Applying and Calculating the Tax-Treaty Limited Rate

Domestic law sets the rate — the treaty wins whenever it's lower.

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Tax treaties set a "limited rate" (reduced rate) capping how much the source country (Korea) can tax a non-resident's interest, dividend, royalty, and similar income. If the domestic statutory rate (mostly 20%) exceeds the treaty's limited rate, the treaty rate applies instead — and it is calculated on the gross payment amount, not net income.

To use the reduced rate, you must submit a "Non-taxation/Exemption Application" or "Limited Rate Application" through the withholding agent to the relevant tax office before the income is paid, along with a certificate of residence issued by your home government.

Steps to apply for the treaty limited rate

Obtain a Certificate of Residence from your home tax authority
Complete the Non-taxation/Exemption Application (or Limited Rate Application)
Submit it to the relevant tax office through the withholding agent before income is paid
Check whether the treaty requires annual renewal

Missed the deadline? It's not too late

Even if you didn't submit the application before payment and were withheld at the higher domestic rate, you can later file for a correction (request for reassessment) to recover the difference against the treaty's limited rate. There is a filing deadline for this (typically 5 years), so it's best to act as soon as possible.

Frequently Asked Questions

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