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Freelancer setting up Offshore company - Tax minimisation

Polyester

New member
May 3, 2023
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New Zealand
Hi all,

Hoping for some advice as I'm missing the last link of the puzzle for tax planning. Situation explained below:

- I am a New Zealand citizen, currently living in New Zealand.
- I will permanently move to South Korea (for lifestyle reasons), and in the process will remove myself from NZ tax residency and begin my SK tax residency.
- I am a freelance IT consultant, working primarily for Australian clients.
- These clients would like to pay in AUD to an Australian bank account number

SK has an interesting incentive for new tax residents, as follows:
...a foreign resident who has had a domicile or place of residence in Korea for 5 years or less in aggregate in the previous 10 years ending on the last date of the tax year concerned, will not be subject to Korean income tax on the foreign-source income attributable to that tax year unless the income is paid or remitted to Korea.

Given my clients are outside of SK, and foreign income is not subject to income tax in SK, how should I best structure my freelancing to minimize tax?

Est revenue ~$150k USD/year

Initial options:
1. Setup a SK company. The company tax rate is relatively low at 9%, however personal tax rates are relatively high and getting the funds out of the company while minimizing tax may be challenging.
2. Setup a HK or SG company with myself as a director, and then setup TW. No tax will be payable in HK/SG, however it may be argued that the company is domiciled in Korea and subject to SK tax.
3. Setup a HK or SG company with nominee directors. This provides a stronger argument for foreign domicile, however I am unsure how I would be able to receive AUD payments given TW disallow nominee director companies. (side note, would I be able to setup a HK/SG bank account with this structure?)
4. Do not setup a company, and have the clients remit directly to a non-SK bank account (such as HSBC Expat).

I read through many sales pitches as to why it's good to have an offshore company setup as an IT freelancer, so I'm interested to hear on the common strategy to tax minimize particularly regarding corporate domicile.
 
You have to start by talking to a SK tax lawyer about what is considered "foreign-source income". It is entirely possible that anything you do will be considered SK income because the work was performed in SK.
It is also possible that it's considered foreign-source income, as long as the company is not incorporated in SK.
Or it could be the case that it's OK if the company is registered abroad, as long as you're not officially a director in that company.
Only an expert on SK tax law and practice will be able to answer that.
You definitely shouldn't assume that only because your clients are located in another country or because you don't bill thorugh a SK entity, everything would be considered "foreign-source income".
...And then please come back and share your findings so everyone can learn something. :cool: