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Press Release-: Reference Material
Press Release-: Reference Material
Reference Material
Press Released
12:00pm, Sunday Feb. 6, 2022 10:00am, Sunday Feb. 6, 2022
Release on
International Taxation Bureau Directior In Soon Choi (044-204-2801)
Drafting
Division International Taxation Division Deputy
Kyunghwan Kwon (044-204-2822)
Directior
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□ There are changes to foreign workers’ year-end tax settlement
this year.
○ Starting from wage & salary income attributable to 2021,
foreign employees can receive deductions and credits on
housing-related expenses* in the same way as Korean
employees, and the scope of employers providing income tax
reduction/exemption for foreign engineers has been expanded.
* Income deduction for housing funds, tax credit for monthly rent paid
(excluding income deduction for deposits for savings for housing
purchase)
<Precautions>
This guide provides information to foreign employees so that they can better
understand Korea’s year-end tax settlement process. Also, the translated version
may differ from the original Korean text, so if you are using this manual for
business purposes, please refer to the original Korean text and receive
assistance from the withholding agent (employer).
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1 Foreign Employees Should Settle Year-end Taxes
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○ The withholding agent (employer) should use the
foreign-language guidebooks* and videos provided by NTS to
assist foreign employees’ year-end tax settlement efforts as they
are not fluent in Korean.
* Easy guide for Foreigners’ Year-end Tax Settlement (Korean & English),
year-end tax settlement manual and videos on how to settle year-end
taxes in Korea(English, Chinese and Vietnamese)
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□ Among the foreign employees who filed year-end tax settlement
for income attributable to 2020, Chinese nationals accounted for
the largest portion (198,000 persons, 36.3%), representing one
out of every three foreign employees. This was followed by
Vietnamese, Nepalese, Cambodian and Philippine nationals.
○ In terms of the amount of year-end taxes filed, U.S. employees
in Korea accounted for the highest figure with 363.3 billion won
(37.8%). This was followed by Chinese, Japanese, Canadians
and Australians.
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* Article 52 (4) and (5) of the Income Tax Act, Article 95-2 of the
Restriction of Special Taxation Act
< Foreign employees’ eligibility for housing-related deductions(Summary) >
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○ However, foreigners who receive wages from controlled
companies* are not eligible to apply for the flat tax rate. Also,
when choosing to have the flat tax rate, non-taxation, income
deductions, tax reduction/exemption and tax credits will not be
applied. Thus, it is advised to be mindful of the exceptions that
apply**.
* Controlled companies (excluding foreign-invested companies subject to
tax reduction/exemption) where a foreigner‘s stock ownership is 30% or
more
** Example: Non-taxable income such as national health insurance premium
is included in taxable income.
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< Changes in foreign engineers’ qualification for tax
reduction/exemption (effective Feb. 17, 2021) >
Qualification
Eligibility Foreign engineers (persons who satisfy either 1 or 2 below)
(1) Persons providing technology service under an engineering
1
technology introduction contract (contract worth USD 300,000 or more)
(2) Persons who satisfy both of the below (❶ & ❷)
Before After
Bachelor’s degree or higher
❶ Research in science and engineering &
personnel research experience in foreign
2 science and technology
research institute (for at least 5 yrs)
Domestic company-affiliated
❷ R&D center of research institute or R&D
foreign-invested department,
company government-contributed
research institute, etc.
□ English instructors
Income tax related to lecture and research can be exempted for
a certain period (mostly two years) if he/she is able to claim a
tax exemption clause* for teachers/professors based on a tax
treaty with Korea (e.g., U.S., U.K., Australia).
* The conditions differ depending on the tax treaty counterpart, so it is
necessary to check the one that applies to you.
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○ Also, NTS publishes 「Easy Guide for Foreigners’ Year-end Tax
Settlement」 to provide information for foreign employees and
their withholding agents (employer) that has useful examples
such as tax calculation using the flat tax rate and information
regarding the Hometax simplified on-line tax filing services.
