정녕 opt 때 받은 봉급에 대해 2000불 혜택이 없습니까?

  • #290905
    opt 141.***.108.148 2737

    제가 찾은 택스-트리티에서 보면요,

    personal service 에 대한 소득에 대해 2000불을 5년간 공제한다. (Article 21, (1)) 고 했거든요. 이것이 학업에 관련된 교육기관에서 일한것이라야 한다거나 하는 얘기는 없는데 말이죠…

    어떻게들 생각하시는지요.

    아래는 트리티 21조 입니다.

    ARTICLE 21
    Students and Trainees

    (1) (a) An individual who is a resident of one of the Contracting States at the time he
    becomes temporarily present in the other Contracting State and who is temporarily present in
    that other Contracting State for the primary purpose of —
    (i) Studying at a university or other recognized educational institution in that
    other Contracting State, or
    (ii) Securing training required to qualify him to practice a profession or
    professional specialty, or
    (iii) Studying or doing research as a recipient of a grant, allowance, or award
    from a governmental, religious, charitable, scientific, literary, or educational organization,
    shall be exempt from tax by that other Contracting State with respect to amounts described in
    subparagraph (b) for a period not exceeding 5 taxable years from the date of his arrival in that other
    Contracting State.

    (b) The amounts referred to in subparagraph (a) are- –
    (i) Remittances from abroad for the purpose of his maintenance, education,
    study research, or training;
    (ii) The grant, allowance, or award; and
    (iii) Income from personal services performed in that other Contracting State in
    an amount not in excess of 2,000 United States dollars or its equivalent in Korean won
    for any taxable year.

    (2) An individual who is a resident of one of the Contracting States at the time he becomes
    temporarily present in the other Contracting State and who is temporarily present in that other
    Contracting State as an employee of, or under contract with, a resident of the first-mentioned
    Contracting State, for the primary purpose of–
    (a) Acquiring technical, professional, or business experience from a person other than
    that resident of the first-mentioned Contracting State or other than a person related to such
    resident, or
    (b) Studying at a university or other recognized educational institution in that other
    Contracting State,
    shall be exempt from tax by that other Contracting State for a period not exceeding 1 year with respect
    to his income from personal services in an aggregate amount not in excess of 5,000 United States
    dollars or its equivalent in Korean won.

    (3) An individual who is a resident of one of the Contracting States at the time he becomes
    temporarily present in the other Contracting State and who is temporarily present in that other
    Contracting State for a period not exceeding 1 year, as a participant in a program sponsored by the
    Government of that other Contracting State, for the primary purpose of training, research, or study, shall
    be exempt from tax by that other Contracting State with respect to his income from personal services in
    respect of such training, research, or study performed in that other Contracting State in an aggregate
    amount not in excess of 10,000 United States dollars or its equivalent in Korean won.
    (4) The benefits provided under Article 20 (Teachers) and paragraph (1) of this Article shall, when
    taken together, extend only for such period of time, not to exceed 5 taxable years from the date of
    arrival of the individual claiming such benefits, as may reasonably or customarily be required to
    effectuate the purpose of the visit.

    • 세금보고 63.***.22.21

      답변이 아니어서 죄송하구요…^^
      저도 작년9월까지 OPT로 회사에서 일하고 10월부터는 H-1을 받아서 일하고 있는데요, 이조항을 적용할 수 있는건지 아직 헷갈립니다. 21(1)-(ii)에 OPT가 해당되는것 같은데 여기에는 어디에서 일해야 적용되는지에 데한 언급이 없는것 같네요.
      그래서 학교에서 일하건 회사에서 일하건 적용받을 수 있을것 같은데, 알고 계신분 좀 알려주세요…