How U.S. Taxes Korean Income — Salary, Business, Rental 2026
Hanmi CPA · Cross-Border Tax Guide

How U.S. Taxes Korean Income — Salary, Business, Rental
한국 소득의 미국 세금 처리 완전 가이드 — 조약 조항 · FTC 계산 포함 2026

Korean salary (Article 15), rental income (Article 6), business profits (Article 8 + PE rules), severance (퇴직금), capital gains — with verified treaty articles, FTC basket assignments, Korean tax rate context, Totalization Agreement for SE tax, and the FEIE vs. FTC choice for expats.

Treaty Articles Cited FTC Passive vs General FEIE $132,900 (2026) Totalization Agreement

Overview — Korean Income on Form 1040 한국 소득 미국 신고 개요

Once a person is a U.S. tax resident — through the Green Card Test, Substantial Presence Test, or First-Year Election — all worldwide income is subject to U.S. tax. This includes income earned entirely in Korea, paid in Korean won, by Korean employers, and already taxed by the Korean National Tax Service (NTS). The foreign income must be reported in USD on Form 1040 and categorized correctly by income type.

Form 1040 / W-2 equivalent
Korean Salary
근로소득
Treaty Article 15
Schedule E
Korean Rental Income
임대소득
Treaty Article 6
Schedule C
Korean Business / Freelance
사업소득
Treaty Article 8
Form 1040 (Other Income)
Korean Severance
퇴직금 / 퇴직소득
Treaty Article 15/21
Schedule D / Form 8949
Korean Stock Gains
양도소득
Treaty Article 13
Schedule B
Korean Interest / Dividends
이자소득 / 배당소득
Treaty Article 11/12
Korea Taxes the Same Income — But Double Taxation Is Prevented: Korea taxes Korean-source income (wages earned in Korea, Korean rental income, Korean business profits) under Korean domestic law, regardless of the earner's U.S. tax status. The U.S. also taxes the same income as worldwide income. The Foreign Tax Credit (Form 1116) prevents most or all double taxation by crediting Korean income taxes paid against the U.S. tax on the same income — dollar for dollar. At Korean income tax rates (up to 45% national + 4.5% local = 49.5% effective top rate), the FTC usually eliminates the entire U.S. tax liability on Korean-source income.

Korean Salary 근로소득 — Article 15 급여 · 임금

15
Employment Income / Korean Salary
근로소득 — 미한 조세조약 제15조
Form 1040, Line 1a
U.S. Reporting
  • Report gross Korean salary on Form 1040 Line 1a ("Other earned income")
  • Convert KRW to USD using IRS yearly average exchange rate
  • No W-2 from Korean employer — note "Foreign employer" on return
  • Korean salary counts toward U.S. earned income for FEIE and IRA contribution eligibility
FTC Basket
  • General income basket(not passive)
  • Korean income taxes withheld on salary (소득세 + 지방소득세) creditable on Form 1116, general basket
  • Korean social insurance premiums (건강보험, 국민연금 employee portion) are NOT creditable — social taxes, not income taxes
  • FTC limited to U.S. tax on the Korean salary income
Documents Needed
  • 근로소득 원천징수영수증 (year-end withholding certificate from Korean employer)
  • Monthly pay stubs for monthly income verification
  • Employment contract if IRS requests source documentation
  • IRS yearly average KRW/USD rate documentation
Treaty Article 15 — Employment Income: Under the U.S.–Korea Tax Convention, Korea has primary taxing rights on compensation earned for employment exercised in Korea. However, the U.S. still taxes this income as worldwide income. The FTC on Form 1116 (general basket) prevents double taxation. A U.S. citizen or resident working for a Korean employer in Korea for the full year will generally owe $0 in net U.S. tax on Korean salary after applying the FTC — because Korean income taxes paid (up to 49.5% effective rate) exceed the U.S. tax owed on the same income (up to 37%).

