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Tax Info at a Glance

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Subject
Payroll_4SocialInsurance    Special Tax Treatment for Foreign Workers (Year-End Settlement for Foreigners)
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Date
2024-03-13
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Hello,
We have foreign workers in our company. During the year-end tax settlement, we learned that foreign workers can choose between the flat tax rate (19%) and the year-end settlement method for local workers. We want to apply the special tax treatment for foreign workers.
 
Here are the questions:
1. Should the employer's share of social insurance premiums be included in the taxable base?
2. If the employer's share of social insurance premiums should be included in the taxable base, is it based on the notification month or the accrual month?
 
Answer
Kindly find the replies to your inquiries:

(1) When a foreign worker applies the flat tax rate (19%) for the year-end settlement, the employer's share of social security insurance premiums is included in the taxable base. (Health insurance premiums, employment insurance premiums, and long-term care insurance premiums are included, while national pension insurance premiums are not included.) Generally, the employer's share of social security insurance premiums for residents is considered non-taxable income according to Article 12 of the Income Tax Act. However, when applying the tax exemption for foreign workers under Article 18-2 of the Special Tax Treatment Restriction Act, the provisions related to non-taxable income are not applicable, so it is included in the taxable base. (Article 18-2 of the Special Tax Treatment Restriction Act)

(2) If social insurance premiums are paid through notifications, it is considered as belonging to the business year in which the notification date falls. If paid voluntarily, it should be regarded as belonging to the business year in which the payment date falls. (Corporation, SeoI 46012-11116, May 29, 2002)
 
If you have any further questions or need clarification, feel free to ask!
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