| contents | |||||||||||
| 2. Taxable, Nontaxable and Tax-exempt Income | |||||||||||
| a. Taxable Income | |||||||||||
| Resident individuals are taxed on their worldwide | |||||||||||
| income. Non-resident individuals are taxed only on Korean-source | |||||||||||
| income. Although similar, the definition of income applicable | |||||||||||
| to non-residents is broader than that of income applicable to | |||||||||||
| residents. | |||||||||||
| b. Global and Schedular Income Taxation | |||||||||||
| Income derived by residents and non-residents is | |||||||||||
| subject to global and schedular taxation. Under global taxation, | |||||||||||
| real estate rental income, business income, wages and salaries, | |||||||||||
| temporary property income, pension income, and "other income" | |||||||||||
| are aggregated and taxed progressively. 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. | |||||||||||
| Currently, interests and dividends are subject to withholding | |||||||||||
| tax of 14%. | |||||||||||
| Under schedular taxation, capital gains, retirement | |||||||||||
| income, and timber income are taxed separately at varying tax | |||||||||||
| rates. | |||||||||||
| (1) Global income | |||||||||||
| Global income denotes income subject to global taxation | |||||||||||
| and includes the following: interests and dividends, real estate | |||||||||||
| rental income, business income, wages and salaries, temporary | |||||||||||
| property income, pension income, and other income. | |||||||||||
| (a) | Interest | ||||||||||
| i) | Interest and discount amounts received during a tax | ||||||||||
| year from debentures and securities issued by a nation's | |||||||||||
| government/its local authorities, or a domestic/foreign corporation | |||||||||||
| ii) | Interest and discount amounts received during a tax | ||||||||||
| year from deposits and installment savings payable | |||||||||||
| both within and outside Korea | |||||||||||
| iii) | Interest from trusts which invests more than | ||||||||||
| 50% of its assets into interest-yielding financial assets | |||||||||||
| iv) | Interest from non-commercial loans | ||||||||||
| v) | Savings-type insurance premiums with a maturity of less | ||||||||||
| than ten years | |||||||||||
| (b) | Dividends | ||||||||||
| i) Dividends and distributions of profits and retained earnings, | |||||||||||
| and distribution of interest received from a domestic or | |||||||||||
| foreign corporation during construction | |||||||||||
| ii) Distributions of profits received from a | |||||||||||
| non-corporate entity such as private associations or foundations | |||||||||||
| iii) Deemed dividends and distributions; See 3.b. (2) | |||||||||||
| ("Dividend Income") | |||||||||||
| iv) Amounts designated as dividend by the Corporation Tax Law | |||||||||||
| v) | Dividend-yielding financial assets | ||||||||||
| (c) Real estate rental income | |||||||||||
| i) | Income from leasing land and rights pertaining thereto | ||||||||||
| ii) | Income from leasing mining and factory foundations, or mining rights | ||||||||||
| (d) Business income | |||||||||||
| i) Profits from livestock, forestry, hunting, and fishing industries | |||||||||||
| ii) | Profits from mining and quarrying | ||||||||||
| iii) | Profits from manufacturing | ||||||||||
| iv) | Profits from provision of electricity, gas, and water services | ||||||||||
| v) | Profits from construction business | ||||||||||
| vi) | Profits from wholesale or retail trade, | ||||||||||
| operation of a hotel, or catering | |||||||||||
| vii) | Profits from transporting, warehousing, or communications | ||||||||||
| viii) Profits from banking, insurance, and real estate dealing | |||||||||||
| ix) Profits from real estate business, leasing, and business services | |||||||||||
| x) | Profits from educational services | ||||||||||
| xi) Profits from health and social welfare services | |||||||||||
| xii) | Profits from social and personal services | ||||||||||
| xiii) Profits from household services | |||||||||||
| (e) Wage and salary income | |||||||||||
| Class A: | |||||||||||
| i) Wage, salary, remuneration, allowance, bonus, and any other | |||||||||||
| allowance of a similar nature received in return for services | |||||||||||
| ii) Income, other than retirement income, received due to retirement | |||||||||||
| Class B: | |||||||||||
| i) Wages and salaries received from a foreign agency or | |||||||||||
| from the U.N. Forces in Korea (excluding the U.S. Armed Forces) | |||||||||||
| ii) 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 | |||||||||||
| (f) Temporary property income | |||||||||||
| 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 | |||||||||||
| subterranean water, etc. | |||||||||||
| (g) Pension income | |||||||||||
| i) national pension | |||||||||||
| ii) government employee pension | |||||||||||
| iii) retirement pension | |||||||||||
| iv) private pension, as set out in the Special Tax Treatment Control Law | |||||||||||
| (h) 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: | |||||||||||
| i) prize money awards and other similar money or goods, | |||||||||||
| ii) money or goods received from participation in a | |||||||||||
| lottery, and any other prize won in a contest, | |||||||||||
| iii) race ticket winnings, | |||||||||||
| iv) fees for use of copyrighted materials received by any | |||||||||||
| person other than the creator of the material, | |||||||||||
| v) royalties given as consideration of using films or | |||||||||||
| tapes for radio or television broadcasting, or from such use of | |||||||||||
| other similar assets or rights, | |||||||||||
| vi) rent derived from a temporary lease of real estate or | |||||||||||
| personal property, goods, or places, and | |||||||||||
| vii) damages or indemnity payments for breach or | |||||||||||
| cancellation of a contract. | |||||||||||
| (2) Schedular income | |||||||||||
| Retirement income, capital gains, and timber income | |||||||||||
| are items subject to schedular taxation and thus taxed | |||||||||||
| separately at varying rates. | |||||||||||
| (a) 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 | |||||||||||
| (b) Timber income | |||||||||||
| Income arising from sale of timber as designated by law | |||||||||||
| (c) Capital gains | |||||||||||
| i) | Income arising from the transfer of land or buildings | ||||||||||
| ii) | Income arising from the transfer of rights related to real estate | ||||||||||
| iii) | Income arising from transfer of shares in a company listed on | ||||||||||
| the Korean stock exchange and the KOSDAQ (Korean Securities | |||||||||||
| Dealers Automated Quotation) sold by large shareholder and sold | |||||||||||
| not via securities markets. | |||||||||||
| * the scope of large shareholder : ¨ç or ¨è | |||||||||||
| ¨ç Shareholder or investor and his/her related persons whose combined | |||||||||||
| shares are 3% or more of the total shares as of the end of the | |||||||||||
| immediately preceding fiscal year of the year in which transfer of | |||||||||||
| shares takes place. | |||||||||||
| ¨è Shareholder or investor and his/her related persons whose combined | |||||||||||
| market price of shares are 10 billion won or more as of the end | |||||||||||
| of the immediately preceding fiscal year of the year in which | |||||||||||
| transfer of shares take place . | |||||||||||
| iv) | Income arising from transfer of shares in a company not listed | ||||||||||
| on the Korean stock exchange and the KOSDAQ | |||||||||||
| * Gains realized by an individual taxpayer on the transfer of shares | |||||||||||
| in a company listed on the Korean stock exchange and the KOSDAQ | |||||||||||
| (excluding those traded at over-the-counter market) are not taxable. | |||||||||||
| c. Non-Taxable Income | |||||||||||
| Certain items of income are not subject to income tax. | |||||||||||
| The following categories of income are not taxable. | |||||||||||
| (1) Income dedicated to public goods: Profits from | |||||||||||
| property placed in trusts for public welfare | |||||||||||
| (2) Rents from certain categories of real estate: Income | |||||||||||
| from the lease of rice fields or dry fields, rental income from specific kinds of houses | |||||||||||
| listed in the Presidential Decree | |||||||||||
| (3) Interest, dividend income | |||||||||||
| (a) Interest from long term home savings; over seven | |||||||||||
| years and less than 3 million won per quarter | |||||||||||
| (b) Interest from savings of less than 20 million won, | |||||||||||
| to mutual financial institutions of agricultural or fishing associations | |||||||||||
| (c) Interest or dividends from cost-of-living savings of | |||||||||||
| less than 30 million won of the elderly (over 60 years old) or the disabled | |||||||||||
| (d) Dividends from stock of up to 50 million won owned | |||||||||||
| for more than one year by employees or stockholders who are minority | |||||||||||
| stockholders | |||||||||||
| (4) Certain categories of business profits | |||||||||||
| (a) Profits from a farmer's auxiliary business | |||||||||||
| (i) Profits from raising livestock up to an | |||||||||||
| amount specified by governmental guidelines: Profits earned from livestock | |||||||||||
| kept more than the number specified in the guidelines are taxable. If the actual | |||||||||||
| number of livestock exceeds the number specified in the guideline, that | |||||||||||
| portion of income is taxed. | |||||||||||
| (ii) | Profits not exceeding 12 million won per year | ||||||||||
| from other auxiliary businesses, such as fish breeding, straw production, etc. | |||||||||||
| (b) Profits from producing traditional wine: profits | |||||||||||
| derived from producing traditional wine in the rural area (in case the income is 12 | |||||||||||
| million won or less) | |||||||||||
| (5) Wage and salary income and retirement income | |||||||||||
| (a) Pay received by certain enlisted men in the armed forces, or persons mobilized under law | |||||||||||
| (b) Compensation or other payments made for consolation | |||||||||||
| received by those injured or debilitated while furnishing a service | |||||||||||
| (c) Education fees as prescribed by the Presidential Decree | |||||||||||
| (d) Payments in the nature of reimbursement for expenses | |||||||||||
| actually incurred (including such items as overseas service allowance, housing | |||||||||||
| allowance received by foreign wage and salary earners) | |||||||||||
| (e) Wages received by persons serving with a foreign | |||||||||||
| government or the U.N., and organizations thereof; in case of a foreign | |||||||||||
| government, the principle of reciprocity is applied | |||||||||||
| (f) Wages not in the form of an overseas service not exceeding 1.5 million won per month | |||||||||||
| (g) Reimbursement expenses prescribed by the Presidential Decree | |||||||||||
| (h) Allowances for night shifts, overtime work, and | |||||||||||
| holiday duty received by blue-collar employees with monthly wages not | |||||||||||
| exceeding one million won | |||||||||||
| (6) Other income | |||||||||||
| (a) Awards or compensation received under the National Security Law | |||||||||||
| (b) Prizes of money or other property received upon | |||||||||||
| conferment of a decoration or other public prizes under the law | |||||||||||
| (c) Compensation received by an employee from an | |||||||||||
| employer for valuable inventions made in relation to performing his duties | |||||||||||
| (7) Capital gains | |||||||||||
| (a) Capital gains from the disposition of real estate resulting from adjudication of bankruptcy | |||||||||||
| (b) 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 | |||||||||||
| (c) 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 Gyeonggi-do) by inheritance, or for | |||||||||||
| the purpose of returning to a farming lifestyle, or due to rural exodus. | |||||||||||
| (d) Capital gains realized by farmers from the transfer | |||||||||||
| of farmland for the purpose of acquiring another parcel of farmland in its place | |||||||||||
| (e) Certain capital gains resulting from the following | |||||||||||
| transfers, normally classified as temporary property income, are exempt from tax | |||||||||||
| as follows: | |||||||||||
| i) Gains arising from the transfer of paintings, | |||||||||||
| writings or antiques, which have been designated by the government as a | |||||||||||
| state cultural property | |||||||||||
| ii) Gains arising from the transfer of paintings, | |||||||||||
| writings or antiques to museums or art galleries, as prescribed by the | |||||||||||
| Presidential Decree | |||||||||||
| d. Tax-Exempt Income | |||||||||||
| (1) A taxpayer having any of the following types of income may | |||||||||||
| claim a credit against global taxable income. The amount of credit is calculated by | |||||||||||
| multiplying the tax before exemption by a fraction (the amount of tax computed without | |||||||||||
| application of the credit, multiplied by a fraction (the amount of income described in | |||||||||||
| (a) and (b) below over the total income of the taxpayer)). | |||||||||||
| (a) Wages received by a foreigner working in Korea under | |||||||||||
| a government agreement, paid by either government or by both | |||||||||||
| (b) Income earned from overseas transportation business | |||||||||||
| by non-residents and alien residents, provided that reciprocal tax treatment is | |||||||||||
| granted to Korean taxpayers by the country of residence of the alien taxpayer | |||||||||||
| (2) Capital gains | |||||||||||
| Exemption of capital gains tax for alienating farming land that has been cultivated for | |||||||||||
| more than eight years | |||||||||||