Providing Excellence In Client Services May 2014 Newsletter Bi-monthly Tax Newsletter of Horwath Choongjung LLC Contents This newsletter is prepared and issued by Horwath Choongjung LLC (Choongjung Accounting Corp.) on a bi-monthly basis and intended to Korea - US Agreement on Automatic Exchange of Tax Information provide foreign investors with an update on tax law changes in Korea and other related subjects of special interests to foreign investors. The information provided herein should not form a basis of any decision as to a particular course of action, nor should it be relied upon Tax News as a substitute for a detailed advice in individual cases. New Tax Ruling --------------------------------------------------------------------------------------------------- Please contact any of the following individuals with any inquiries or comments. Contacts: HS Kim, SY Kim, SJ Kim or GS Sim at Tax&BPO Services of Horwath Choongjung [Tel: (82)(2) 316-6600, Fax: (82)(2) 775-5885, E-mail: post@crowehorwath.co.kr] (You may find this newsletter and other items of interest at http://www.crowehorwath.co.kr) Audit l Tax l Advisory www.crowehorwath.co.kr -1- May 2014 Korea - US Agreement on Automatic Tax Information Exchange Korea-US signed a Treaty on Tax related Information Exchange The Ministry of Strategy and Finance announced that Korea has signed a treaty agreeing to exchange tax related information with the US Department of Commerce starting in 2015. Key elements of the agreement are as follows: US to Korea ▪ US bank accounts held by Accounts information of individuals Korea to US ▪ Financial accounts containing Koreans accruing more than over US$50,000 (Savings US$10 in annual interest worth more than US$250,000 ▪ Other bank accounts related to US deposited in insurance companies) source income ▪ US source income related ▪ Financial accounts containing Accounts financial accounts over US$250,000 (no limits for information new accounts opened after of corporations enforcement of the agreement) Other information to be exchanged ▪ Interests, dividends, and other ▪ Interests, dividends, other income income, and account balances ▪ Banks, investment banks, insurance companies, etc. Financial ▪ Government entities, central banks, international organizations, and public institutions pension funds are excluded. to participate Method of ▪ To be determined between tax authorities. exchange ▪ Previous year information will be exchanged by September 30 When to exchange of the following year (beginning in 2015). ▪ To be identified by using information on nationality, address, place of birth, Identification of telephone numbers, etc. account holder The foregoing agreement will be effective after the agreement is formally signed by both countries and ratified by the national assembly. Audit l Tax l Advisory www.crowehorwath.co.kr -2- May 2014 Tax News Tax support to help taxpayers in the Special Disaster Zones affected by Sewol ferry disaster The government declared Jindo-gun county and Ansan-si as special disaster zones (“SDZ”) on April 20, 2014 to help support the taxpayers in the regions who are affected by the sinking of Sewol ferry. Eligible persons a. Victims and victim’s families, taxpayers in the SDZ, and fishermen who are affected by the Sewol ferry disaster. b. Taxpayers engaging in tourism, lodging or shipping industries who suffered from damage to their businesses due to the disaster. Tax supports granted a. Extended deadline for filing and paying national taxes up to nine months. b. Extended due date for tax payment up to nine months for taxpayers in the regions who have already received tax assessment notices. c. Non-enforcement of process for recovery of taxes in arrears up to one year for the taxpayers who have failed to pay taxes by the deadlines. d. Extended period for application of earned income tax credit (“EITC”) from May 1 - June 2 to May 1 - September 2 for the victims, victims’ families and the residents in the SDZ. The period for delayed filing of EITC for which only 90% of the subsidy is granted will be extended from June 3 September 2 to June 3 - December 2. New Tax Ruling Input VAT on Golf membership for entertainment purpose [Daebeob 2013 Du 14887, 2013.11.28] Generally VAT paid on acquisition of asset is refundable or it must be added to the acquisition cost of the asset so that the non-refunded VAT can reduce the capital gains to be realized in the future when the asset is disposed. However, when a golf membership is purchased obviously for entertainment purpose, the VAT on purchase of such golf membership shall be neither refundable nor added to the acquisition cost of the asset because the VAT shall be treated as entertainment expenses subject to tax limit. Audit l Tax l Advisory www.crowehorwath.co.kr -3- May 2014 New Tax Rulings (continued) Consolidated VAT return covering unregistered business places [Daebeob 2013 Du 17800, 2013.12.26] A taxpayer having two or more business places (e.g., head-office, branch office, factory, etc.) should register each of the business places for VAT purpose at the district tax office and file VAT return for each business place unless the taxpayer applied for a consolidated VAT return filing. In the case where a taxpayer having two or more business places failed to register all of the business places and filed unauthorized consolidated VAT return with the tax office governing the head office, the VAT return that should have been filed for each of the unregistered business places shall not be regarded as duly filed and therefore tax penalties for non-filing and non-issuing VAT invoices shall be imposed. * * * * * Horwath Choongjung LLC Member Crowe Horwath International PMAA Jaram Building, 16th Floor, 78 Mapodaero, Mapo-gu, Seoul 121-815, Korea TEL: (82)(2) 316-6600 FAX: (82)(2) 775-5885 E-mail: post@crowehorwath.co.kr Website: http://www.crowehorwath.co.kr Horwath Choongjung LLC is a member of Crowe Horwath International, a Swiss association. Each member firm of Crowe Horwath separate and independent legal entity. Horwath Choongjung LLC and its affiliates are not responsible or liable for any acts or omissions International or any other member of Crowe Horwath International and specifically disclaim any and all responsibility or liab Crowe Horwath International or any other Crowe Horwath International member. Audit l Tax l Advisory www.crowehorwath.co.kr -4-