< How foreigners can access help on year-end tax settlement >
Support Access
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□ NTS will continue to improve year-end tax settlement support for
foreigners to help foreign employees’ year-end tax settlement
efforts.
【Attachments】
1. FAQ on foreigners’ year-end tax settlement
2. Criteria for determining resident and non-resident
3. Income deduction and tax credit for foreign residents and
non-residents
4. How to calculate tax for year-end tax settlement
5. Summary of income deductions for year-end tax settlement for
2021 income
6. Summary of tax credits for year-end tax settlement for 2021
income
7. Example of incorrect settlement of year-end taxes
8. Documents of proof for income deduction and tax credit
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1 FAQ on foreigners’ year-end tax settlement
If I leave the company in the middle of the year, how do I settle year-end
2
taxes?
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If a foreigner who is a resident of Korea provides service overseas
and is paid from overseas, does he/she have to settle the year-end
3
income by aggregating all incomes from both overseas and domestic
sources?
○ For a foreign employee who chooses the flat tax rate, regulations
on non-taxation, tax reduction/exemption, and income deduction and
tax credit do not apply. In this regard, national health insurance
premium and employment insurance premium borne by the
employer pursuant to the Income Tax Act are included in the tax
base.
* Related laws: Article 18-2 of the Restriction of Special Taxation Act,
subparagraph 3 of Article 12 of the Income Tax Act
How is the five year taxable period for which the 19% flat tax
5
rate is applied to foreign employees calculated?
○ The period for which the 19% flat tax rate applies to foreign
employees is from the first day of providing labor in Korea to the
taxable year in which five years elapse from such date ends.
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- For example, if a foreign employee started providing labor in Korea
for the first time on Apr. 10, 2018, he/she can choose to report
tax by applying a 19% flat tax rate for wage & salary income paid
for five taxable years from 2018 - the taxable year to which the
date of first providing labor belongs - until Dec. 31, 2022.
* Related law: Article 18-2 of the Restriction of Special Taxation Act
○ The regulations on flat tax rate are special regulations that apply
exclusively to foreign employees who faithfully pay taxes. Therefore,
the amount of tax payable may differ depending on each eligible
taxpayer‘s tax base and deduction items, so it depends on a
case-by-case basis.
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Are the education expenses for a foreign employee’s children
9
attending an overseas school deductible?
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2 Criteria for determining resident and non-resident
○ Even if the individual does not fall under any of the above, It is
possible to determine his/her domicile based on objective living
status such as family members in Korea supported by him/her and
assets held in Korea.
* Only the living status in Korea is considered. The living status in Korea and
overseas is not compared.
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Income deduction and tax credit for foreign
3
residents and non-residents
Domestic Foreign
Type Related law/Note
Resident Non-resident Resident Non-resident
Including Domestic- Including Domestic- Article 3, Income Tax
Total wage & salary income foreign- source income foreign- source income Act
source income source income
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4 How to calculate tax for year-end tax settlement
○ Personal deductions
- Basic deduction, additional deduction
○ Deduction for pension insurance premium
- Premium allotment paid by the taxpayer for National
Pension, Public Officials Pension, etc.
○ Special income deduction and other deductions
Special income deduction Other income deductions
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Tax base bracket Tax
Calculated tax (won)
(won) rate
12 mil. or less 6% Tax base × 6%
More than 12 mil. 7720,000 + (amount exceeding 12 mil. ×
15%
to 46 mil. or less 15%)
More than 46 mil. 5.82 mil. + (amount exceeding 46 mil. ×
24%
to 88 mil. or less 24%)
Step 4 Tax base More than 88 mil. 15.9 mil. + (amount exceeding 88 mil. ×
(×) tax rate 35%
to 150 mil. or less 35%)
Calculated tax
= Calculated tax More than 150
37.6 mil. + (amount exceeding 150 mil.
amount amount mil. to 300 mil. or 38%
× 38%)
less
More than 300
94.6 mil. + (amount exceeding 300 mil.
mil. to 500 mil. or 40%
× 40%)
less
Over 500 mil. to 1 174.6 mil. + (amount exceeding 500 mil.
