
| or aged persons must be (i) a spouse and/or unmarried lineal descendant and (ii) family | |||||||||||||
| members who are listed on the registration card of the resident actually living at the | |||||||||||||
| domicile or residence. A person who has temporarily left the taxpayer's domicile or | |||||||||||||
| residence for reasons of schooling, medical treatment, business, or work may still be | |||||||||||||
| entitled to an exemption. The determination of eligibility shall be made based on the | |||||||||||||
| existing conditions at the close of the tax period in question. | |||||||||||||
| Pursuant to the Article 51-3 of the Income Tax Law, the total of following pension | |||||||||||||
| contribution paid for pension insurance in the name of the taxpayer him/herself is | |||||||||||||
| deducted. | |||||||||||||
| ¡© Pension insurance contribution paid by the taxpayer him/herself based on National | |||||||||||||
| Pension Law | |||||||||||||
| ¡© Contribution paid by the taxpayer him/herself based on Soldier Pension Law, Civil | |||||||||||||
| Service Pension Law etc. | |||||||||||||
| The tax amount on global income is the aggregate of amounts calculated by applying each | |||||||||||||
| tax rate successively to the income in the relevant tax bracket: | |||||||||||||
| The tax amount of retirement income is calculated by dividing the taxable income by the | |||||||||||||
| number of years of service, applying the tax rates, and again multiplying the amount by | |||||||||||||
| the number of years of service. | |||||||||||||
| Tax rates on timber income are the same as those applied to global income. | |||||||||||||
| Where a resident has paid or is to pay foreign income tax abroad, the tax amount payable | |||||||||||||
| is deducted from the income tax within the limit of an amount equivalent to an amount | |||||||||||||
| calculated by multiplying the income tax amount by the ratio of income from foreign | |||||||||||||
| sources to the total taxable income. If any foreign income tax amount paid or to be paid | |||||||||||||
| to a foreign government, exceeds the deduction limit, the excess amount may be carried | |||||||||||||
| forward to the taxable period to be terminated within five year from the taxable period | |||||||||||||
| following the current taxable period, and deducted within the deduction limit of that | |||||||||||||
| taxable period. An application for deduction shall be filed with the competent District Tax | |||||||||||||
| Office or the tax withholding agent not later than the end of the final tax return period or | |||||||||||||
| the end of the year-end adjustment period. | |||||||||||||
| Where a resident's dividend income from domestic corporations is counted in the global | |||||||||||||
| income, an amount calculated as follows is deducted from the global income tax amount. | |||||||||||||
| ¡© 19/100 of the corporate income tax attributable to the dividend in question will be | |||||||||||||
| added to the amount of dividend income actually received by a shareholder. | |||||||||||||
| ¡© This figure will then be used to calculate the individual income tax of the shareholder. | |||||||||||||
| ¡© Thereafter the 19/100 portion will be credited against the calculated individual income | |||||||||||||
| tax amount or will be refunded to the shareholder. | |||||||||||||
| The following amounts shall be credited against global income tax on wage and salary | |||||||||||||
| income. Where the amount of credit exceeds 500,000 Won, the credit is limited to | |||||||||||||
| 500,000 Won. | |||||||||||||
| In the case of daily worker, the amount of credit is limited to total tax multified by | |||||||||||||
| 55%. | |||||||||||||
| If a resident has lost 30% or more of the total value of his business assets due to a | |||||||||||||
| disaster, the tax amount equivalent to the ratio of the value of lost assets to the value of | |||||||||||||
| total assets is deducted from the income tax amount. | |||||||||||||
| If a person subject to Simple Book Keeping calculates his income amount on the basis of | |||||||||||||
| the entries in the book exhibited and entered, and submits the document in making a final | |||||||||||||
| return on tax base pursuant to the provisions of Presidential Decree, the outcome obtained | |||||||||||||
| by multiplying by 10/100 the amount calculated by multiplying the calculated global | |||||||||||||
| income tax amount or the calculated forestry income tax amount by the ratio of the sum | |||||||||||||
| of real estate rental income and business income calculated pursuant to the entries in the | |||||||||||||
| book from the global income, or the ratio of the forestry income calculated pursuant to | |||||||||||||
| the entries in the book to forestry income shall be the amount deducted. If the amount | |||||||||||||
| subject to deduction exceeds one million won, only one million won shall be deducted. | |||||||||||||