Korean Rental Income 임대소득 — Article 6 임대 수입

6
Real Property Income / Rental Income
부동산 임대소득 — 미한 조세조약 제6조
Schedule E
U.S. Reporting
  • Report gross Korean rental income on Schedule E
  • Deduct Korean property expenses on Schedule E
  • Net rental income flows to Form 1040 Schedule 1
  • Passive activity loss rules apply — Korean rental losses may be limited if total rental income is passive
Deductible Korean Expenses
  • Korean property tax (재산세) — deductible
  • Repair and maintenance costs
  • Agent/realtor management fees
  • Mortgage interest (if Korean mortgage exists)
  • U.S. depreciation: Residential property: 27.5-year straight-line; Commercial: 39 years. Basis = USD-converted purchase price at acquisition-date exchange rate
  • Korean rental income tax paid: creditable via FTC (passive basket)
Documents Needed
  • 임대차계약서 (lease agreement)
  • Monthly rent receipts or bank transfer records
  • Expense receipts (repairs, property tax, fees)
  • Korean property purchase documents (for depreciation basis)
  • 임대소득 원천징수영수증 (if tenant withheld Korean tax)
Treaty Article 6 — Real Property Income: Income from Korean real property (rental income and gains from sale) may be taxed by Korea as the country in which the property is situated. The U.S. also taxes this income as worldwide income. For rental income: FTC on Form 1116 (passive basket) credits Korean taxes paid. Important: depreciation claimed on U.S. Schedule E uses U.S. rules (27.5 or 39 years), not Korean tax depreciation rules. The USD cost basis for depreciation is the Korean won purchase price ÷ the exchange rate on the date of acquisition.
⚠ 전세 (Jeonse) Deposits — U.S. Tax Treatment: Korean 전세 (lease deposit) arrangements require the landlord to refund a large deposit at the end of the lease rather than collecting monthly rent. For U.S. tax purposes, a 전세 arrangement may generate imputed rental income under U.S. tax principles — the IRS may treat the use of the 전세 deposit as producing a rental income equivalent. Consult a CPA familiar with both Korean and U.S. tax law before the first U.S. tax return that includes a 전세 property.

Korean Business Income 사업소득 — Article 8 개인사업자 · 프리랜서

8
Business Profits / Self-Employment
사업소득 — 미한 조세조약 제8조 (고정사업장 규정)
Schedule C
U.S. Reporting
  • Report on Schedule C (sole proprietorship / single-member business)
  • Gross Korean business revenue minus deductible Korean business expenses = net Schedule C income
  • Net income subject to U.S. self-employment (SE) tax (15.3% on 92.35% of net) — see Totalization Agreement exception below
  • SE tax deduction (50% of SE tax) reduces AGI
Permanent Establishment (PE) Rule
  • Under Article 8, business profits of a Korean resident are generally exempt from U.S. tax unless the business has a permanent establishment (PE) in the U.S.
  • Conversely, a U.S. resident's Korean business profits may only be taxable in Korea (in addition to U.S.) if there is a Korean PE
  • PE examples: office, factory, branch, warehouse, construction project lasting >6 months
  • Non-PE: preparatory/auxiliary activities, storage for delivery, advertising/research
Documents Needed
  • 사업자등록증 (business registration certificate)
  • 사업소득 원천징수영수증 (if clients withheld Korean tax)
  • Korean 종합소득세 신고서 (Korean business tax return) for FTC documentation
  • All business expense receipts
  • Contract agreements with Korean clients
Treaty Article 8 — Business Profits & Permanent Establishment: Business profits of a U.S. resident earned through a Korean business are taxable in both the U.S. (worldwide income) and Korea (if PE exists in Korea or income is Korean-source). The FTC (Form 1116, general basket) credits Korean business taxes paid. The PE provision is important for U.S. residents who run Korean corporations — a Korean corporation is a separate taxable entity; its profits are generally not directly attributed to the U.S. shareholder unless Subpart F or GILTI rules apply (for CFCs with 10%+ U.S. ownership).

Korean Severance 퇴직금 퇴직소득

Korean law (근로기준법) requires employers to pay severance (퇴직금) upon termination of employment of at least 1 year. The severance is calculated as approximately 1 month's salary per year of service. U.S. tax treatment depends on when the employment was performed and when the payment is received relative to the U.S. residency start date.

