Posts

Showing posts with the label Annual Revisions

Korea's 183 Days Can Now Span Two Tax Years. A Gap Resets Them.

Korean income tax turns on one number, and the number has not moved in a decade. An individual who keeps a place of residence in Korea for 183 days is a resident, taxed on worldwide income. An individual who does not is a non-resident, taxed only on Korean-source income. What changed is not the 183. What changed is the frame you are allowed to count it in, and the frame is the whole argument. The Scene A software contractor lands at Incheon on 1 October 2025 with a twelve-month client engagement and no family in Korea. She rents a serviced apartment, registers no domicile anywhere else in the country, and stays. Her accountant back home wants one date: the day Korea starts taxing the income she earns from her other clients abroad. Read the headline rule and the answer looks obvious. One hundred eighty-three days after 1 October 2025 lands in early April 2026, so early April it is. Read the implementing decree and two other answers appear. One is 2 July 2026, three months later. O...

Seoul's Fifty-Five Million Won Priority Repayment Follows the Mortgage Date, Not the Lease

The Scene A small Seoul apartment building goes to auction. The tenant on the second floor handed over a 150 million won deposit, the lender's mortgage was registered years before that lease was signed, and a court is about to divide the sale proceeds between them. The tenant has been told, correctly, that Korean law puts a slice of a lease deposit ahead of a mortgage lender, and that in Seoul the slice is 55 million won. That figure is real. It is printed in “제10조제1항” , Article 10 (1) of the Enforcement Decree of the Housing Lease Protection Act, first subparagraph, Seoul Special Metropolitan City. The same figure can also be zero for the same tenant in the same auction. Not because the tenant fails some hidden condition, but because the Decree's Addenda hand the tenant whichever version of the schedule was in force when the lender acquired its security right. On the dominant wording the lease date does not enter that test. This piece follows the 55 million won throu...

Ninety Percent of Korea's Minimum Wage Is Lawful Only Under Three Conditions

The Scene Two people sign employment contracts in Seoul on the same Monday. One is hired as a junior coordinator at a logistics firm on a two-year contract. The other is hired to clean office floors for the same company, also on a two-year contract. Both are told they are on a three-month probation, and both are told the standard line that circulates in expatriate forums and onboarding decks alike: Korea lets an employer pay ninety percent of the minimum wage during probation. For the coordinator, that statement is correct. For the cleaner, it is unlawful, and the gap is not small. The difference does not come from the contract, the employer, or the probation period. It comes from a single sentence that was added to the Minimum Wage Act by Act No. 14900, promulgated 19 September 2017 and effective 20 March 2018, and from a Ministry notice that took effect the same day, neither of which usually survives translation into the one-line version of the rule. The ninety-percent probatio...

A Foreign Worker's Flat-Rate Election in Korea Trades the Deductions for One Rate

The Scene A Korean employment contract arrives with one line near the bottom that the rest of the document does not explain: income tax will be withheld at a flat 19 percent. Whether that line is available at all depends on a date that may lie years in the past, and on who owns the company doing the hiring. The flat rate is not a visa privilege and not an employer policy. It is Article 18-2 of the Restriction of Special Taxation Act with Article 16-2 of its Enforcement Decree, in the version promulgated as Act No. 21223 on 23 December 2025 and in force from 1 January 2026. Both are single long sentences whose closing clauses reverse what their openings appear to promise. Four tests, and one proviso that puts a failed test back All four must hold for the taxable period in question. Failing any one leaves the ordinary route. 1. First day of work in Korea on or before 31 December 2026 Otherwise: ordinary progressive route under Income Tax Act Article 55(1)...