| Under the 1994 tax reform, the individual income tax assessment system was converted | |||||||||||||
| into a self-assessment system under which each taxpayer is required to file a return and | |||||||||||||
| pay the proper amount of tax by the due date as prescribed by the individual income tax | |||||||||||||
| law. | |||||||||||||
| A resident with global income is subject to pay, as interim prepayment, an amount | |||||||||||||
| equivalent to half of the global income tax amount paid or payable in the preceding year, | |||||||||||||
| by the end of November. | |||||||||||||
| The income tax amount paid or payable in the preceding year is the aggregate of the | |||||||||||||
| tax amount payable for interim prepayment in the preceding year, the tax amount finally | |||||||||||||
| payable and the amount of penalty taxed. | |||||||||||||
| Return on tax base | |||||||||||||
| ¡© A resident who has global income, retirement income, capital gains or timber income | |||||||||||||
| in the taxable period is required to file a return to the superintendent of the competent | |||||||||||||
| district tax office in the place of tax payment within the period from May 1 to May 31 | |||||||||||||
| in the following the year concerned. | |||||||||||||
| Documentation | |||||||||||||
| ¡© Tax returns are required to be accompanied by the following documentations: | |||||||||||||
| ¡¤ Documents certifying a person eligible for personal exemptions; | |||||||||||||
| ¡¤ Documents in which gross receipts and necessary expenses calculated are recorded; | |||||||||||||
| ¡¤ In the case of persons who have real estate income, business income or timber | |||||||||||||
| income, a balance sheet, an income statement, a trial balance, and other required | |||||||||||||
| documents; | |||||||||||||
| ¡¤ In the case where the gross receipt is less than 300,000,000 Won, the simplified | |||||||||||||
| income account statement; | |||||||||||||
| ¡¤ Particulars of tax free reserves | |||||||||||||
| Residents not liable for submitting final returns : | |||||||||||||
| ¡© The following residents are not liable to submit final returns: | |||||||||||||
| ¡¤ A resident who has only ¨ç wage and salary income, ¨è retirement income, or ¨é | |||||||||||||
| both ¨ç and ¨è ; | |||||||||||||
| ¡¤ A resident who has only capital gains and has filed a preliminary returns; | |||||||||||||
| ¡¤ A resident who has only ¨ç interest income subject to separate taxation, ¨è dividend | |||||||||||||
| income subject to separate taxation, ¨é both ¨ç and ¨è, or ¨ê other income subject to | |||||||||||||
| separate taxation. | |||||||||||||
| ¡¤ A resident with Class B wage and salary income or retirement income who has paid | |||||||||||||
| income tax using taxpayer association | |||||||||||||
| A resident who has submitted a tax return shall pay an amount remaining after deducting | |||||||||||||
| the amount enumerated below from the calculated tax amount of global income, retirement | |||||||||||||
| income, capital gains or timber income for each taxable period within the return period: | |||||||||||||
| ¡© Tax credit amount; | |||||||||||||
| ¡© Interim prepayment; | |||||||||||||
| ¡© Estimated tax payment by real estate dealer, or for capital gains; | |||||||||||||
| ¡© Tax paid for occasional assessment; | |||||||||||||
| ¡© Tax withheld at source; | |||||||||||||
| ¡© Tax paid through a taxpayers association | |||||||||||||
| In the case of a resident with tax liability exceeding 10 million Won, tax, as described | |||||||||||||
| below, may be paid by installments within 45 days from the closing day of the payment | |||||||||||||
| period. | |||||||||||||
| ¡© If the tax amount is 20 million Won or less; the excess over 10 million Won; | |||||||||||||
| ¡© If the tax amount exceeds 20 million Won: less than half of the tax amount payable | |||||||||||||
| Taxpayer | |||||||||||||
| ¡© An individual or corporation whose tax liability (corporation tax, customs duty, | |||||||||||||
| acquisition tax, or registration tax as well as individual income tax) is reduced under the | |||||||||||||
| Special Tax Treatment Control Law, Local Tax Law, or Customs Law. | |||||||||||||
| Tax Base and Tax Rates | |||||||||||||
| ¡© Basically, Special Tax for Rural Development is a surtax levied on the amount of | |||||||||||||
| exemption of individual income tax, corporation tax, customs duty, special excise tax, | |||||||||||||
| and securities transaction tax. The tax base of STRD is the exempted amount of the | |||||||||||||
| above mentioned taxes, where the exemptions are stipulated in the Special Tax | |||||||||||||
| Treatment Control Law etc. Tax rates are as follows ; | |||||||||||||
| Return and Payment | |||||||||||||
| ¡© STRD is filed and paid at the same time global income return (tax) is filed (paid). | |||||||||||||
| Taxpayer | |||||||||||||