Scenario U.S. Taxable? FTC Available? Notes
Entire employment in Korea; severance paid before U.S. residency starts NO — non-resident period, Korean-source income N/A — not U.S. taxable Pre-residency income: not subject to U.S. tax. Korean severance taxes withheld per Korean rules only.
Entire employment in Korea; severance paid after U.S. residency starts YES — received as U.S. resident; Korean-source YES — Korean severance taxes withheld (퇴직소득세) creditable on Form 1116 general basket Payment date matters: income received as a U.S. resident is taxable even if earned pre-residency. Source analysis required; treaty Article 15/21 may provide some relief.
Employment spans U.S. residency start date; severance paid after move Apportionment required YES on U.S.-taxable portion Pre-residency service period: Korean-source, potentially excluded. Post-residency service period: U.S.-taxable. Apportion severance by days of service in each period.
퇴직금 Documentation — Request Before Leaving Korea: Korean employers are required to issue a 퇴직소득 원천징수영수증 (Severance Income Withholding Certificate) showing gross severance paid, calculation of Korean severance tax withheld, and applicable Korean tax rates. This document is the primary support for the FTC claim on Form 1116. Korean severance withholding rates are generally favorable (lower effective rates due to special calculation formulas) — the Korean taxes withheld should be creditable against U.S. income tax on the same severance.

Korean Stock Gains 양도소득 — Article 13 주식 매매 차익

Capital gains from selling Korean stocks or other Korean capital assets are taxable in the U.S. as worldwide income. The U.S. applies its own LTCG/STCG rate structure based on the total holding period — not Korea's tax treatment.

Asset Type U.S. Tax Treatment Korea Tax Treatment FTC Available?
Listed Korean stocks (KRX) — individual stocks (소액주주) LTCG (if held >12 months) or STCG at ordinary rates. Report on Form 8949 and Schedule D. Generally exempt from Korean capital gains tax for small shareholders (소액주주 면세). Most Korean residents pay no Korean capital gains tax on KRX-listed stocks. NO FTC — Korea generally did not withhold tax. Entire U.S. LTCG rate applies.
Korean real estate gains Taxable in U.S. as capital gain. Basis in USD using purchase-date rate; proceeds in USD using sale-date rate. Korea taxes real estate gains (양도소득세). Tax rates vary by holding period and property type. YES — Korean real estate gains taxes are creditable on Form 1116 (passive basket).
Korean ETFs and mutual funds (PFIC) Subject to PFIC excess distribution regime — NOT standard capital gains rates. Form 8621 required. Korean capital gains rules apply on sale/redemption. Korean taxes on PFIC sale may be creditable, but PFIC tax treatment is complex — CPA analysis required.
Unlisted Korean stock (비상장주식) LTCG or STCG rates based on holding period Korea taxes gains on unlisted shares (generally 10–20%). YES — Korean capital gains taxes on unlisted shares are creditable.
⚠ Korean Listed Stock Gains — No FTC, Full U.S. LTCG Tax: For most individual investors selling Korean stocks listed on the KRX (KOSPI, KOSDAQ), Korea does not impose capital gains tax (소액주주 면제). This means there is no Korean tax to credit against the U.S. LTCG tax. A U.S. resident who sells $50,000 of Korean Samsung stock with a $20,000 gain held more than 12 months pays U.S. LTCG tax (0%, 15%, or 20% depending on income) with NO FTC offset — because Korea did not tax the gain. This is one area where Korea's favorable domestic tax treatment actually creates a U.S.-only tax burden.

Foreign Tax Credit — Baskets & Calculation 외국납부세액공제 바스켓과 계산

The Foreign Tax Credit (Form 1116) is the primary mechanism for preventing double taxation on Korean income. Critically, the FTC must be calculated separately for two income baskets — and credits from one basket cannot offset tax in the other.

