Korea
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Business practicalities in <strong>Korea</strong><br />
69<br />
Individual tax rates:<br />
• A foreigner who has salary income in <strong>Korea</strong> can opt to<br />
be taxed at a flat rate of 18.7 per cent (including the<br />
local income surtax) or the progressive tax rates with<br />
various deductions. The flat rate election is granted<br />
for the first five years of his or her employment in<br />
<strong>Korea</strong>.<br />
• Dividend and interest income exceeding KRW 20<br />
million received by a resident individual are subject to<br />
progressive tax rates. The withholding tax charged on<br />
dividend and interest payments from <strong>Korea</strong>n sources<br />
amounting to less than KRW 20 million generally is<br />
considered final.<br />
• <strong>Korea</strong> does not levy a net wealth tax.<br />
Deductions and reliefs<br />
• Tax credits are available for aggregate global income<br />
when the foreign portion of the taxpayer’s income has<br />
already been taxed.<br />
• Certain savings plans provide tax benefits under<br />
government incentive programs to encourage savings.<br />
• Various deductions and allowances are permitted,<br />
including an earned income deduction and deductions<br />
for qualifying medical expenses, certain educational<br />
expenses, and charitable donations.<br />
• Resident individual taxpayers are entitled to a number<br />
of deductions for themselves and their dependants –<br />
the basic deduction is KRW 1.5 million (per person)<br />
for the taxpayer, their spouse and dependants.<br />
5.4 AUDIT AND ACCOUNTANCY<br />
Books and records<br />
<strong>Korea</strong>n commercial law requires that accounting records<br />
explain a company’s transactions and any effects these<br />
have on its operational assets. Accounting records<br />
and important documents related to the company’s<br />
operations are normally required to be retained for 10<br />
years. An exception is for accounting slips, which are<br />
required to be retained for five years.<br />
Accounting period<br />
The accounting period (not exceeding one year)<br />
determines a company’s “financial year”. Each financial<br />
year ends on the last day of the accounting period and<br />
accounts can be made up to that date. The current<br />
commercial law requires a book to be closed at least<br />
once a year. On incorporation, a company may choose<br />
an “accounting reference date” (i.e. the day and month<br />
on which an accounting period ends). The accounting<br />
period is determined to be a certain period up to the<br />
accounting reference date, which is generally 12 months<br />
in duration. Most businesses have the period 1 January<br />
to 31 December as their accounting period. However, a<br />
company may adopt a different year-end which does not<br />
exceed one year.<br />
Accounting standard<br />
Business entities generally follow the accrual basis of<br />
accounting. All income realised and expenses incurred or<br />
attributable to the current period should be recognised<br />
as income or expenses in the current period regardless of<br />
when the income is received or expenses are paid.<br />
Financial accounting standards in <strong>Korea</strong> consist of:<br />
• <strong>Korea</strong>n International Financial Reporting Standards<br />
(K-IFRS), established by the <strong>Korea</strong> Accounting<br />
Standards Board based on the International<br />
Accounting Standards. All companies listed on<br />
<strong>Korea</strong>n capital markets are obligated to apply.<br />
• Accounting Standards for Non-Public Entities<br />
applied by those companies which are subject to the<br />
Act on External Audit of Stock Companies but are<br />
not mandated to adopt K-IFRS; and<br />
• Accounting Standards for Special Topics established<br />
by the <strong>Korea</strong> Accounting Standards Board in order to<br />
reflect requirements of relevant laws and regulations,<br />
or to reflect the differences in trading and business<br />
environment that are unique to <strong>Korea</strong>. These<br />
accounting standards are limited to particular entities<br />
with special forms or accounting treatments, such<br />
as “Corporate Restructuring Investment Company”,<br />
“Collective Investment Agency”, and “Trust account<br />
of Trust Agent”.<br />
Accounts and reports<br />
Directors must prepare basic financial statements and<br />
business reports in each accounting period. In the case<br />
of a stock company, the director must prepare financial<br />
statements and business reports approved by the board<br />
of directors, and shall comply with the following reporting<br />
procedures:<br />
• Director must submit financial statements and<br />
business reports to a statutory auditor six weeks prior<br />
to a regular general meeting.<br />
• Within four weeks of the date of receipt of the above<br />
documents, auditor must submit an audit report to<br />
director.<br />
• Director must submit the financial statements to the<br />
general meeting for approval, and report the contents<br />
of business reports.<br />
• When certain requirements are met, a company<br />
may receive approval from the board of directors on<br />
financial statements as provided by the articles of<br />
incorporation.