The Income Tax Agreement between Taiwan and Korea entered into force on December 27, 2023 and took effect on January 1, 2024
Date:2024-01-25
The Ministry of Finance states that the Agreement between the Taipei Mission in Korea and the Korean Mission in Taipei for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (hereinafter referred to as “the Taiwan-Korea ADTA”) was signed on November 17, 2021. After both sides completed their respective domestic law requirements and notifying procedures, the Taiwan-Korea ADTA entered into force on December 27, 2023 and became effective on January 1, 2024, making it the 35th comprehensive Income Tax Agreement for Taiwan. The Taiwan-Korea ADTA is the 2nd Income Tax Agreement that Taiwan concluded with Northeast Asian countries after Japan. Our Ministry of Finance elaborates that the Taiwan-Korea ADTA includes 29 Articles, which provide appropriate tax reduction or exemption and tax administrative cooperation measures (please refer to the attached table) including a reduced withholding tax rate of 10% for dividends, interest, and royalties; tax exemption for business profits or independent personal services under specific conditions; relevant dispute resolution mechanism (mutual agreement procedure), and so on. In the absence of the Taiwan-Korea ADTA, a Taiwanese enterprise receiving technical service income sourced from Korea and having no place of business in Korea would be subject to a withholding tax of 22% (including local income tax) on the gross payment of the service income. However, after the Taiwan-Korea ADTA became effective, if a Taiwanese enterprise has no permanent establishment (PE) in Korea as defined in this ADTA, but receives technical service income sourced from Korea, the technical service income may enjoy tax exemption in Korea. The Ministry of Finance further explains that the Taiwan-Korea ADTA includes provisions for requesting a mutual agreement procedure (MAP). If a tax resident of either Taiwan or Korea considers that the actions of one or both sides result or will result in taxation not in accordance with the provisions of this ADTA, the resident may request that the competent authorities of both sides consult with each other to resolve the dispute. For example, multinational enterprises (MNE) may apply for corresponding adjustments in accordance with relevant provisions to eliminate double taxation arising from transfer pricing adjustments assessed by one side. They may also apply for a bilateral advance pricing arrangement (BAPA) to reduce the risk of facing transfer pricing audits, thereby enhancing tax certainty and reducing tax barriers to cross-border trade or investment. This will serve as a foundation for deepening bilateral economic and trade cooperation. The Ministry of Finance notes that based on the statistics from Taiwan’s Ministry of Economic Affairs, Korea was Taiwan’s 5th-largest trading partner in 2022, while Taiwan was the 6th-largest trading partner for Korea. In terms of bilateral investment, as of October 2023, Taiwanese enterprises invested a total amount of approximately US$2.9 billion in Korea, and Korean enterprises invested a total amount of approximately US$1.7 billion in Taiwan. Taiwan and Korea have close economic and trade relations and the industries of both sides complement each other in the fields of semiconductor and memory manufacturing. With the Taiwan-Korea ADTA taking effect, it will establish a favorable tax environment for the people and businesses of both sides. This will facilitate the movement of personnel, goods, technology, and capital between the two sides. As a result, it will strengthen supply chains, and foster industrial collaboration and resilience. It will also further allow both sides to explore opportunities for cooperation in industries such as food, tourism, healthcare, beauty, and gaming. The Ministry of Finance emphasizes that, based on the principles of equality and reciprocity, it will continue to promote the signing of Income Tax Agreements with countries with close economic and trade relationships so as to provide Taiwanese businesses with more comprehensive tax benefits and protection for their overseas investments. Contact person: Ms. Lin, Tian-Cin, Section Chief. Contact Number: +886-2-23228150
Back