Korean Taxes Paid
소득세 + 지방소득세
Legally owed & paid
Documented by 원천징수영수증
Form 1116
Two Separate Baskets
General: salary, business, severance
Passive: interest, dividends, rental, cap gains
Result
U.S. Tax Reduced
Dollar-for-dollar credit
Excess carries 1 yr back, 10 yrs forward
Korean Income Type FTC Basket Korean Tax Rate Context Typical FTC Result
Korean salary 근로소득 General 6–45% national + 0.6–4.5% local = 6.6–49.5% effective FTC usually exceeds U.S. tax → $0 net U.S. tax on Korean salary; excess FTC carries forward
Korean rental income 임대소득 Passive Korean rental income taxed at ordinary rates (6–45%) or 14% separate taxation for small amounts FTC reduces or eliminates U.S. tax on Korean rental income
Korean business income 사업소득 General 6–45% + local; Korean 종합소득세 after deductions FTC typically covers most or all U.S. tax if Korean business tax was paid
Korean severance 퇴직금 General Special Korean severance tax calculation (generally lower effective rates 0–35%) FTC available; may not fully cover U.S. tax if Korean rate is lower than U.S. marginal rate
Korean bank interest 이자소득 Passive 14% national + 1.4% local = 15.4% withholding FTC partially offsets U.S. tax (15.4% Korean vs. higher U.S. rate at some income levels)
Korean listed stock gains 주식 양도소득 Passive Generally 0% for small shareholders (소액주주) No FTC — Korea didn't tax. Full U.S. LTCG/STCG rate applies.

FEIE vs. FTC — Which to Choose 해외근로소득공제 vs. 외국납부세액공제 선택

U.S. citizens and lawful permanent residents living and working in Korea may choose between two mechanisms to reduce U.S. tax on Korean earned income: the Foreign Earned Income Exclusion (FEIE) or the Foreign Tax Credit (FTC). The choice is made annually on the tax return, and the optimal choice depends on Korean tax rates paid.

Feature FEIE (Form 2555) FTC (Form 1116)
2026 exclusion/credit Excludes up to $132,900 of foreign earned income Credits Korean taxes paid against U.S. tax, dollar-for-dollar
Applies to Foreign earned income only (wages, self-employment). NOT investment income, rental, dividends, capital gains. All categories of Korean income — earned and passive. More comprehensive.
Qualification Must pass 330-day physical presence test (outside U.S. for ≥330 full days in any 12-month period) OR bona fide residence test No physical presence requirement — any U.S. resident can claim FTC on Korean taxes paid
Best for Korean income? Generally LESS favorable for Korea-based taxpayers — Korean tax rates (up to 49.5%) typically exceed FEIE tax savings at U.S. rates (up to 37%). FEIE excludes income but doesn't preserve the credit benefit of excess Korean taxes. Generally MORE favorable for Korea — excess Korean taxes (above U.S. tax on same income) generate carryforward credits. FTC preserves the economic benefit of Korean taxes paid.
FEIE + FTC combination Cannot use both on the same dollars. FEIE excludes income; FTC credits tax on included income. Some strategies use both on different portions (e.g., FEIE on first $132,900, FTC on excess). Requires careful planning.
For Most Koreans, FTC Wins: Korea's income tax rates (6–45% national + local surtax) are comparable to or higher than U.S. rates. For a Korean national earning ₩80M (~$58,000) in Korea, the effective Korean income tax rate is approximately 20–25% — producing Korean taxes of $11,600–$14,500. At the same income level, U.S. income tax is approximately $8,000–$10,000. The FTC eliminates all U.S. income tax on the Korean salary and generates a carryforward credit of $1,600–$4,500. The FEIE would simply exclude $58,000 of income — potentially saving a similar amount in tax but without generating the valuable carryforward credit.

Totalization Agreement — SE Tax Relief 한미 사회보장 협약 — 자영업세 면제

The United States and South Korea have a Totalization Agreement(entered into force April 1, 2001) that coordinates Social Security coverage for workers who earn income in both countries. For Korean nationals in the U.S. — and particularly for Korean self-employed individuals — the Totalization Agreement can eliminate the U.S. self-employment (SE) tax on Korean-source business income.