42%
bil. or less × 42%)
Over 1 bil. 45% 384.6 mil. + (amount over 1 bil. x 45%)
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Basic tax rate vs 19% Flat tax rate
When applying basic tax rate When applying 19% flat tax rate
Annual wage & salary
Annual wage &
income ₩200,000,000 ₩200,000,000
salary income
Non-taxable wage & 5,000,000
salary income
Gross wage & salary
income ₩195,000,000
Deduction for wage 16,650,000
& salary income
Adjusted wage &
₩ 178,350,000
salary income
Personal deduction 3,000,000
- Basic deduction
Pension contribution deduction 2,500,000
Special income deduction 1,500,000
– National health insurance
premium
Tax base ₩ 171,350,000
Calculated income tax
(basic tax rate: 38%) ₩ 45,713,000
Tax credit for wage & 500,000
salary income
Determined tax ₩ 45,213,000 Determined tax ₩ 38,000,000
Prepaid tax (-) 44,334,000 Prepaid tax (-) 44,334,000
Tax due ₩ 879,000 Tax due ₩ - 6,334,000
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Summary of income deductions for year-end tax
5
settlement for 2021 income
* Single-parent deduction does not apply with deduction for woman (when both apply, apply
single-parent deduction)
Pension Public pension
insurance insurance Full amount National pension insurance premium or public official’s pension premium borne by yourself
premium premium
Health insurance
National health insurance premium (including long-term care insurance premium) and
and employment Full amount
Special employment insurance premium borne by yourself
insurance premium
income
deduction 3 mil. - 40% deduction for redeemed principal for housing rental loans
Housing fund
3 mil. to 18 mil. - Deduction for redeemed interest for long-term housing mortgage loans
Personal pension Deduction of 40% of the personal pension savings deposit (account opened no later
720,000 per year
savings than Dec. 31, 2000)
Deposits to a Yellow Umbrella Deduction Cooperative by a company representative with
Deposits made in a
2 mil. gross wage & salary of 70 mil. won or less
mutual aid fund for
(Deduction ceiling) 5 mil. won for persons with wage & salary income of 40 mil. won or
small enterprises 3 mil.
less; 3 mil. won for persons with wage & salary income of more than 40 mil. won and not
and small 5 mil. more than 100 mil. won; 2 mil. won for persons with wage & salary income of more than 100
entrepreneurs
mil. won
50% of the wage & Deduction of 10% (100%, 70%, 30%)* of the contributions or investments to a small and
Contributions to salary income amount medium business start-up investment fund
an investment (income deduction for
association, etc. venture company investment * Direct investment to a venture company, etc. (30 mil. won or less: 100%, 50 mil. won
trusts cannot exceed 3 mil. won) or less: 70%, More than 50 mil. won: 30%)
40% of the deposited amount for employees with gross wage & salary of 80 mil. won
Long-term collective or less in the taxable period (up to 6 mil. won per year) (non-taxation of special tax for
investment securities 2.4 mil. won per year rural development)
savings * (Savings account opened no later than Dec. 31, 2015) Amount paid in each taxable period for 10
years from the date of opening the account
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Summary of tax credits for year-end tax settlement
6
for 2021 income
①Self, etc. Where medical expenses exceed 3% of the gross wage &
(including salary, tax credit of 15% (20% for infertility treatment
infertility Full amount expenses) of the amount in excess (no limit in dependent
family members’ age and income)
Medical treatment
expenses expenses) Amount subject to ② < 3% of gross wage & salary ② ≥ 3% of gross wage & salary
Sp 1.05 mil. tax credit ① - (3% of gross wage & salary - ②) ① + (② - 3% of gross wage & salary)
②Dependent
eci won per ※ Ceiling of amount subject to tax credit: Dependent family members (7
families
year mil. won per year), self, etc. (full amount)
al
tax Tuition for daycare centers, kindergartens, private
education facilities, sports education facilities,
cre Pre-school afterschool program expenses (including book expenses,
children excluding supply expenses), meal expenses: Up to 3
dit mil. won per person
450,000 Tax credit of
15% of the Tuition fee, school meal expenses, textbook expenses,
won afterschool program expenses (including book
education expenses
Education Elementary, per person expenses, excluding supply expenses), overseas
middle & ※No limit in age education expenses, uniform purchase expenses (up to
expenses high (lineal 500,000 won for middle & high school students),
school ascendants are excursion expenses (up to 300,000 won for
students not eligible) elementary, middle & high school students): Up to 3
mil. won per person
1.35 mil. Education expenses (including cyber university
College won per and degree acquisition programs), overseas
students
person education expenses: 9 mil. won per person
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Item Ceiling Tax Credit Requirements
Full amount The overseas paid tax of a resident is deducted from his/her global
Overseas paid tax within income tax amount of the relevant year
※ Deduction ceiling = Wage & salary income tax × (Overseas wage & salary
ceiling income/ wage & salary income)
750,000
won or
900,000 won 10% or 12% of the monthly housing rent paid by a household head
depending who does not own a house and whose gross wage & salary income
Monthly housing rent
on the gross is not over 70 million won (household members who satisfy certain
wage & conditions are also eligible)
salary
amount
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7 Example of incorrect settlement of year-end taxes
□ Facts
○ Foreign employee A entered Korea for the first time in January 2014 and
worked for the Korean branch of a Hong Kong company AA
○ The special taxation period for which the flat tax rate applies to
foreigners is five years from the day on which service was first
provided in Korea. In this regard, the flat tax rate only applies
until Dec. 31, 2018.
- However, the withholding agent AA applied the special taxation
on foreign employees for wage & salary income paid from 2014
to 2019 and withheld taxes by applying the flat tax rate (19%)
and filed and paid taxes accordingly.
□ Effective measure
○ For A’s wage & salary income for income attributable for 2019,
the flat tax rate application was denied and the basic tax rate
was applied, resulting in additional collection of income tax.
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Wages were paid by a controlled company but the flat
2
tax rate was applied
□ Facts
- Nonetheless, B applied the flat tax rate (19%) for year-end tax
settlement of wage & salary income paid by company BB for
2018 and 2019.
□ Effective measure
○ The flat tax rate application for wage and salary income for
2018 and 2019 was denied and the basic tax rate was applied
instead, resulting in additional income tax collection.
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Income tax reduction/exemption for foreign engineers
3
was applied when the applicable period has passed
□ Facts
○ Foreigner C entered Korea in May 2016 and worked as a
technology institute CC located in Ulsan.
○ If a foreigner provides labor in Korea before Dec. 31, 2018, the
income tax reduction/exemption period for foreign engineers is two
years since previous measure applies.
- However, when the income tax reduction/exemption period
extended to five years*, the company still continued to apply
the 50% income tax reduction even after July 2018 by filing
and paying the withholding taxes accordingly.
* With the amendment of tax laws in 2018, the period for application of
the 50% income tax reduction for foreign engineers was extended, and
for services provided for the first time on or after Jan. 1, 2019, the
income tax reduction applies until the month in which five years elapse
from the first service date.
□ Effective measure
○ Tax reduction for income tax attributable for the period of Jul.
2018 through Dec. 2019 was denied and additional income tax
was collected.
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8 Documents of proof for income deduction and tax credit
Receipt for donations Employees who provided donations The place of donation
Application for flat tax rate for Foreign employees who wish to have
Taxpayer
foreign employees the flat tax rate (19%) applied
Application for tax credit for taxes Persons who worked overseas and paid
Taxpayer
paid overseas income tax overseas
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