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Corporate Tax Act — Article 98-3 (Special cases concerning withholding from bonds, etc. subject to withholding tax of foreign corporations)

법인세법 제98조의3

This English translation is based on the Korean text effective 2025-03-14. The Korean law has since been amended (current version effective 2026-07-01) — check the Korean original.

(1) Any person who pays interest, etc. on bonds, etc. subject to withholding tax to a foreign corporation (referring to a foreign corporation subject to Article 98 (1); hereafter the same shall apply in this Article), or purchases (including brokering, arranging, or other cases prescribed by Presidential Decree, but excluding trading of repurchase bonds, etc. or other cases prescribed by Presidential Decree; hereafter the same shall apply in this Article) bonds, etc. from a foreign corporation before receiving the interest, etc. on such bonds, etc. shall withhold the tax in consideration of the holding period of such bonds, etc., as prescribed by Presidential Decree. <Amended on Dec. 30, 2010>

(2) Deleted. <Dec. 31, 2004>

(3) Any act of the person who acts for a person liable for withholding under paragraph (1) or is commissioned to act for the person liable for withholding shall be deemed an act of the principal or his or her delegate within the scope of the delegation or commission, and is subject to paragraph (1). <Amended on Dec. 30, 2010>

(4) Where a financial company, etc. assumes charge of, trades or brokers bonds, etc. subject to withholding tax issued by a resident or foreign corporation or makes such transactions as an agent, the financial company, etc. shall be deemed to have the agency or commission relationship with the person liable for withholding provided in paragraph (1) and a foreign corporation that sells bonds, etc., subject to withholding tax for purposes of paragraph (3). <Amended on Dec. 30, 2010>

(5) In applying paragraphs (1) through (4), Article 98 (1) through (3) shall apply mutatis mutandis to the deadline for the payment of the withholding tax and the payment and collection of the additional tax. <Amended on Dec. 30, 2010>

(6) In applying paragraph (1), matters necessary for the timing for payment of interest income, calculation of the holding period of bonds, etc., subject to withholding tax, calculation and payment of withholding tax, scope of persons liable for withholding, issuance of withholding receipts, and other matters shall be prescribed by Presidential Decree. <Amended on Dec. 30, 2010>[This Article Added on Dec. 29, 2000][Title Amended on Dec. 30, 2010]

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