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Tax Guide for Foreign Companies

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Foreign Company Tax Guide

제목
Overview of dividend’s condition under the Korean Commercial Code
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Manager
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1,877
날짜
2014-06-23
첨부파일

1.     Overview

Company's profit can be distributed to shareholders by the distribution of residual property, however generally it's possible to pass the company's profits through distributions of profit under the terms and conditions of Commercial code.

2.     Conditions of Regular(General) Dividend

2.1.  Company have a distributable profit. Distributable profit can be calculated after the deduction of following items which are excluded from dividend in the net Assets of Balance Sheet.

1)     Paid-in Capital(Capital and Capital Surplus)

2)     Legal Reserves(Earned Surplus Reserve and Capital Reserve)

3)     Legal Reserve which is reserved this closing period (Company have to reserve 10 % of dividend amount each year which is reached half of Capital Amount.)

2.2.  Approval of shareholder's meeting(General Resolution) : Shareholder's meeting can be approved through the Statement of Disposal of Earned Surplus Reserve

3.     Interim dividend

3.1.  Company can distribute the interim dividend once a year

3.2.  Interim dividend can distribute in case AOI has an interim dividend clause

3.3.  The resolution of interim dividend can be resolved by BOD meeting

3.4.  Interim dividend is possible to distribute by cash dividend only.

3.5.  The distributable interim dividend is calculated by deduction of followings.

1)     Capital as reserved last year

2)     Legal reserve as accumulated last year

3)     Unpaid dividend which is resolved the previous fiscal year

4)     Legal Reserve which is reserved this dividend. (Company have to reserve 10 % of dividend amount each year which is reached half of Capital Amount.)

 

게시글 SNS 공유
이전글 Advance Ruling with National Tax Service (“NTS”)
다음글 Procedures for Prior Approval of Arm’s Length Price Computation Method
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