  • The problem without the Totalization Agreement: A Korean national who operates a Korean sole proprietorship while living in the U.S. would, under standard IRS rules, owe U.S. self-employment tax (15.3% on 92.35% of net business income) on Korean business income — in addition to contributing to Korean national pension (국민연금) on the same income. This creates dual social insurance contribution on the same earnings.
  • What the Totalization Agreement provides: A Korean worker who is already covered under the Korean National Pension (국민연금) system and pays 국민연금 contributions may be exempt from U.S. Social Security and Medicare taxes (SE tax) on the same Korean-source earnings during a period of temporary assignment to Korea. A Certificate of Coverage (한국어: 적용증명서) issued by the Korean National Pension Service (NPS) documents this exemption.
  • Claiming the exemption: Attach the Certificate of Coverage to the U.S. tax return. The SE tax exemption reduces the effective tax rate on Korean business income significantly — the 15.3% SE tax on $30,000 of net business income is $4,238; eliminating this via the Totalization Agreement is a meaningful saving.
  • Note on NPS contribution rates changing in 2026: Korea's pension reform beginning in 2026 will gradually raise the NPS contribution rate from 9% total (4.5% employer + 4.5% employee) to higher rates over a multi-year schedule. Check the current-year NPS rate when calculating Korean pension contribution amounts for tax documentation.

Exchange Rate & Documentation 환율 및 필요 서류

Income Type Exchange Rate to Use Key Korean Documents
Korean salary IRS yearly average KRW/USD rate (irs.gov → Yearly Average Currency Exchange Rates) 근로소득 원천징수영수증 (year-end withholding statement from employer)
Korean rental income IRS yearly average or actual receipt-date rates (monthly) 임대차계약서, monthly rent receipts, expense receipts, 재산세 bills
Korean business income IRS yearly average or transaction-date rates 사업소득 원천징수영수증, 사업자등록증, Korean business tax return
Korean severance Exchange rate on date of receipt 퇴직소득 원천징수영수증 (critical — get this before leaving Korea)
Korean stock gains Purchase-date rate for cost basis; sale-date rate for proceeds Korean brokerage transaction statements (거래내역서)
FBAR maximum balance Treasury FMS December 31 rate (not IRS rate) Korean account statements showing peak balance

5 Fully Computed Examples 실제 계산 사례 5개

Case 01 Korean Salary — Full Year in Korea, U.S. Tax Resident

A Korean national is a U.S. tax resident (green card) living in Korea. Korean salary: KRW 80,000,000/year. Korean taxes withheld: approximately KRW 12,000,000 (소득세 + 지방소득세 ~15% effective rate on this income). 2026 IRS average rate: 1,370 KRW/$.

Form 1040 — Korean Salary Reporting
Gross Korean salary: KRW 80,000,000 ÷ 1,370 $58,394
Korean taxes withheld: KRW 12,000,000 ÷ 1,370 $8,759
U.S. income tax on $58,394 (single, after $16,100 standard deduction): approx 22% bracket ≈ $9,300
FTC (general basket): Korean taxes $8,759 ≤ U.S. tax $9,300 $8,759 credited
Net U.S. income tax on Korean salary after FTC ≈ $541
Note: higher Korean tax rates (e.g., effective 25%+ on higher income) would eliminate U.S. tax entirely
Case 02 Korean Rental Income — Korean Apartment

A Korean-American owns a Korean apartment rented for KRW 1,000,000/month (KRW 12,000,000/year). Korean property expenses: KRW 3,000,000 (property tax, repairs, agent fees). Korean rental income tax withheld by tenant: KRW 600,000 (5% of monthly rent).

Schedule E — Korean Rental Income
Gross rent: KRW 12,000,000 ÷ 1,370 $8,759
Korean expenses: KRW 3,000,000 ÷ 1,370 ($2,190)
U.S. depreciation: Korean apartment cost KRW 500M ÷ 1,370 = $364,964 basis ÷ 27.5 years ($13,271) depreciation
Net Schedule E income (before depreciation: $6,569; after: negative) U.S. loss after depreciation — passive loss rules may limit deductibility
Korean rental tax withheld: KRW 600,000 ÷ 1,370 $438 FTC (passive basket)
Key benefit: U.S. depreciation on Korean real estate significantly reduces U.S. taxable rental income Often creates a paper loss even when Korean cash flow is positive
Case 03 Korean Freelance Income — Schedule C + SE Tax + Totalization

A Korean-American writer works as a freelance translator for Korean companies from the U.S. Earns KRW 30,000,000 ($21,898) in 2026. Korean clients withheld 3.3% (원천징수): KRW 990,000 ($722). Paid 국민연금 as a freelancer in Korea.