| ¡© Individuals and corporations is liable to the payment of income tax, corporation tax, or | |||||||||||||
| farmland tax | |||||||||||||
| Tax Base | |||||||||||||
| ¡© amount of income tax, corporation tax, or farmland tax. which means Inhabitant tax is | |||||||||||||
| a income tax surtax, assessed on the basis of income tax. | |||||||||||||
| ¡© Taxation period : one year | |||||||||||||
| Tax Rates | |||||||||||||
| ¡© 10% of income tax | |||||||||||||
| Return and Payment | |||||||||||||
| ¡© In case where pro rata income tax is filed by the taxpayer, the taxpayer shall return | |||||||||||||
| and pay the computed tax. | |||||||||||||
| The income tax is to be self-assessed and filed by the taxpayer. However, the government | |||||||||||||
| will correct the tax base and the tax amount if there are any omissions or errors in the | |||||||||||||
| return filed, or if the taxpayer has not submitted the payment statements or the aggregate | |||||||||||||
| summary of accounting statements in whole or in part. | |||||||||||||
| In cases where the government determines or corrects the tax base and the tax amount | |||||||||||||
| payable by a taxpayer, the tax base and the tax amount must be determined or corrected | |||||||||||||
| according to the law based on the a final return and the attachments thereto, or by a field | |||||||||||||
| audit. | |||||||||||||
| Determination must be completed within a year from the filing due date except in cases | |||||||||||||
| such that the Commissioner allows an extension of time for special investigation, or | |||||||||||||
| approves a late determination based on extenuating circumstances. | |||||||||||||
| To prevent income tax evasion, the government may, monthly or occasionally, determine a | |||||||||||||
| tax base prior to the filing or determination period in the following | |||||||||||||
| circumstances(Occasional assessment) : | |||||||||||||
| ¡© when a taxpayer frequently moves his business place, domicile, or residence without | |||||||||||||
| reporting such movements to the government; | |||||||||||||
| ¡© when a taxpayer has closed down or has suspended his business operation due to poor | |||||||||||||
| business conditions or other reasons; and | |||||||||||||
| ¡© when a taxpayer is located in an area deemed to be a place of frequent moves for | |||||||||||||
| place of business, residence, or domicile. | |||||||||||||
| If the amount of other income is not more than 1,000 Won per case, income tax is | |||||||||||||
| waived. | |||||||||||||
| If the government determines or adjusts a tax base or a tax amount, the government shall | |||||||||||||
| notify the concerned resident the tax rates and/or any other necessary matter in writing. | |||||||||||||
| If a taxpayer does not pay the full tax amount for the year in question, the government | |||||||||||||
| will endeavor to collect the unpaid tax amount within three months after the due date of | |||||||||||||
| payment. | |||||||||||||
| When the income tax amount paid by the taxpayer is less than that determined by the | |||||||||||||
| government, the unpaid amount of tax will be collected. | |||||||||||||
| A person paying interest, dividends, business profits prescribed by the Presidential Decree, | |||||||||||||
| Class A wage and salary income, and retirement income, or other income is required to | |||||||||||||
| withhold income tax due thereon at the time of such payment, and to pay it to the | |||||||||||||
| government by the tenth day of the following month. However, a businessman who has | |||||||||||||
| less than ten employees on average at the end of every month from January to October of | |||||||||||||
| the preceding year may pay taxes withheld to the government by the tenth day of the | |||||||||||||
| following month each half-year, after obtaining the approval of the head of the tax office | |||||||||||||
| concerned. | |||||||||||||
| Interest on a long-term saving with a redemption period of 5 years or longer and interest | |||||||||||||
| on a long-term bond with a redemption period of 5 years: 30% | |||||||||||||
| Other interest: 15% | |||||||||||||
| Interest from non-commercial loans : 25% | |||||||||||||
| Business income from personal services and medical or health services are exempt from | |||||||||||||
| VAT: 3% of total revenue | |||||||||||||
| Tax rates : the basic tax rates applicable to global income | |||||||||||||
| Monthly Tax Withholding : If wage or salary is paid monthly, the tax amount to be | |||||||||||||
| withheld is calculated by the "Simplified Tax Table" attached at the end of the Income | |||||||||||||
| Tax Law. | |||||||||||||
| Year-end adjustment : A person subject to tax withholding must calculate the total annual | |||||||||||||
| tax amount in January of the following year or at the time of the last payment of income | |||||||||||||
| in the year (i.e., when the income earner completes employment during the year) and | |||||||||||||
