RS/RSU
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Taxation of Employee - RS/RSU

Tax at grant for RS; tax at vesting for RSU. Taxable amount is fair market value of the shares on the tax event.

Tax on sale, subject to an exclusion.

Sub Deduction - RS/RSU

Yes, if reimbursement made and certain other conditions satisfied.

Exchange control restrictions may impact ability to implement reimbursement arrangement.

Please contact Baker McKenzie for more information.

Withholding and Reporting - RS/RSU

Income Tax:

Generally, no withholding  provided subsidiary does not reimburse parent. Effective 1 January 2024, employer is required to report option income on an annual basis.

Social Insurance Contributions:

Yes, employee and employer social insurance contributions apply. Employer technically required to withhold employee contributions.

Securities Restrictions - RS/RSU

Generally, no, as employee exemption should apply.

Korean residents previously could not sell foreign-listed shares through foreign brokers or deposit proceeds abroad, requiring engagement with Korean domestic brokers. However, a recent legislative action promulgated on 5 March 2024 now allows Korean resident employees of multinational companies to dispose of overseas-listed securities without using Korean licensed brokers.

Exchange Controls - RS/RSU

Employees may be required to report deposit of proceeds with a value in excess of USD 5,000 into a non-Korean bank account.

Plan Entitlement - RS/RSU

Written disclaimer should be included in grant documents to reduce risk of entitlement. Equity income likely will constitute "wages," particularly if there is reimbursement.

Data Privacy - RS/RSU

Personal Information Protection Act in effect.

Written consent from employees for the collection, use and transfer of data abroad is required and specific data and recipients must be named.