Schedule C + SE Tax Analysis
Gross Korean freelance income: KRW 30,000,000 ÷ 1,370 $21,898
Business expenses (assume $3,000 — software, phone, subscriptions) ($3,000)
Net Schedule C income $18,898
SE tax (15.3% × 92.35% × $18,898) — without Totalization Agreement exception $2,670
With Totalization Agreement (Certificate of Coverage from Korean NPS): SE tax eliminated $0 SE tax
Korean client withholding: KRW 990,000 ÷ 1,370 = $722 creditable FTC (general basket) $722 FTC
SE tax savings from Totalization Agreement $2,670 — significant for freelancers contributing to Korean NPS
Case 04 Korean Severance — Received After Moving to U.S.

A Korean engineer worked for a Korean company for 10 years. Moved to U.S. on April 1, 2026. Korean company paid 퇴직금 in June 2026 (after U.S. residency began): KRW 50,000,000 ($36,496). Korean severance tax withheld: KRW 3,200,000 ($2,336 at special Korean severance rate).

Severance Income — U.S. Tax with FTC
Residency start date: April 1, 2026 Entire employment (10 years) pre-residency; payment post-residency
Severance received as U.S. resident: KRW 50,000,000 ÷ 1,370 (June 2026 rate approx) $36,496 — technically U.S. taxable (received as U.S. resident)
Korean severance tax withheld: $2,336 → creditable on Form 1116 (general basket) FTC: $2,336
U.S. income tax on $36,496 at 22% marginal rate: ≈ $8,029 After $2,336 FTC: ≈ $5,693 net U.S. tax
Treaty position (Article 15): severance for Korean services may be taxable only in Korea → consult CPA for Form 8833 analysis If treaty claim accepted: $0 U.S. tax on Korean severance
Key takeaway: receive severance BEFORE moving if possible to avoid U.S. taxation Same $36,496 received March 31 (pre-residency): $0 U.S. tax
Case 05 Korean Stock Sale — No FTC (Korea Didn't Tax It)

A Korean-American (full-year U.S. resident) sells Samsung Electronics shares held for 3 years. Purchase: KRW 5,000 × 1,000 shares = KRW 5,000,000 in 2023. Sale 2026: KRW 9,000 × 1,000 shares = KRW 9,000,000. Korea: small shareholder exemption — no Korean tax.

Schedule D — Korean Stock Gain (No FTC)
Cost basis: KRW 5,000,000 ÷ 1,200 (approx 2023 purchase rate) $4,167
Sale proceeds: KRW 9,000,000 ÷ 1,370 (2026 sale rate) $6,569
Long-term capital gain (held >12 months) $2,402
Korean capital gains tax withheld: $0 (소액주주 면세) No FTC available
U.S. LTCG tax at 15% (assuming income in 15% LTCG bracket) $360
No FTC to offset: Korea's favorable exemption means the U.S. collects the full LTCG tax $360 U.S. tax — no Korean offset