| collect or refund the difference between the tax amount payable. This amount is calculated | |||||||||||||
| by applying the basic tax rates and the tax amount withheld, which is explained in the | |||||||||||||
| Simplified Tax Table. | |||||||||||||
| Application for personal exemption : Class A wage and salary income earners who are | |||||||||||||
| entitled to personal exemptions must submit an application for personal exemptions, | |||||||||||||
| together with documentary evidence in support thereof, to the withholding agent before | |||||||||||||
| receiving wage and salary income for January of the following year. | |||||||||||||
| Daily wage : Tax is withheld from the wages of daily workers at a rate of 9%. | |||||||||||||
| national pension, government employee pension: basic tax rates (identical to labor income | |||||||||||||
| tax) | |||||||||||||
| retirement pension, private pension: 5% | |||||||||||||
| If a resident either fails to file a tax return or under-reports the relevant income, an | |||||||||||||
| amount equivalent to 20% of the income unreported or under-reported will be | |||||||||||||
| included in the calculation of tax amount as follows: | |||||||||||||
| When tax is not paid properly, the penalty amounts to 0.03% on the unpaid amount per | |||||||||||||
| day. | |||||||||||||
| When a taxpayers association fails to fully pay the income tax due within the time | |||||||||||||
| required, a penalty of 5% of the unpaid amount shall be added to the amount of tax due. | |||||||||||||
| If a person subject to tax withholding fails to withhold tax at source or fails to pay the | |||||||||||||
| government tax withheld within the payment period, a penalty of 10% of the amount of | |||||||||||||
| tax not withheld is added to the amount of withholding tax. | |||||||||||||
| If a concerned person fails to submit a payment report within the reporting period or if | |||||||||||||
| the reported facts concerning payment are found to be unclear as specified by the | |||||||||||||
| Presidential Decree, a penalty in the amount of 2% of the payment due shall be charged. | |||||||||||||
| If a concerned person fails to issue or submit a proper tax invoice regarding the | |||||||||||||
| transaction involved, a penalty in the amount of 1% of the transaction shall be charged. | |||||||||||||
| If a taxpayer has an obligation to keep double entry books but fails to keep available invoices | |||||||||||||
| in the form generally accepted (including credit card receipts) as supporting evidence for the | |||||||||||||
| payment of goods received and services rendered, a penalty may be imposed in the amount of | |||||||||||||
| 2% of the total value of such unsupported transactions. The penalty may be applied even if | |||||||||||||
| the expense deduction is sufficiently substantiated to be allowed. | |||||||||||||
| If a taxpayer who has an obligation to keep double entry books does not submit a list of | |||||||||||||
| invoices to the tax office, a penalty tax amounting to 1% of the unreported amount shall | |||||||||||||
| be charged. | |||||||||||||
| If a taxpayer operating a business fails to maintain proper books and records, such | |||||||||||||
| taxpayer will be subject to penalty tax equal to 20% of the amount of tax due for the tax | |||||||||||||
| year involved multiplied by the following rate "R." | |||||||||||||
| R = improperly documented portion of taxable income divided by total taxable income | |||||||||||||
| A taxpayer conducting a business shall maintain books and records adequate to support the | |||||||||||||
| computation of the amount of taxable income. Such books and records shall be of | |||||||||||||
| sufficient detail to allow an inspector to understand the relevant facts of all transactions | |||||||||||||
| conducted by the business. | |||||||||||||
| Persons who pay the following must submit to the government a monthly report by the | |||||||||||||
| end of the following month in which the payments were made. However, payments of | |||||||||||||
| wages and salary shall be reported by the end of February of the following year in which | |||||||||||||
| the payments were made. | |||||||||||||
| ¡© Interest | |||||||||||||
| ¡© Dividends | |||||||||||||
| ¡© Amount withheld from a business | |||||||||||||
| ¡© Wages, salaries, and severance pay | |||||||||||||
| ¡© Other amounts representing income to the recipient | |||||||||||||
| ¡© Amounts paid to non-residents representing income from domestic sources, other than | |||||||||||||
| wage, salary and severance payments | |||||||||||||
| Under the system of global taxation of financial income, persons required to withhold tax | |||||||||||||
| must supply information regarding the income subject to withholding by the end of | |||||||||||||
| February of the year following the year in which the payments were made. | |||||||||||||