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Legal Intellectual

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Q

I have a question for a finance attorney regarding the reporting of overseas financial accounts.

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Hello, finance attorney. I hold financial accounts and virtual asset accounts abroad, and I am curious whether I am subject to the reporting of overseas financial accounts. In addition, please explain who bears the reporting obligation in the case of a joint-name account or a borrowed-name account.

finance attorney

A

Answer to Related Inquiry

The obligation to report overseas financial accounts arises when several conditions are all met.

1. As of the end of the year subject to reporting, you must be a domestic resident or a domestic corporation, and you must not be subject to a reporting exemption.

2. You must hold an overseas account used for financial transactions, such as an account with an overseas bank, a securities or derivatives account, an insurance product, or an account with a virtual asset service provider.

3. On any one of the last days of each month in the year subject to reporting, the combined account balance must exceed 500 million won.

However, if certain requirements are met, such as being a foreign resident, an overseas Korean national, or an employee of an international organization, the reporting obligation may be exempted.

In addition, for a joint-name account all joint holders, and for a borrowed-name account the actual owner and the nominal holder, are subject to reporting, and an exemption also applies where a related person has already filed and the tax office can confirm the account information.

From a finance attorney's perspective, it is important to accurately determine the account type, the ownership structure, and the exemption requirements, and because an administrative fine and additional tax may be imposed if reporting is omitted, it is safer to review the matter with an expert in advance.

Checking in advance, together with a finance attorney, whether you are subject to reporting and how to prepare the materials can minimize the risk.

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