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.
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.
Korean Salary 근로소득 — Article 15 급여 · 임금
- 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
- 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
- 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
Korean Rental Income 임대소득 — Article 6 임대 수입
- 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
- 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)
- 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)
Korean Business Income 사업소득 — Article 8 개인사업자 · 프리랜서
- 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
- 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
- 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
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. |
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. |
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.
Documented by 원천징수영수증
Passive: interest, dividends, rental, cap gains
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. | |
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
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
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.