Common Mistakes 자주 발생하는 오류

  • 1 Thinking "Korea already taxed it, so I don't need to report it to the U.S." Korean taxation of Korean-source income does not substitute for U.S. worldwide income reporting. Both reporting and the FTC claim are required — the FTC eliminates or reduces U.S. tax, but the income must still appear on Form 1040. Omitting Korean income because Korea taxed it creates both an income tax gap and a potential audit flag.
  • 2 Claiming FTC in the wrong income basket. Korean salary, business income, and severance belong in the general basket; Korean interest, dividends, rental income, and capital gains belong in the passive basket. Filing a single Form 1116 that mixes all Korean taxes into one basket, or putting salary taxes in the passive basket, produces incorrect FTC limitation calculations and may result in disallowance of part of the credit.
  • 3 Not claiming U.S. depreciation on Korean rental property. Korean real estate used as rental property is eligible for U.S. depreciation — 27.5 years (residential) or 39 years (commercial). Many taxpayers report Korean rental income on Schedule E without claiming depreciation, overstating their taxable rental income. The depreciation basis is the Korean purchase price in USD using the acquisition-date exchange rate.
  • 4 Not receiving 퇴직소득 원천징수영수증 before leaving Korea. The severance withholding certificate is the primary document supporting the FTC claim on Korean severance income. Once the taxpayer has left Korea, obtaining this document from a former Korean employer becomes significantly more difficult. Request it from HR or the payroll department before the departure date.
  • 5 Not considering the Totalization Agreement for self-employment income. A Korean freelancer or sole proprietor who contributes to Korean national pension (국민연금) while a U.S. tax resident may be exempt from U.S. SE tax on the same Korean-source business income under the Totalization Agreement. Failing to claim this exemption with a Certificate of Coverage from the Korean NPS results in paying both Korean pension contributions and U.S. SE tax on the same income — unnecessary double social insurance taxation.
  • 6 Assuming FEIE is always better than FTC for Korean income. For most Korean-source income, the FTC is superior to the FEIE — because Korean tax rates (up to 49.5% effective top rate) frequently exceed U.S. rates (up to 37%), generating excess FTCs that carry forward 10 years. The FEIE simply excludes up to $132,900 of earned income without generating any carryforward benefit. For a high-income Korean resident earning significantly above $132,900, the FEIE covers only the first $132,900 while the FTC can cover all Korean-taxed income regardless of amount.
  • 7 Not reporting Korean business income on Schedule C because "it's a Korean business." A U.S. tax resident who conducts freelance work, consulting, or sole proprietorship activities — even entirely in Korea, paid in KRW by Korean clients — must report this as Schedule C income. The U.S. taxes worldwide business income of residents. The treaty PE provision (Article 8) affects which country has primary taxing rights, but does not eliminate U.S. reporting.
  • 8 Not planning 퇴직금 timing around the U.S. residency start date. Severance received before the U.S. residency start date is Korean-source income of a non-resident alien — not taxable in the U.S. Severance received after the residency start date is taxable in the U.S. (potentially with FTC relief). If the timing of the 퇴직금 payment can be arranged before the first U.S. arrival date, significant U.S. tax can be avoided. This timing decision should be made before departure from Korea.

Hanmi CPA Insight

Practitioner's Note

The Foreign Tax Credit is the backbone of Korean-American cross-border tax planning, and understanding it at the basket level is what separates accurate FTC claims from problematic ones. Korean salary belongs in the general basket; Korean bank interest belongs in the passive basket. A single Form 1116 that lumps all Korean income and taxes together produces incorrect limitation calculations and potential IRS adjustment. Most CPA-prepared returns for Korean nationals file two separate Form 1116 computations — one for the general basket (salary, business, severance) and one for the passive basket (interest, dividends, rental, capital gains). The two baskets track separately and carryforward credits from each remain in their basket.

The Korean listed stock exemption (소액주주 면세) is a genuine tax anomaly that surprises many Korean-American investors. Korea's favorable domestic treatment of stock gains — no capital gains tax for small shareholders — actually creates a U.S.-only tax burden. Because there is no Korean tax to credit, the entire U.S. LTCG rate applies to Korean stock gains without offset. This is one of the few situations in Korean-American taxation where the Korean income type generates more U.S. tax than comparable U.S. investments — because U.S. stock gains would also be subject to LTCG rates, but at least U.S. investors don't face the anomaly of paying tax on gains that the source country didn't tax at all. The practical implication: U.S. residents holding Korean stocks should be aware they are building LTCG tax liability in the U.S. on gains that Korea will exempt.

The 퇴직금 timing decision is one of the highest-value pre-departure planning actions available to Korean nationals moving to the U.S. A Korean engineer with 15 years of service might receive KRW 60–80M in severance — approximately $44,000–$58,000 at current exchange rates. If this is received before the U.S. residency start date: $0 U.S. tax. If received after: $9,600–$12,760 in U.S. income tax (at 22% bracket) even with FTC applied for the Korean severance taxes withheld. The Korean employer usually has some flexibility in the payment timing; coordinating the 퇴직금 payment date with the CPA before departure from Korea can generate meaningful tax savings.

Hanmi CPA · How U.S. Taxes Korean Income — 2026
This document is for informational purposes only and does not constitute legal or tax advice.
Treaty provisions referenced are from the U.S.–Republic of Korea Income Tax Convention (1976) and its Technical Explanation. Consult a CPA for individual income tax analysis.