Invest KOREA

VAT is refundable for food, lodging, services, and advertisement services provided in Korea. ◎ A foreign corporation without a place of business in Korea or a non-resident who runs business outside Korea ("foreign business" hereunder) is eligible for VAT refund for one of the following goods or services either purchased or received for business purposes. However, if the total refund amount of the foreign business does not exceed KRW 300,000 for the calendar year, the VAT will not be refunded. – Food and lodging service – Advertisement service – Electricity and communications service – Real estate rental service – Goods or services necessary for the operation and maintenance of domestic offices of foreign companies defined by Ordinance of the Ministry of Economy and Finance ◎ The VAT refund mentioned above applies only to foreign businesses whose country refunds VAT to Korean businesses in the same manner (principle of reciprocity).

The scope of payment guarantee for overseas controlling shareholders applied to the thin capitalization rule includes all payment guarantee regardless of whether there is a payment guarantee certificate, the type of payment guarantee certificate or payment guarantee method, as long as the payment guarantee is in the form that requires the de facto overseas controlling shareholder to fulfill payment obligations where the domestic company, etc. defaults.

In principle, 10 percent of the paid amount shall be reported and paid. However, if the acquisition value and transfer costs can be confirmed, the lesser amount of the following will be taxed: ① Paid amount x 10% ② (Income amount – Acquisition value and transfer costs) x 20%

Entertainment expense means entertainment expenses, social expenses, a recompense, and other expenses in a similar nature regardless of the pretext thereof. A domestic corporation disburses the entertainment expense to facilitate business with those directly or indirectly involved with her/her business. The ceiling of entertainment expense is as follows: ◎ Ceiling of entertainment expense – Ceiling = Basic limit (KRW 12 million, KRW 36 million for SMEs) X Number of months in the corresponding business year / 12 + Income x Rate) ◎ Evidentiary documents of entertainment expenses – Appropriate evidentiary materials for entertainment expenses exceeding KRW 10,000 at one occasion include the tax invoice, cash receipt, and corporate credit card bill (including a company card in an employee’s name). Expenses over KRW 10,000 paid in cash or by personal credit card are not recognized as deductibles. In case of disbursement on congratulatory or condolence occasions, wedding invitations or other relevant proof may serve as evidentiary documents as long as the entertainment spending does not exceed KRW 200,000 at one occasion.

According to the Income Tax Act, a resident is not defined by nationality. Any individual who has his/her domicile or place of residence in Korea for at least 183 days is a resident under the Income Tax Act. ◎ Under the Income Tax Act, a domicile refers to a principal place of living based on the objective facts of the living relationship, such as the existence of a family member who shares a livelihood in Korea and whether there is property located in Korea. A place of residence means a place where a person has lived for a long time besides his/her domicile, and in which there is no general living relationship as close as a domicile. ◎ A resident is obliged to pay tax on all income prescribed by the Income Tax Act. As for a foreign resident who has had his/her domicile or place of residence for not more than five years in total from 10 years before the end of the relevant taxable period, tax shall be imposed only on his/her income paid in or remitted to the Republic of Korea, in cases of taxable income from foreign sources.

There is no difference in the rate, reporting, and payment procedure of taxes between a foreign-invested company and a foreign corporation’s branch office. The only difference is the scope of the tax obligation coming from the different nature of the two. ◎ A foreign-invested company is a domestic corporation. Therefore, it is required to pay corporate taxes for all the income generated at home and abroad. However, a foreign corporation’s branch office in Korea is a foreign corporation and shall only pay taxes for domesticsource income. ◎ A branch office in Korea may be subject to the branch tax depending on the tax treaty with the relevant country. It shall not benefit from tax reductions or exemptions under the Restriction of Special Taxation Act offered to Korean corporations.

The transfer price tax system is applied when a company pays a higher or lower price in doing transactions with foreign parties of special interests, resulting in lower taxable income. The tax authorities recalculate the taxable income based on the arm’s length price and impose the tax.

The Korean tax law (the Adjustment of International Taxes Act) requires companies to select and apply the most reasonable method among the following: 1. Comparable uncontrolled price method 2. Resale price method 3. Cost-plus method 4. Profit split method 5. Transactional net margin method 6. Other methods deemed reasonable in the light of actual transaction practices

The following documents are required for application for business registration. The processing period is three days. – A copy of corporate establishment notification and application for business registration – A certified copy of corporation registration – A copy of the lease contract (in case the place of business is rented) – A list of shareholders or investors – A copy of certificate of completion of business approval, registration or notification (For the registering business. If applying for business registration before completing business approval, registration or notification, a a copy of an application for buisness approval, registration, etc. or a business plan may be submitted instead.) – A statement of investment-in-kind (for corporations invested in-kind) – A copy of certificate of foreign investment notification or foreign currency purchase – A copy of alien registration card or passport (if the representative is non-resident)

In terms of a simple comparison of the tax rate, a corporate business pays less tax than an individual business if the tax base is higher than KRW 12 million. It appears advantageous as the reduced taxation may translate into higher net profit, more reinvestment, and consequent expansion of the business. However, there are other aspects to consider from a more holistic view, including limited options to recover business profits (salary, retirement income, dividend, and others) and taxes on other income (earned income, retirement income, dividend income, etc.) imposed at each step. < Individual Business vs. Corporate Business >